Chapter 19.18 — LOW-DENSITY RESIDENTIAL (R-1) DISTRICT

The purpose of the Low-density Residential (R-1) district is to designate areas which will be suitable for traditional smaller lot, single-family homes and compatible uses. Maximum density is limited to ten (10) dwelling units per net acre. Typically, the R-1 district will be characterized by the typical single-family subdivision. However, innovative low-intensity projects are allowed in combination with the Cluster (CL) combining district.

(Prior code § 7030.01)

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 R-1 district:

A.

Agricultural Uses.

— Breeding and raising animals pursuant to Section 19.18.130 of this chapter

— Growing of agricultural crops for domestic use of the resident/occupant

— Community garden pursuant to Section 19.18.130 of this chapter;

B.

Residential Uses.

— Accessory dwelling unit, pursuant to Chapter 19.90

— Condominium pursuant to Chapter 19.58

— Manufactured home, mobilehome, or recreational vehicle, temporary, during construction of a singlefamily home pursuant to Section 19.18.130

— Manufactured home, pursuant to Section 19.18.130.E

— Residential accessory structures

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

— Single-family dwelling, with a width greater than sixteen (16) feet

C.

Recreational, Entertainment and Tourist Facilities.

— Community recreational facilities;

D.

Commercial Uses.

Offices:

— Temporary on-site real estate tract sales, including commercial coaches, pursuant to Section 19.18.130(D) of this chapter;

E.

Utility and Communication Facilities.

— Transmission lines and supporting towers, poles, pipelines 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;

F.

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;

G.

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

— Garage or yard sales pursuant to subsection (C) of Section 19.18.130 of this chapter

— Home occupation pursuant to Chapter 19.94 of this title

— Water storage underground recharge facilities

• Water system, small.

(Ord. G-7482 § 24, 2007; Ord. G-7012 § 18, 2003; Ord. G-6968 § 11, 2003; Ord. G-6077 §§ 65, 66, 1994; Ord. G-4916 § 8, 1989; Ord. G-4832 §§ 47, 48, 1988; prior code § 7030.02)

(Ord. No. G-8226, § 20, 11-8-11; Ord. No. G-8725, § 11, 7-11-17)

19.18.030 - 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 R-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.

Residential Uses.

— Additional single-family dwellings, not to exceed a density of one (1) dwelling unit per four thousand three hundred fifty-six (4,356) square feet (net) and not to exceed the maximum density permitted by the applicable general or specific plan. A maximum of two (2) manufactured homes may be permitted on any one (1) lot, and one (1) of the manufactured homes shall be owner-occupied

— Community care facility

— Manufactured home or mobilehome, pursuant to subsection 19.18.130(E)(6) of this chapter

— Rest home

— Retirement home

— Single-family dwelling, with a width of sixteen (16) feet or less

— Supportive or transitional housing;

B.

Recreation, Entertainment and Tourist Facilities.

— Country club

• Golf course

— Golf driving range

• Park or playground

• Swimming pool, public

• Tennis or swim club;

C.

Commercial Uses.

Offices:

• Temporary on-site real estate sales/construction,

2.

Services:

• Ambulance;

D.

Utility and Communications Facilities.

• Radio, television, microwave, or commercial communications transmitter, receiver, or translator

• Utility substation;

E.

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;

F.

Waste Facilities.

• Sewage treatment plant;

G.

Institutional Uses.

• Cemetery, mausoleum, columbarium, or mortuary

• Charitable or public service organization

• Church

• Club or lodge

• Community or senior citizens center

• Convalescent hospital

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

• Hospital

• Library

• Museum

• Public agency or public utility buildings and facilities

• Rehabilitation facilities

• Sanitarium

• Water treatment plant;

H.

Educational Institutions and Schools.

1.

General:

• Preschool

• Elementary school

• Junior high school

• Senior high school

• College or university;

I.

Miscellaneous Uses.

• Community septic disposal system

• Day-care center, with or without extended overnight services

• Drainage sump

• Flood control facilities

• Railroad caboose and similar accessory structures

• Recreational vehicle or boat storage, private and accessory to a residential development

• Skateboard ramps, noncommercial.

(Ord. G-7482 § 26, 2007; Ord. G-7012 § 20, 2003; Ord. G-6968 § 13, 2003; Ord. G-6967 § 9, 2003; Ord. G- 6551 § 30, 1998; Ord. G-6077 §§ 68, 69, 1994; Ord. G-5684 §§ 35, 36, 1991; Ord. G-5346 §§ 36, 37, 1990; Ord. G-4993 § 13, 1989; Ord. G-4916 § 9, 1989; Ord. G-4832 §§ 49—52, 1988; prior code § 7030.03)

(Ord. No. G-7821, § 35, 1-27-09)

All other uses not permitted by Sections 19.18.020 and 19.18.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the R-1 district.

(Ord. G-7189 § 26, 2005; prior code 7030.04)

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the R-1 district shall contain less than six thousand (6,000) net square feet, 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 § 71, 1994: Prior code § 7030.05)

Except as otherwise provided in Section 19.18.030 of this chapter and Chapter 19.58 of this title, there shall be no more than one (1) dwelling unit per legal lot in the R-1 district.

(Prior code § 7030.06)

The following yard and setback requirements apply in the R-1 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.

(Prior code § 7030.07)

19.18.080 - Height limits.

The following height limits apply in the R-1 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 § 27, 2005: prior code § 7030.08)

(Ord. No. G-8226, § 21, 11-8-11)

19.18.090 - Minimum distance between structures.

The following requirements apply to the minimum distance between structures in the R-1 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, other structures for housing animals and the animals themselves shall be at least thirty (30) feet away from any off-site 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 § 26, 2002: Ord. G-6077 § 72, 1994: Ord. G-5966 § 34, 1993; Ord. G-4832 § 54, 1988; prior code § 7030.06)

19.18.100 - Parking.

Off-street parking shall be provided in the R-1 district in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7030.10)

19.18.110 - Signs.

The following types of signs are permitted in the R-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 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, approved in conjunction with a conditional use permit.

(Prior code § 7030.11)

No landscaping is required in the R-1 district.

(Prior code § 7030.12)

The following special review procedures and development standards apply in the R-1 district:

A.

The breeding and raising of animals permitted pursuant to Section 19.18.020 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 19.18.090(B).

B.

A mobilehome or recreational vehicle permitted as a temporary dwelling pursuant to Section 19.18.020 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 Section 19.18.130 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.

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;

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;

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

The manufactured home shall be installed on a permanent 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:

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.

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, nonprofit 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 Kern County Planning and Community Development 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 Sections 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.

G.

Development in the R-1 district shall also comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6417 § 5, 1997; Ord. G-6331 § 5, 1996; Ord. G-6077 §§ 73, 74, 1994; Ord. G-5966 § 35, 1993; Ord. G-4914 § 10, 1989; Ord. G-4832 § 55, 1988; prior code § 7030.13)

(Ord. No. G-8226, §§ 23, 24, 11-8-11)

Chapter 19.20 - MEDIUM-DENSITY RESIDENTIAL (R-2) DISTRICT

The purpose of the Medium-density Residential (R-2) district is to designate areas for single-family, duplex and other medium-density, multi-family residential uses. The maximum density allowed is sixteen (16) dwelling units per net acre. While single-family houses and duplexes typify this district, other innovative housing techniques, including clustering and zero lot line developments, are permitted in combination with the Cluster (CL) combining district.

(Prior code § 7035.01)

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 R-2 district in accordance with the standards and

procedures set out in Chapter 19.80 of this title:

A.

Residential Uses.

— Accessory dwelling unit, pursuant to Chapter 19.90

— Apartment

• Condominium

• Duplex

— Manufactured home, one (1) per lot, pursuant to Section 19.20.130.D of this chapter

— Quadruplex

• Residential accessory structures

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

— Single-family dwelling

— Triplex

B.

Recreational, Entertainment and Tourist Facilities.

— Community recreational facilities;

C.

Commercial Uses.

1.

Offices:

— Temporary on-site real estate tract sales, including commercial coaches, pursuant to Section 19.20.130(C) of this chapter;

D.

Utility and Communication Facilities.

— Transmission lines and supporting towers, poles, pipelines 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.

— Community garden pursuant to Section 19.20.130 of this chapter

— Construction trailer, temporary, during construction activity only

— Day-care center, not to exceed a capacity of one (1) child for every three (3) dwelling units located on the property, where the lot contains a minimum of three (3) dwelling units

— Day-care home, large family, pursuant to Chapter 19.96 of this title

— Day-care home, small family, when located within a detached single-family dwelling

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

— Garage or yard sales pursuant to subsection (B) of Section 19.20.130 of this chapter

— Home occupation pursuant to Chapter 19.94 of this title

— Water storage or groundwater recharge facilities

• Water system, small or large.

(Ord. G-7482 § 28, 2007; Ord. G-6968 § 14, 2003; Ord. G-6077 §§ 76, 77, 1994; Ord. G-5803 § 15, 1992; Ord. G-4832 §§ 56—58, 1988; prior code § 7035.02)

(Ord. No. G-8226, § 24, 11-8-11; Ord. No. G-8725, § 12, 7-11-17)

19.20.030 - 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 R-2 district in accordance with the standards set out in Chapter 19.80 of this title and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

— Boarding or rooming house

— Community care facility

• Emergency shelter

— Manufactured home or mobilehome, maximum of two (2) per lot, pursuant to Section 19.20.130(D)(6) of this chapter (See Section 19.20.020(A))

— Rest home

• Retirement home

• Supportive or transitional housing;

B.

Recreation, Entertainment and Tourist Facilities.

• Country club

• Golf course

• Golf driving range

• Park or playground

• Swimming pool, public

• Tennis or swim club;

C.

Commercial Uses.

Offices:

— Temporary on-site real estate sales/construction,

Services:

• Ambulance;

D.

Transportation Facilities.

— Auto parking garage or lot, when located within five hundred (500) feet of the business or businesses it is intended to serve;

E.

Utility and Communications Facilities.

• Radio, television, microwave or commercial communications transmitter, receiver or translator

• Utility substation;

F.

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;

G.

Waste Facilities.

— Sewage treatment plant;

H.

Institutional.

• Cemetery, mausoleum, columbarium or mortuary

• Charitable or public service organization

— Church

• Club or lodge

• Community or senior citizen center

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

— Library

— Museum

• Public agency or public utility buildings and facilities

— Rehabilitation facilities

— Sanitarium

• Water treatment plant;

I.

Educational Institutions and Schools.

1.

General:

• Preschool

• Elementary school

• Junior high school

• Senior high school

• College or university;

J.

Miscellaneous Uses.

• Community septic disposal system

• Day-care center, with or without extended overnight services

— Drainage sump

• Flood control facilities

• Recreational vehicle or boat storage, private and accessory to a residential development.

(Ord. G-6968 § 16, 2003; Ord. G-6967 § 11, 2003; Ord. G-6077 §§ 79—81, 1994; Ord. G-5803 § 17, 1992; Ord. G-5684 §§ 37, 38, 1991; Ord. G-5346 § 39, 1990; Ord. G-4993 § 14, 1989; Ord. G-4832 §§ 59—61, 1988; prior code § 7035.03)

(Ord. No. G-7821, § 37, 1-27-09)

19.20.040 - Prohibited uses.

All other uses not permitted by Sections 19.20.020 and 19.20.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the R-2 district.

(Ord. G-7189 § 28, 2005: prior code § 7035.04)

19.20.050 - Minimum lot size.

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the R-2 district shall contain less than six thousand (6,000) net square feet, 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 § 83, 1994: prior code § 7035.05)

Except as otherwise provided in Chapter 19.58 of this title, there shall be a minimum of two thousand seven hundred twenty-two (2,722) net square feet of lot area per dwelling unit in the R-2 district.

(Prior code § 7035.05)

19.20.070 - Yards and setbacks.

The following yard and setback requirements apply in the R-2 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 easement;

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 § 62, 1988; prior code § 7035.07)

The following height limits apply in the R-2 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 § 29, 2005: prior code § 7035.08)

(Ord. No. G-8226, § 25, 11-8-11)

19.20.090 - Minimum distance between structures.

Minimum distance between structures in the R-2 district shall be as follows:

A.

There shall be a minimum 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.

(Prior code § 7035.09)

Off-street parking shall be provided in the R-2 district in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7035.10)

19.20.110 - Signs.

The following types of signs are permitted in the R-2 district in accordance with the requirements of Chapter 19.84 of this title:

A.

Apartment identification signs, not exceeding thirty- six (36) square feet;

B.

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;

C.

Temporary subdivision signs;

D.

Permanent subdivision identification signs;

E.

Temporary construction signs;

F.

Temporary political, religious and civic campaign signs;

G.

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

(Ord. G-4832 § 63, 1988: prior code § 7035.11)

19.20.120 - Landscaping.

Landscaping in the R-2 district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7035.12)

19.20.130 - Special review procedures and development standards.

The following special review procedures and development standards apply in the R-2 district:

A.

All development in the R-2 district shall comply with the minimum standards set out in Chapter 19.80 of this title except for one (1) single-family dwelling.

B.

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;

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.

C.

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;

No construction equipment or materials storage shall be permitted;

6.

Upon sale of all lots within the residential tract, the site shall be converted to residential use.

D.

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:

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.

E.

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, nonprofit 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 Kern County Planning and Community Development 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 -ite 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 Sections 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.

F.

Development in the R-2 district shall also comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6331 § 7, 1996; Ord. G-6077 § 84, 1994; Ord. G-5966 § 37, 1993; Ord. 5803 § 19, 1992: Ord. G- 4832 § 64, 1988; prior code § 7035.13)

(Ord. No. G-8226, §§ 26, 27, 11-8-11)

Chapter 19.22 - HIGH-DENSITY RESIDENTIAL (R-3) DISTRICT

The purpose of the High-density Residential (R-3) District is to designate areas appropriate for a variety of medium-density to high-density residential living environments, including apartments, townhouses, and condominiums. The maximum allowable density is twenty-nine (29) dwelling units per net acres. The minimum allowable density is twenty (20) dwelling units per net acre. The R-3 District may only be applied to those urban areas of the county which have adequate utility, street, and public facility capacity.

(Prior code § 7040.01)

• (Ord. No. G-9183, § 2, 12-6-22)

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 R-3 district in accordance with the standards and procedures set out in Chapter 19.80 of this title:

A.

Residential Uses.

• Accessory dwelling unit, pursuant to Chapter 19.90

• Apartment

• Bed and breakfast inn

— Boarding or rooming house

• Condominium

• Duplex

• Manufactured home, or one (1) per lot, pursuant to Section 19.22.130.D

• Quadruplex

• Residential accessory structures

• Residential facility

• Residential hotel

• Single-family dwelling

• Supportive or transitional housing, including rehabilitation facilities

— Townhouse

— Triplex

B.

Recreational, Entertainment and Tourist Facilities.

— Community recreation facilities;

C.

Commercial Uses.

Offices:

— Temporary on-site real estate tract sales, including commercial coaches, pursuant to Section 19.22.130 (C) of this chapter;

D.

Utility and Communications Facilities.

— Transmission lines and supporting towers, poles, pipelines 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.

— Community garden pursuant to Section 19.22.130 of this chapter

— Construction trailer, temporary, during construction activity only

— Day-care center not to exceed a capacity of one (1) child for every three (3) dwelling units located on the property, where the lot contains a minimum of three (3) dwelling units

— Day-care home, large family, pursuant to Chapter 19.96 of this title

— Day-care home, small family, when located within a detached single-family dwelling

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

— Garage or yard sales pursuant to Subsection (B) of Section 19.22.130 of this chapter

— Home occupation pursuant to Chapter 19.94 of this title

— Water storage or groundwater recharge facilities

• Water system, small or large.

(Ord. G-7482 § 32, 2007; Ord. G-6968 § 17, 2003; Ord. G-6077 §§ 86—88, 1994; Ord. G-5803 § 20, 1992; Ord. G-4832 §§ 65—67, 1988; prior code § 7040.02)

(Ord. No. G-7821, § 39, 1-27-09; Ord. No. G-8226, § 28, 11-8-11; Ord. No. G-8725, § 13, 7-11-17)

19.22.030 - Uses permitted with a conditional use permit.

The following uses and all those determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the R-3 district in accordance with the standards set out in Chapter 19.80 of this title and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

— Boarding or rooming house serving more than six (6) persons

— Community care facility

— Emergency shelter

— Fraternity or sorority house

— Manufactured home or mobilehome, maximum of two (2) per lot, pursuant to Section 19.22.130(D)(6) of this chapter (See Section 19.22.020(A))

— Retirement or rest home;

B.

Recreation, Entertainment and Tourist Facilities.

— Country club

— Golf course

— Golf driving range

— Park or playground

— Swimming pool, public

— Tennis or swim club;

C.

Commercial Uses.

Offices:

— Temporary on-site real estate sales/ construction,

Services:

— Ambulance;

D.

Transportation Facilities.

— Auto parking garage or lot, when located within five hundred (500) feet of the business or businesses it is intended to serve;

E.

Utility and Communications Facilities.

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

— Utility substation;

F.

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;

G.

Waste Facilities.

• Community septic disposal system

— Sewage treatment plant;

H.

Institutional Uses.

• Cemetery, mausoleum, columbarium, or mortuary

• Charitable or public service organization

— Church

• Club or lodge

• Community center or senior citizens center

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

• Library

— Museum

• Public agency or public utility buildings and facilities

• Sanitarium

• Water treatment plant;

I.

Educational Institutions and Schools.

1.

General:

• Preschool

• Elementary school

• Junior high school

• Senior high school

• College or university;

J.

Miscellaneous Uses.

• Day-care center, with or without extended overnight services

• Drainage sump

— Flood control facilities

— Recreational vehicle or boat storage, private and accessory to a residential development.

(Ord. G-7482 § 34, 2007; Ord. G-6968 § 19, 2003; Ord. G-6967 § 13, 2003; Ord. G-6077 §§ 90—92, 1994; Ord. G-5803 § 22, 1992; Ord. G-5684 §§ 39, 40, 1991; Ord. G-5346 § 41, 1990; Ord. G-4993 § 15, 1989; Ord. G-4832 §§ 68—70, 1988; prior code § 7040.03)

(Ord. No. G-7821, §§ 41, 42, 1-27-09)

19.22.040 - Prohibited uses.

All other uses not permitted by Sections 19.22.020 and 19.22.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the R-3 district.

(Ord. G-7189 § 30, 2005; prior code § 7040.04)

19.22.050 - Minimum lot size.

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the R-3 district shall contain less than six thousand (6,000) net square feet, 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 § 94, 1994: prior code § 7040.05)

19.22.060 - Minimum lot area per dwelling unit.

Except as otherwise provided in Chapter 19.58 of this title, there shall be a minimum of one thousand five hundred (1,500) net square feet of lot area per dwelling unit in the R-3 district.

(Prior code § 7040.06)

19.22.070 - Yards and setbacks.

Yard and setback requirements in the R-3 district are as follows:

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.

Forty-five (45) feet from the legal centerline of any existing or proposed public or private local street or access easement;

2.

Sixty (60) feet from the legal centerline of any existing or proposed secondary highway;

Seventy (70) feet from the legal centerline of any existing or proposed major highway.

In no case shall the front-yard minimum setback be less than fifteen (15) 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 fifteen (15) 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 § 71, 1988; Prior code § 7040.07)

The following height limits apply in the R-3 district:

A.

Buildings shall not exceed four (4) stories or forty-five (45) feet.

B.

Detached accessory structures shall not exceed three (3) stories or forty-five (45) feet.

C.

Radio and television antennas, communication towers, chimneys, and other similar structures shall not exceed ninety (90) feet.

D.

Structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Prior code § 7040.08)

(Ord. No. G-8226, § 29, 11-8-11)

19.22.090 - Minimum distance between structures.

Requirements for minimum distance between structures in the R-3 district are as follows:

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.

(Prior code § 7040.09)

19.22.100 - Parking.

Off-street parking in the R-3 district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7040.10)

19.22.110 - Signs.

The following types of signs are permitted in the R-3 district in accordance with the requirements of Chapter 19.84 of this title:

A.

Apartment or bed and breakfast identification signs, not exceeding thirty-six (36) square feet;

B.

Temporary real estate signs advertising the property for sale or rent, not to exceed eight (8) square feet, excluding the area of any vertical and/or horizontal support members;

C.

Temporary subdivision signs;

D.

Permanent subdivision signs;

E.

Temporary construction signs;

F.

Temporary political, religious and civic campaign signs;

G.

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

(Ord. G-6077 § 95, 1994; Ord. G-4832 § 72, 1988: Prior code § 7040.11)

Landscaping in the R-3 district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7040.12)

19.22.130 - Special review procedures and development standards.

The following special review procedures and development standards apply in the R-3 district:

A.

All development; except for one (1) single-family dwelling, in the R-3 district shall comply with the minimum standards set out in Chapter 19.80 of this title.

B.

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 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.

C.

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;

6.

Upon sale of all lots within the residential tract, the site shall be converted to residential use.

D.

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:

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.

E.

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, nonprofit 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 Kern County Planning and Community Development 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.

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 Sections 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.

F.

Development in the R-3 district shall also comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6331 § 9, 1996; Ord. G-6077 § 97, 1994; Ord. G-5966 § 39, 1993; Ord. G-5803 § 24, 1992; Ord. G- 4832 § 73, 1988; Prior code § 7040.13)

(Ord. No. G-8226, §§ 30, 31, 11-8-11)

Chapter 19.26 - MOBILEHOME PARK (MP) DISTRICT

The sole purpose of the Mobilehome Park (MP) district is to designate areas for medium-density mobilehome living areas that are, or will be, subject to the California Mobilehome Parks Act, as set forth in Section 18200 et seq. of the California Health and Safety Code, and associated administrative regulations as set forth in Title 25, California Code of Regulations. Uses are limited to mobilehome parks with spaces available for rent, mobilehomes within a mobilehome park available for rent, accessory uses, and recreational vehicle parks. Recreational vehicle parks are subject to Section 18860 et seq. of the California Health and Safety Code and associated administrative regulations as set forth in Title 25, California Code of Regulations. Maximum density for a mobilehome park is regulated by the applicable general plan land use category. Recreational vehicle parks are not subject to general plan residential density requirements and may additionally be located outside of licensed mobilehome parks, where authorized as a conditionally permitted use by the underlying zoning district classification. Foundations for mobilehomes in mobilehome parks are permitted but not required.

(Prior code § 7050.01)

(Ord. No. G-8226, § 32, 11-8-11)

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 chapter are permitted in the MP district:

A.

Residential uses:

— Manager, caretaker or proprietor quarters

— Mobilehome

— Mobilehome park, including accessory laun-dry and storage facilities;

B.

Recreation, entertainment, and tourist facilities:

— Community recreational facilities

— Recreational vehicle park, provided that the mobilehome park site abuts and gains entrance from a major or secondary (collector) highway as designated on the Kern County circulation plan, and further provided that the area of such recreational vehicle park does not exceed forty percent (40%) of the combined area of the mobilehome park and recreational vehicle park;

C.

Miscellaneous uses:

— Community garden pursuant to Section 19.26.190 of this chapter

— —Day-care center for on-site care of children

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

— Garage or yard sales pursuant to Section 19.26.180 of this chapter

— Home occupation pursuant to Chapter 19.94

— 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

— Water system, small

(Ord. G-7482 § 36, 2007; Ord. G-6412 § 26, 1997; Ord. G-6077 § 100, 1994: Ord. G-4832 § 79, 1988; prior code § 7050.02)

(Ord. No. G-8226, § 33, 11-8-11)

19.26.030 - Uses permitted with a conditional use permit.

The following uses are permitted in the MP District with a conditional use permit:

A.

Recreation, Entertainment, and Tourist Facilities.

• Recreational vehicle park, except as permitted by subsection 19.26.020(B);

B.

Miscellaneous Uses.

• Drainage sump

• Water system, large

• Water treatment plant;

C.

Resource Extraction and Energy Development Uses.

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

(Prior code § 7050.03; Ord. G-4832 § 80, 1988; Ord. G-6077 § 101, 1994; Ord. G-6412 § 28, 1997; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 7, 3-8-21)

All other uses not expressly permitted by Sections 19.26.020 and 19.26.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the MP district.

(Ord. G-7189 § 31, 2005: Ord. G-6864 § 27, 2002: prior code § 7050.04)

There is no minimum lot size requirement in the MP zone.

(Prior code § 7050.05)

There is no requirement for minimum lot area per dwelling in the MP district, except that overall project density shall comply with the density and intensity standards of the applicable general plan land use category.

(Prior code § 7050.06)

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

A.

Front Yard. The front-yard minimum setback for mobilehome parks measured from the exterior boundary of the park shall be as follows:

1.

Thirty-five (35) feet from the legal centerline of any existing or proposed public or private local street;

2.

Fifty (50) feet from the legal centerline of any existing or proposed secondary highway;

3.

Sixty (60) feet from the legal centerline of any existing or proposed major highway.

In no case shall the front-yard minimum setback be less than five (5) feet from the right-of-way established by any official or specific plan line, street or access easement.

B.

Side Yard. None, except that on the street side of a corner lot, the mobilehome park shall be set back in accordance with the front-yard setback requirements.

C.

Rear Yard. None, except that in the case of through lots, the designated rear yard shall be in accordance with the front-yard setback requirements.

(Ord. G-5966 § 41, 1993; Ord. G-4832 § 81, 1988; prior code § 7050.07)

19.26.080 - Height limits.

The following height limits apply in the MP district:

A.

Mobilehomes and accessory structures thereto shall not exceed two (2) stories or twenty-five (25) feet.

B.

Community recreational facilities 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.

(Prior code § 7050.08)

(Ord. No. G-8226, § 34, 11-8-11)

Minimum distance between structures in the MP district shall be as follows:

A.

The minimum distance between mobilehomes within a mobilehome park shall be as follows:

1.

Ten (10) feet from side to side,

2.

Eight (8) feet from side to rear,

3.

Six (6) feet from rear to rear;

B.

There shall be a minimum distance of ten (10) feet between each building other than a mobilehome or mobilehome accessory structures;

C.

There shall be a minimum distance of ten (10) feet between a mobilehome and a building, excepting mobilehome accessory structures.

(Prior code § 7050.09)

19.26.100 - Parking.

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

(Prior code § 7050.10)

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

A.

Temporary real estate signs advertising the mobilehome for sale or rent, not to exceed six (6) square feet each, excluding the area of any vertical and/or horizontal support members;

B.

Permanent subdivision identification signs;

C.

Temporary construction signs;

D.

Temporary political, religious or civic campaign signs;

E.

One (1) pole sign pursuant to Section 19.84.030.

(Ord. G-5346 § 45, 1990: prior code § 7050.11)

19.26.120 - Landscaping.

Landscaping in the MP district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7050.12)

19.26.130 - Site development plan review—Required.

No use shall be established, no development shall occur, and no building or grading permit shall be issued for any use or development in the MP district until an application for site development plan review has been submitted to and approved by the planning director in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title.

(Ord. G-6077 § 102, 1994: prior code § 7050.13 (part))

19.26.140 - Site development plan review—Application—Contents.

An application for site development plan review shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

A site development plan, drawn at the scale specified by the planning director, which includes the following information:

1.

Topography and proposed grading,

2.

Proposed private access drives and parking areas,

3.

Location of all mobilehome pads,

4.

Location of all permanent buildings and structures,

5.

Park, open space, and recreation areas,

6.

Proposed landscaping,

7.

North arrow;

F.

Elevations of all permanent common buildings;

G.

Phasing or development schedule;

H.

A detailed description of facility improvements, including:

1.

Curb, gutter, sidewalks, and street widths,

2.

Water supply system,

Sewage collection and disposal system,

4.

Public utilities,

5.

Fencing;

I.

Any reports, approvals or requirements specified as mitigation measures by any environmental document for implementation of this district for specific parcels and a plan for compliance with the recommendations contained in such reports.

(Ord. G-6077 § 103, 1994; prior code § 7050.13 (A))

Development within the MP district shall comply with the following minimum standards:

A.

Consistency With General Plan and/or Specific Plans. All development shall be consistent with the goals and policies of the county general plan, with the uses and density/intensity standards of the applicable general plan land use category, and with any applicable specific plan and its goals, policies and standards.

B.

Access, Access Drives and Parking.

1.

All access drives within a mobilehome park shall be not less than twenty-five (25) feet in width.

2.

Guest parking shall be distributed throughout the mobilehome park as required by Chapter 19.82 of this title.

3.

All vehicular parking areas and drives shall be surfaced and graded in accordance with the requirements for local streets as contained in the county subdivision ordinance.

4.

All mobilehome spaces shall have frontage on internal private drives. No mobilehome space shall have direct access to a public street or public alley.

5.

All mobilehome park sites shall have access from an abutting improved and dedicated county street or highway.

C.

Public Street and Highway Dedications and Improvements.

1.

Street and highway dedications adjacent to mobilehome parks may be required by the planning director in accordance with the following standards:

a.

If the park is adjacent to a major high-way, as shown on the Kern County circulation plan, the owner shall dedicate or make an irrevocable offer of dedication of all property lying within fifty-five (55) feet of the centerline of such highway for public highway purposes, at no cost to the county.

b.

If the park is adjacent to a secondary highway, as shown on the Kern County circulation plan, the owner shall dedicate or make an irrevocable offer of dedication of all property lying within forty-five (45) feet of the centerline of such highway for public highway purposes, at no cost to the county.

c.

If the park lies adjacent to the projected alignment of a planned local street which is necessary for circulation within the general area or neighborhood, the owner shall dedicate or make an irrevocable offer of dedication of all that property lying within thirty (30) feet of the centerline of such street for public street purposes, at no cost to the county.

d.

If the park is adjacent to an adopted specific plan or official plan line, the owner shall dedicate or make an irrevocable offer of dedication of all property lying within the specified right-of-way line for public highway purposes, at no cost to the county.

2.

Improvements may be required by the planning director, at no cost to the county, in accordance with the following standards:

a.

All developments within Type A improvement areas (see Appendix) shall provide road or street improvements to Type A subdivision standards. Developments in all other areas shall provide road or street improvements to Type B subdivision standards, unless Type A subdivision standards are required by any adopted specific plan in which the development is proposed, in which case Type A improvements shall be

required. If the project site abuts a state highway, road improvements shall be provided as required by the California Department of Transportation.

3.

Required street and highway improvements shall include any necessary tie to existing pavement and shall be under permit of the county or the State Division of Highways, as appropriate. Existing pavement shall be saw cut at match point.

D.

Recreational Areas and Facilities.

1.

If a mobilehome park contains ten (10) or more mobilehome spaces, or if a mobilehome park combined with a recreational vehicle park as a secondary use contains a combination of ten (10) or more mobilehome spaces and recreational vehicle spaces, an open area of land devoted to and landscaped for recreational use shall be provided within the park.

2.

Such recreational area shall be no less than five thousand (5,000) square feet, plus an additional one hundred (100) square feet for each space in excess of twenty-five (25) spaces.

3.

Required recreational areas may be divided into more than one (1) location, provided no single location contains less than one thousand (1,000) square feet.

4.

No building or mobilehome shall occupy a required recreational area, excepting buildings and structures necessary or used and devoted to recreational uses, such as recreation buildings, swimming pools, swimming pool accessory buildings, saunas, playgrounds with or without equipment, picnic areas, or other improved open space areas.

5.

No required front yard, side yard or rear yard of the park, or any mobilehome space, recreational vehicle space or storage area, may be counted toward the requirement for recreational space.

6.

The required recreational space shall be accessible to all occupants of the park and shall not be used for any other purpose than recreational use of the occupants of the park, except that such space may be used for any subsurface sewage effluent absorption facilities where approved by the county health department.

E.

Enclosures.

1.

Each mobilehome park shall be completely enclosed within a screening fence, hedge, or combination thereof, subject to the approval of the planning director as to design and materials.

2.

Such enclosure may have driveway or pedestrian way openings, subject to approval by the planning director.

3.

Within any required front yard, a required enclosure shall be four (4) feet in height, and shall be located a minimum of five (5) feet from the edge of the adjacent road right-of-way. The director may authorize such an enclosure at a height of six (6) feet where it is determined that sight-distance hazards will not be created.

4.

Within any other portion of the park, a required enclosure shall be six (6) feet in height, and shall be located a minimum of five (5) feet from the edge of the adjacent road right-of-way except that, where adjacent to a street-side yard, the required enclosure shall be located a minimum of ten (10) feet from the edge of the adjacent road right-of-way.

5.

When deemed necessary by the planning director, in order to maintain standards compatible with existing development of adjacent properties, specific types of fences may be required to be constructed.

F.

Utility Installation.

1.

All public utility transmission lines located within the park shall be placed underground.

2.

Utility connections to each mobilehome space shall be placed underground.

G.

Drainage.

1.

A drainage system which meets the requirements of the Kern County development standards shall be installed prior to occupancy of the park and shall be continuously maintained in accordance with a plan approved by the planning director.

The plan shall include, but is not limited to, the following provisions:

a.

All drainage originating on the park site shall be contained on the same site, unless a plan for acceptance of such drainage to off-site sumps has been approved by the Kern County planning department.

b.

The method for transporting off-site drainage through a mobilehome park shall meet the criteria of the Kern County flood damage prevention ordinance.

c.

In the event that any drainage sump area located within the park has a water holding capacity of more than eighteen (18) inches in depth, the area shall be completely enclosed within a chain link fence, six (6) feet in height with vertical redwood slats.

H.

Water Distribution and Sewage Disposal Systems.

1.

A water distribution system shall be installed prior to occupancy of the park and shall be continuously maintained, in accordance with a plan approved by the county health department and the county fire department.

2.

A sewage disposal system shall be installed prior to occupancy of the park and shall be continuously maintained, in accordance with a plan approved by the county health department and the Regional Water Quality Control Board.

(Ord. G-6191 § 21, 1995; Ord. G-6077 §§ 105—107, 1994; Ord. G-5966 § 42, 1993; Ord. G-5346 § 46, 1990; Ord. G-4993 §§ 17—21, 1989; Prior code § 7050.13 (B))

Thirty (30) days from the effective date of the ordinance from which this chapter derives, the approval of any mobilehome park under this chapter is conditioned upon the payment of any fees or the dedication of any land required by standards established under the Kern County school facilities ordinance (Chapter 17.52 of this code) which may be in effect with respect to the school district or any attendance area thereof in which such mobilehome park is located at the time final approval under this chapter is issued. Payment of any fees or the dedication of any land so required shall be completed by the owner of any such mobilehome park prior to issuance of a permit to construct, reconstruct, expand, or operate such mobilehome park as specified in the approval, except as otherwise authorized by the applicable school district(s).

(Ord. G-6077 § 109, 1994: Prior code § 7050.13 (C))

19.26.170 - State permit requirements.

The mobilehome park operator shall secure necessary building permits and an operating license from the state of California.

(Prior code § 7050.13 (D))

19.26.180 - Garage or yard sales—Standards.

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

A.

Sales last no longer than three (3) days;

B.

Sales are held no more than twice yearly;

C.

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.

D.

No goods purchased for resale may be offered for sale;

E.

No consignment goods may be offered for sale;

F.

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

G.

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

H.

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

I.

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

(Prior code § 7050.13 (E))

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, nonprofit 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 Kern County Planning and Community Development 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.

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 Sections

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.

(Ord. No. G-8226, § 35, 11-8-11)

Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Prior code § 7050.13 (F))

(Ord. No. G-8226, § 36, 11-8-11)

Chapter 19.28 - COMMERCIAL OFFICE (CO) DISTRICT

The purpose of the Commercial Office (CO) district is to designate areas suitable for business and professional offices. The CO district may serve as a buffer between retail commercial and residential areas. The CO district may also be combined with the Cluster (CL) combining district to achieve innovative, creative office or commercial development. Uses in the CD district are limited to low-intensity commercial activities and generally higher-density residential developments.

(Prior code § 7055.01)

19.28.020 - Permitted uses.

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 CO district in accordance with the standards and procedures set out in Chapter 19.80 of this title:

A.

Residential Uses.

— Dwelling units located entirely above the ground floor of a commercial building as specified in Section 19.28.130(C)

— Manager, caretaker or proprietor quarters;

B.

Commercial Uses.

Offices:

— Business or professional

— Financial institution, including bank, savings and loan or credit union

• Real estate

— Research and development,

2.

General retail sales:

— Art gallery,

Services:

• Artist studio

• Barber or beauty shop

• Chiropractic or massage therapy

• Clinic, medical or physical therapy, out-patient only

• Interior decorator, provided there is no on-site sale of merchandise

• Laboratory, medical, dental, optical or biological

— Packaging and mailing services

• Photography studio

• Telegraph

• Ticket agency

• Travel agency;

C.

Utility and Communications Facilities.

— Transmission lines and supporting towers, poles, pipelines 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;

D.

Institutional Uses.

• Church

• Community or senior citizens center

— Government office or building for administrative purposes

• Library

• Museum, indoor only;

E.

Educational Institutions and Schools.

1.

General:

• Preschool

• Elementary school

• Junior high school

• Senior high school,

Specialized schools:

— Art, craft, or music school

— Business or trade school, provided that all instruction is conducted within a building and that there is no outside storage of materials or supplies associated with the school

— Dance school

— Driving school

— Martial arts school

— Swim school;

F.

Resource Extraction and Energy Development Uses.

— 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;

G.

Miscellaneous Uses.

— Commercial coach, temporary, not exceeding six (6) months

— Community garden pursuant to Section 19.28.130 of this chapter

— Construction trailer, temporary, during construction activity only

— Day-care center, without extended overnight services

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

— Studio, radio, television, or broadcasting

— Water storage or groundwater recharge facility

• Water system, small or large.

(Ord. G-7482 § 38, 2007; Ord. G-6968 § 20, 2003; Ord. G-6551 §§ 32, 33, 1998; Ord. G-6412 § 29, 1997; Ord. G-6077 §§ 110, 111, 1994; Ord. G-5966 § 44, 1993; Ord. G-4832 §§ 82, 83, 1988; prior code § 7055.02)

(Ord. No. G-8226, § 37, 11-8-11)

19.28.030 - 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 CO district in accordance with the standards set out in Chapter 19.80 of this title and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

• Apartment

• Bed and breakfast inn

• Boarding or rooming house

• Community care facility

• Condominium

• Duplex

• Fraternity or sorority house

• Mobilehome

• Quadruplex

• Rest home

• Retirement home

• Residential accessory structures

• Residential hotel

• Single-family dwelling

• Townhouse

• Triplex;

B.

Recreation, Entertainment and Tourist Facilities.

• Circus or carnival, temporary

• Health club, indoor only

• Park or playground

• Swimming pool, public, indoor only

— Tennis club, indoor only;

C.

Commercial Uses.

1.

Eating and drinking establishments:

— Restaurant, cafe, or coffee shop,

Services:

— Ambulance;

D.

Transportation Facilities.

• Auto parking garage or lot

• Heliport;

E.

Utility and Communications Facilities.

• Radio, television, microwave, or commercial communications transmitter, receiver or translator

• Utility substation;

F.

Institutional Uses.

• Cemetery, mausoleum, columbarium or mortuary

• Charitable or public service organization

• Club or lodge

• Convalescent hospital

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

• Fire or police station

• Hospital

— Labor union hall

• Post office

• Public agency or utility buildings and facilities

• Rehabilitation facilities

• Sanitarium;

G.

Waste Facilities.

• Community septic disposal system

• Sewage treatment plant

• Transfer station, small volume;

H.

Resource Extraction and Energy Development Uses.

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

— Wind-driven electrical generators, commercial or domestic;

I.

Miscellaneous Uses.

— Commercial coach, exceeding six (6) months

• Day care center, with extended overnight services

• Drainage sump

• Flood control facilities

• Water treatment plant.

(Ord. G-7482 § 40, 2007; Ord. G-6968 § 22, 2003; Ord. G-6077 §§ 113, 114, 1994; Ord. G-5966 § 46, 1993: Ord. G-5684 §§ 41, 42, 1991; Ord. G-4993 §§ 22, 23, 1989; Ord. G-4832 §§ 84—86, 1988; prior code § 7055.03)

All other uses not permitted by Sections 19.28.020 and 19.28.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the CO district.

(Ord. G-7189 § 32, 2005: prior code § 7055.04)

19.28.050 - Minimum lot size.

Except where otherwise provided in Chapter 19.58 of this title, no lot created within the CO district shall contain less than seven thousand five hundred (7,500) net square feet, 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 § 116, 1994: Prior code § 7055.05)

There shall be a minimum of one thousand five hundred (1,500) square feet of lot area per dwelling unit in the CO district when dwellings are permitted with a conditional use permit.

(Prior code § 7055.06)

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

A.

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

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street and access easement;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. There shall be a rear yard of not less than twenty (20) feet, except that no rear yard shall be required where a public alley exists adjacent to the rear property line. The planning director may reduce rear yard requirements in accordance with the Kern County fire code if written approval is obtained from the Kern County fire chief.

D.

Yards and Setbacks for Residential Development. Yards and setbacks for residential developments shall be the same as those specified in Section 19.22.070 of this title. For developments containing both

commercial and residential uses within the same building, yards and setbacks shall be as specified in subsections (A), (B) and (C) of Section 19.28.070 of this chapter.

E.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 35, 1998: Ord. G-6077 § 117, 1994; Ord. G-4832 §§ 87, 88, 1988; Prior code § 7055.07)

19.28.080 - Height limits.

The following height limits apply in the CO district:

A.

Buildings shall not exceed four (4) stories or forty-five (45) feet.

B.

Detached accessory structures shall not exceed three (3) stories or forty-five (45) feet.

C.

Radio and television antennas, communication towers, chimneys, and other similar structures shall not exceed ninety (90) feet.

D.

Structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Prior code § 7055.08)

(Ord. No. G-8226, § 38, 11-8-11)

Minimum distance between structures in the CO district shall be as follows:

A.

None required for nonresidential buildings;

B.

There shall be a minimum distance of ten (10) feet between residential buildings;

C.

There shall be a minimum distance of six (6) feet between a residential building and an accessory building or between accessory buildings.

(Prior code § 7055.09)

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

(Prior code § 7055.10)

19.28.110 - Signs.

A.

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

1.

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

2.

Temporary subdivision signs;

3.

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

4.

Temporary construction signs;

5.

Temporary political, religious or civic campaign signs;

6.

Institutional identification signs;

7.

Signs attached to buildings (on-site only);

8.

Monument signs, not to exceed twenty-four (24) square feet in area each (on site only).

(Ord. G-6077 § 119, 1994; Ord. G-5684 § 43, 1991: Prior code § 7055.11)

Landscaping in the CO district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7055.12)

19.28.130 - Special review procedures and development standards.

A.

All development in the CO district shall comply with the minimum requirements set out in Chapter 19.80 of this title.

B.

Development in the CO district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

C.

Residential development shall be subject to the High-density Residential (R-3) district requirements as specified in Chapter 19.22 of this title.

D.

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, nonprofit 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 Kern County Planning and Community Development 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.

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 Sections 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.

(Ord. G-4832 § 89, 1988; Prior code § 7055.13)

(Ord. No. G-8226, § 39, 11-8-11)

Chapter 19.30 - NEIGHBORHOOD COMMERCIAL (C-1) DISTRICT

The purpose of the Neighborhood Commercial (C-1) district is to designate areas for low-intensity commercial activities oriented to serving nearby residential areas. The C-1 district may also be combined with the Cluster (CL) combining district to achieve innovative, creative office or commercial developments. Uses in the C-1 district typically include small retail, service-oriented commercial activities, including small shopping centers. The C-1 district generally will be located on major or secondary highways.

(Prior code § 7060.01)

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 C-1 district in accordance with standards and procedures set out in Chapter 19.80 of this title:

A.

Residential uses:

— Bed and breakfast inn

— Dwelling units located entirely above the ground floor of a commercial building as specified in Section 19.30.130(C)

— Manager, caretaker or proprietor quarters

— Residential facility, serving twelve (12) or fewer persons;

B.

Recreation, entertainment and tourist facilities:

— Health club

— Pool or billiard parlor

— Tennis or swim club, indoor only

— Video games arcade;

C.

Commercial Uses.

1.

Offices:

• Business or professional

• Financial institution, including bank, savings and loan or credit union

• Real estate

• Research and development,

General retail sales:

• Antiques, with no outside storage

• Appliances, including service and repair; provided, there is no outside storage

• Art gallery

• Auto parts and accessories

• Bicycle, including rental and service

• Bookstore, general

• Christmas tree, temporary

• Clothing and apparel

• Drugs and pharmaceuticals

• Fireworks stand, temporary

• Florist

• Gift and card

• Hardware, general, excluding lumber sales and outside storage of materials

• Ice vending machine

• Lawnmower, including repair, when located entirely within a building

• Locksmith or key and lock shop

• Music stores, excluding instrument repair

• Newspaper or magazine stand

— Shoes

• Stationery and office supply

• Tobacco

• Variety

• Video and audio tape sales and rentals,

3.

Food and beverage retail sales:

• Bakery, small

• Convenience market

• Drive-in food market or dairy

• Food store

• Specialized, including meat, vegetables, health foods or candy,

Eating and drinking establishments:

• Bar, tavern or cocktail lounge

• Ice cream parlor

• Restaurant, cafe or coffee shop

• Restaurant, fast-food,

5.

Services:

• Artist studio

• Auto service station, small

• Barber or beauty shop

• Bath house, including sauna, spa, Turkish, steam, or tanning

• Chiropractic or massage therapy

• Clinic, medical or physical therapy, out-patient only

— Interior decorator

• Laboratory, medical, dental, optical or biological

• Laundromat, self-service

• Laundry, drop off and pick up only

• Packaging and mailing services

• Pet grooming

• Photography studio

• Shoe repair

• Shoe-shine stand

• Smog inspection station

• Tailor or dressmaker

• Tanning salons

• Taxidermist

• Telegraph

• Ticket agency

• Travel agency

• Veterinary, household pets only; provided, there are no outside kennels;

D.

Utility and Communications Facilities.

— Transmission lines and supporting towers, poles, pipelines 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

— Utility substation;

E.

Institutional Uses.

— Charitable or public service organization, office only

• Church

— Community or senior citizens center

— Government office or building

• Library

• Museum, indoor only

• Post office

— Public agency or utility buildings or facilities;

F.

Educational Institutions and Schools.

1.

General:

— Preschool

— Elementary school

— Junior high school

— Senior high school,

Specialized schools:

— Art, craft, or music school

— Business or trade school, provided that all instruction is conducted within a building and that there is no outside storage of materials or supplies associated with the school

— Dance school

— Driving school

— Martial arts school

— Swim school;

G.

Resource Extraction and Energy Development Uses.

— 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;

H.

Miscellaneous Uses.

— Commercial coach, temporary, not exceeding six (6) months

— Community garden pursuant to Section 19.30.130 of this chapter

— Construction trailer, temporary, during construction activities only

— Day-care center, without extended overnight services

— Drainage sump, when accessory to a permitted use

— Studio, radio, television, broadcasting

• Water storage or groundwater recharge facilities

• Water system, small or large.

(Ord. G-7482 § 42, 2007; Ord. G-6968 § 24, 2003; Ord. G-6641 § 11, 1999; Ord. G-6551 §§ 36, 37, 1998; Ord. G-6191 § 23, 1995; Ord. G-6077 §§ 121—125, 1994; Ord. G-5966 §§ 48, 49, 50, 1993; Ord. G-4993 § 24, 1989; Ord. G-4832 §§ 90, 91, 1988; prior code § 7060.02)

(Ord. No. G-8226, § 40, 11-8-11)

19.30.030 - 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 C-1 district in accordance with standards set out in Chapter 19.80 of this title and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

• Apartment

— Boarding or rooming house

• Community care facility

• Condominium

• Duplex

• Emergency shelter

• Fraternity or sorority house

• Mobilehome

— Quadruplex

— Rest home

• Retirement home

• Residential accessory structures

• Residential hotel

— Single-family dwelling

— Townhouse

— Triplex;

B.

Recreation, Entertainment and Tourist Facilities.

— Card room

— Circus or carnival, temporary

— Miniature golf course

— Movie theater, drive-in

— Movie theater, walk-in

— Park or playground

— Swimming pool, public, outdoor only

— Tennis club, outdoor only

— Theater, live

— Trade fairs and exhibitions, temporary, fourteen (14) day maximum, excluding flea markets and swap meets;

C.

Commercial Uses.

General Retail Sales:

— Nursery, plant

Services:

— Ambulance

• Auto wash

— Auto wash, self-service

— Mini-warehouse, for storage of personal household goods, provided there is no outside storage; excludes cargo containers and other temporary storage structures

— Printing, lithography or blue-printing

• Tattoo parlor and body piercing

— Veterinary, including veterinary hospital;

D.

Transportation Facilities.

— Auto parking garage or lot

— Heliport;

E.

Utility and Communications Facilities.

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

F.

Institutional Uses.

— Cemetery, mausoleum, columbarium, or mortuary

— Charitable or public service organization

— Club or lodge

• Convalescent hospital

— Crematory, in conjunction with a cemetery, mausoleum, columbarium, or mortuary

— Fire or police station

— Hospital

• Labor union hall

• Museum, with outdoor exhibits

— Rehabilitation facilities

— Sanitarium;

G.

Waste Facilities.

• Community septic disposal system

• Sewage treatment plant

— Transfer station, small volume;

H.

Resource Extraction and Energy Development Uses.

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

— Wind-driven electrical generators, commercial or domestic;

I.

Miscellaneous Uses.

— Commercial coach, exceeding six months

• Day care center, with extended overnight services

— Drainage sump

• Flood control facilities

• Water treatment plant.

(Ord. G-7482 § 44, 2007; Ord. G-6968 § 26, 2003; Ord. G-6967 § 15, 2003; Ord. G-6077 §§ 127—130, 1994; Ord. G-5966 §§ 52, 53, 54, 1993; Ord. G-5684 §§ 44, 45, 1991; Ord. G-4993 §§ 25—27, 1989; Ord. G-4832 §§ 92—95, 1988; prior code § 7060.03)

(Ord. No. G-7821, § 44, 1-27-09; Ord. No. G-8226, § 41, 11-8-11)

19.30.040 - Prohibited uses.

All other uses not permitted by Sections 19.30.020 and 19.30.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the C-1 district.

(G-7189 § 33, 2005; prior code § 7060.04)

19.30.050 - Minimum lot size.

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the C-1 district shall contain less than seven thousand five hundred (7,500) net square feet, 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 § 132, 1994: prior code § 7060.05)

There shall be a minimum of one thousand five hundred (1,500) square feet of lot area per dwelling unit in the C-1 district when dwellings are permitted with a conditional use permit.

(Prior code § 7060.06)

The following yard and setback requirements apply in the C-1 district:

A.

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

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street and access easements;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. There shall be a rear yard of not less than twenty (20) feet, except that no rear yard shall be required in the event that a public alley exists. The planning director may reduce rear yard requirements in accordance with the Kern County fire code if written approval is obtained from the Kern County fire chief.

D.

Yards and Setbacks for Residential Developments. Yards and setbacks for residential developments shall be the same as those specified in Section 19.22.070 of this title. For all developments containing both commercial and residential uses within the same building, yards and setbacks shall be as specified in subsections (A), (B) and (C) of Section 19.30.070 of this chapter.

E.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 39, 1998: Ord. G-6077 § 133, 1994; Ord. G-4832 §§ 96, 96, 1988; prior code § 7060.07)

19.30.080 - Height limits.

The following height limits apply in the C-1 district:

A.

Buildings shall not exceed four (4) stories or forty-five (45) feet.

B.

Detached accessory structures shall not exceed three (3) stories or forty-five (45) feet.

C.

Radio and television antennas, communication towers, chimneys, and other similar structures shall not exceed ninety (90) feet.

D.

Structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Prior code § 7060.08)

(Ord. No. G-8226, § 42, 11-8-11)

19.30.090 - Minimum distance between structures.

Minimum distance between structures in the C-1 district shall be as follows:

A.

None required for nonresidential buildings.

B.

There shall be a minimum distance of ten (10) feet between residential buildings.

C.

There shall be a minimum distance of six (6) feet between a residential building and an accessory building or between accessory buildings.

(Prior code § 7060.09)

Off-street parking in the C-1 district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7060.10)

19.30.110 - Signs.

A.

The following signs are permitted in the C-1 district in accordance with Chapter 19.84 of this title:

1.

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

2.

Temporary subdivision signs;

3.

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

4.

Temporary construction signs;

5.

Temporary political, religious or civic campaign signs;

6.

Institutional signs;

7.

Signs attached to buildings (on-site identification only);

8.

Monument signs, not to exceed forty-eight (48) square feet each (on-site identification only);

9.

Pole signs, not to exceed two hundred (200) square feet in area each (on-site identification only);

10.

Off-site advertising signs, when approved by conditional use permit.

(Ord. G-6077 § 135, 1994; Ord. G-5684 § 46, 1991: Prior code § 7060.01)

Landscaping in the C-1 district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7060.12)

19.30.130 - Special review procedures and development standards.

A.

All development in the C-1 district shall comply with the minimum standards set out in Chapter 19.80 of this title.

B.

Development in the C-1 district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

C.

Residential development shall be subject to the High-density Residential (R-3) district requirements as specified in Chapter 19.22 of this title.

D.

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, nonprofit 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 Kern County Planning and Community Development 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 Sections 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.

(Ord. G-4832 § 98, 1988; Prior code § 7060.13)

(Ord. No. G-8226, § 43, 11-8-11)

Chapter 19.32 - GENERAL COMMERCIAL (C-2) DISTRICT

The purpose of the General Commercial (C-2) district is to designate areas for the widest range of retail commercial activities, including regional shopping centers and heavy commercial uses. The C-2 district may also be combined with the Cluster (CL) combining district to achieve innovative, creative office or commercial development. The C-2 district should be located on major highways.

(Prior code § 7065.01)

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 accordance with the standards and procedures set out in Chapter 19.80 of this title:

A.

Residential uses:

— Bed and breakfast inn

— Community care facility

— Dwelling units located entirely above the ground floor of a commercial building as specified in Section 19.32.130(C)

— Emergency shelter

— Manager, caretaker or proprietor quarters

— Retirement or rest home

— Supportive or transitional housing;

B.

Recreation, entertainment, and tourist facilities:

— Batting cage

• Bingo parlor

• Bowling alley

• Circus or carnival, temporary, not to exceed four (4) days

• Dance hall, ballroom, or discotheque

• Golf driving range

• Health club

• Hotel or motel

• Miniature golf course

• Movie theater, walk-in

• Pool or billiard parlor

• Skateboard arenas, enclosed

• Skating rink, roller or ice

• Tennis or swim club

• Theater, live

• Video games arcade;

C.

Commercial Uses.

1.

Offices:

• Business or professional

• Financial, including bank, savings and loan, or credit union

• Real estate

• Research and development,

2.

General Retail Sales:

• Antiques, provided there is no outside display

• Appliances, including service and repair, provided there is no outside storage

— Art gallery

• Auto leasing

• Auto, new

• Auto parts and accessories

• Auto tire, including service, pursuant to Subsection 19.32.130(D)

• Auto, used

— Bicycle, including rental and service

— Boat, including service and parts when incidental to sales

— Bookstore, general

• Christmas tree, temporary

— Clothing and apparel

— Computer, including service and repair

— Department store

— Drugs and pharmaceuticals

— Electric appliances, including service and repair

— Electric equipment, including service and repair

— Feed, provided there is no outside storage

— Fireworks stand, temporary

— Floor covering, drapery, or upholstery

— Florist

— Fruit stand

— Furniture

— Gardening and landscaping supply, provided there is no outside storage

— Gift and card

— Gun, including repair

— Hardware, general, including lumber sales, provided areas devoted to outside storage of materials are screened from public view

• Hobby supplies

• Home or office furnishings

• Ice vending machine

• Jewelry and watches

• Lapidary

• Lawnmower, including repair, when located entirely within a building

• Leather goods and luggage

• Locksmith or key and lock shop

• Military surplus, provided there is no outside storage

• Mobilehome, including rental and service

• Motorcycles, including service and repair

• Musical instruments (including repair)

• Newspaper or magazine stand

• Nursery, plant

• Office machines and equipment

• Paint and wallpaper

• Pawn shop

• Pet store

• Photographic supply or camera

• Plumbing supply, provided there is no outside storage

— Pottery

• Recreational vehicles, including service

— Shoes

• Sporting goods and athletic equipment

• Stationery and office supply

— Tobacco

• Toys

• Truck, including rental

• Used clothing and household goods, provided there is no outside storage

• Variety

• Video and audio tape sales and rentals,

3.

Food and Beverage Retail Sales:

• Bakery

• Catering

• Convenience market

• Drive-in food market or dairy

• Farmers' market

• Food store

• Liquor store

• Specialized, including meat, vegetables, health foods, or candy,

4.

Eating and Drinking Establishments:

• Bar, tavern, or cocktail lounge

• Ice cream parlor

• Restaurant, cafe, or coffee shop

• Restaurant, fast-food,

Services:

• Ambulance

• Appliance repair

• Artist studio

• Auto body repair and painting

• Auto rental

— Auto service or repair

— Auto service station

• Auto wash

• Auto wash, self-service

— Barber or beauty shop

— Bath house, including sauna, spa, Turkish, steam, or tanning

— Carpet cleaning

— Chiropractic or massage therapy

— Clinic, medical or physical therapy, out-patient only

— Equipment, small, rental

— Furniture cleaning, refinishing, or upholstery

— Interior decorator

— Janitorial service

— Laboratory, medical, dental, optical, or biological

— Laboratory, testing, classifying, or experimental, not involving the use of explosives or hazardous materials

— Laundromat, self-service

— Laundry, drop off and pick up only

— Miniwarehouse, for storage of personal household goods, provided there is no outside storage; excludes cargo containers and other temporary storage structures

— Mortuary or funeral parlor

— Packaging and mailing services

— Pest control, administrative offices only

— Pet grooming

— Photography studio

— Picture framing

— Printing, lithography, or blueprinting

• Shoe repair

— Shoe-shine stand

• Smog inspection station

• Tailor or dressmaker

• Tanning salons

— Tattoo parlor and body piercing

— Taxidermist

• Telegraph

• Ticket agency

• Travel agency

— Truck fueling station, without repair facilities

— Veterinary, household pets only, provided there are no outside kennels

• Wedding chapel;

D.

Utility and Communications Facilities.

— Transmission lines and supporting towers, poles, pipelines 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

— Utility substation;

E.

Institutional Uses.

— Auditorium, public

— Charitable or public service organization

— Church

— Club or lodge

— Community or senior citizen's center

• Convalescent hospital

— Fire or police station

• Government office or building

— Hospital

• Labor union hall

• Library

• Museum, indoor only

— Public agency or utility buildings and facilities

— Post office

• Rehabilitation facilities

— Sanitarium;

F.

Educational Institutions and Schools.

General:

— Preschool

— Elementary school

• Junior high school

— Senior high school,

Specialized schools:

— Art, craft or music school

— Business or trade school, provided that all instruction is conducted within a building and that there is no outside storage of materials or supplies associated with the school

— Dance school

— Driving school

• Martial arts school

— Swim school;

G.

Resource Extraction and Energy Development Uses.

— 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;

H.

Miscellaneous Uses.

— Adult day-care

— Commercial coach, temporary, not exceeding six (6) months

— Community garden pursuant to Section 19.32.130 of this chapter

— Construction trailer, temporary, during construction activity only

— Day-care center, without extended overnight services

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

— Flea market or swap meet, wholly conducted within an enclosed building

— Revival, temporary, not to exceed fourteen (14) days

— Studio, radio, television, recording, or movie

— Water storage or groundwater recharge facilities

• Water system, small or large.

(Ord. G-7482 § 46, 2007; Ord. G-6968 § 28, 2003; Ord. G-6864 § 28, 2002; Ord. G-6641 § 13, 1999; Ord. G-6551 §§ 40—42, 1998; Ord. G-6412 § 31, 1997; Ord. G-6297 § 22, 1996; Ord. G-6191 §§ 25—27, 1995; Ord. 6174 § 2, 1995; Ord. G-6077 §§ 137, 138, 1994; Ord. G-5966 §§ 56, 57, 1993; Ord. G-5861 § 10, 1992; Ord. G-5803 § 25, 1992; Ord. G-5346 §§ 48, 49, 1990; Ord. G-4832 §§ 99—101, 1988; Prior code § 7065.02)

(Ord. No. G-7821, § 46, 1-27-09; Ord. No. G-8226, §§ 44, 45, 11-8-11)

19.32.030 - 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 accordance with the standards set out in Chapter 19.80 of this title and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

— Apartment

• Boarding or rooming house

• Fraternity or sorority house

• Mobilehome, maximum of two (2) per lot

— Residential accessory structures

— Residential hotel

— Single-family dwelling;

B.

Recreation, Entertainment and Tourist Facilities.

— Amusement park

— Card room

— Circus or carnival

— Equestrian establishment

— Movie theater, drive-in

— Park or playground

— Racetrack or test track, automobile, motorcycle or horse

— Recreational vehicle park

— Shooting range or gun club

— Skateboard arenas, unenclosed

— Sports arena, indoor

— Sports arena, outdoor

— Swimming pool, public

• Thermal pools and hot springs

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets

— Whitewater rafting launch or landing site;

C.

Commercial Uses.

1.

Services:

— Mini-warehouse, for storage of personal household goods and vehicles, including outside storage

— Veterinary, including veterinary hospital;

D.

Industrial Uses.

— Contractor's storage yard, when accessory and incidental to a contractor's business office and wholly enclosed within a solid screening fence as approved by the planning director

— Feed and wood

— Photographic processing plant or wholesale supply

— Recyclable materials, collection and storage, provided there is no more than three thousand (3,000) square feet of outside storage, and all compression and bailing operations are conducted wholly within an enclosed structure;

E.

Transportation Facilities.

— Airport, private

— Airport, public use

— Auto parking garage or lot

— Bus depot

— Heliport

— Taxi depot, including service and storage;

F.

Utility and Communications Facilities.

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

G.

Waste Facilities.

— Community septic disposal system

— Sewage treatment plant

• Transfer station, small volume

• Waste-to-energy facility;

H.

Resource Extraction and Energy Development Uses.

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

— Wind-driven electrical generators, commercial or domestic;

I.

Institutional Uses:

— Cemetery, mausoleum, or columbarium

• Community or regional correctional and similar involuntary detention facilities

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

• Museum, with outdoor exhibits

— Zoo;

J.

Educational Institutions and Schools.

— College or university;

K.

Miscellaneous Uses.

— Cargo containers, when accessory to a permitted use

— Commercial coach, exceeding six (6) months

— Day care center, with extended overnight services

— Drainage sump

— Flea market or swap meet, except within an enclosed building pursuant to Section 19.32.020(H) of this title

— Flood control facilities

— Water treatment plant.

(Ord. G-7482 § 48, 2007; Ord. G-6968 § 30, 2003; Ord. G-6967 § 17, 2003; Ord. G-6864 § 30, 2002; Ord. G-6641 § 15, 1999; Ord. G-6551 §§ 44—46, 1998; Ord. G-6412 § 33, 1997; Ord. G-6305 § 6, 1996; Ord. G- 6297 §§ 24, 25, 1996; Ord. G-6233 § 4, 1995; Ord. G-6191 § 29, 1995; Ord. G-6174 § 4, 1995; Ord. G-6077 §§ 140—143, 1994; Ord. G-5966 §§ 59, 60, 1993; Ord. G-5861 § 12, 1992; Ord. G-5803 § 27, 1992; Ord. G-5685 § 4, 1991; Ord. G-5684 §§ 47—49, 1991; Ord. G-5346 §§ 51—53, 1990; Ord. G-4993 §§ 28, 29, 1989; Ord. G-4832 §§ 102—104, 1988; prior code § 7065.03)

All other uses not permitted by Sections 19.32.020 and 19.32.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the C-2 district.

(Ord. G-7189 § 34, 2005; prior code § 7065.04)

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the C-2 district shall contain less than seven thousand five hundred (7,500) net square feet, 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 § 145, 1994: prior code § 7065.05)

19.32.060 - Minimum lot area per dwelling unit.

There shall be a minimum of one thousand five hundred (1,500) square feet of lot area per dwelling unit in the C-2 district when dwellings are permitted with a conditional use permit.

(Prior code § 7065.06)

19.32.070 - Yards and setbacks.

Yard and setback requirements in the C-2 district are as follows:

A.

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

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street and access easements;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. There shall be a rear yard of not less than twenty (20) feet, except that no rear yard shall be required in the event that a public alley exists. Rear yard requirements may be reduced in accordance with the Kern County fire code if written approval is obtained from the Kern County fire chief and planning director.

D.

Yards and Setbacks for Residential Developments. Yards and setbacks for residential developments shall be the same as those specified in Section 19.22.070 of this title. For all developments containing both commercial and residential uses within the same building, yards and setbacks shall be as specified in subsections (A), (B) and (C) of Section 19.32.070 of this chapter.

E.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 48, 1998: Ord. G-6077 § 146, 1994; Ord. G-4832 §§ 105, 106, 1988; prior code § 7065.07)

19.32.080 - Height limits.

The following height limits apply in the C-2 district:

A.

Buildings and structures shall not exceed six (6) stories or seventy-five (75) feet, unless the building is set back from each street, alley, and lot line at least one (1) foot for each three (3) feet of height above six (6) stories or seventy-five (75) feet.

B.

No building or structure shall exceed ten (10) stories or one hundred thirty-five (135) feet.

C.

Buildings and structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Ord. G-7189 § 35, 2005: prior code § 7065.08)

(Ord. No. G-8226, § 46, 11-8-11)

19.32.090 - Minimum distance between structures.

The minimum distance between structures in the C-2 district shall be as follows:

A.

None required for nonresidential buildings.

B.

There shall be a minimum distance of ten (10) feet between residential buildings.

C.

There shall be a minimum distance of six (6) feet between a residential building and an accessory building or between accessory buildings.

(Prior code § 7065.09)

19.32.100 - Parking.

Off-street parking in the C-2 district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7065.10)

19.32.110 - Signs.

A.

The following signs are permitted in the C-2 district in accordance with the requirements of Chapter 19.84 of this title:

1.

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

2.

Temporary subdivision signs;

3.

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

4.

Temporary construction signs;

Temporary political, religious or civic campaign signs;

Institutional signs;

7.

Signs attached to buildings;

8.

Monument signs, not to exceed forty-eight (48) square feet in area each;

9.

Pole signs, not to exceed two hundred forty (240) square feet in area each and not exceeding a height of thirty-five (35) feet;

10.

Off-site advertising signs, not exceeding a height of thirty-five (35) feet.

(Ord. G-6077 § 148, 1994: Ord. G-5966 § 62, 1993; Ord. G-5684 § 50, 1991; prior code § 7065.11)

19.32.120 - Landscaping.

Landscaping in the C-2 district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7065.12)

19.32.130 - Special review procedures and development standards.

A.

All development in the C-2 district shall comply with the minimum standards set out in Chapter 19.80 of this title.

B.

Development in the C-2 district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

C.

Residential development shall be subject to the High-density Residential (R-3) district requirements as specified in Chapter 19.22 of this title.

D.

Except as otherwise specified in this chapter, no outside storage shall be permitted except for company vehicles and items for retail sales, lease, or rental and which are clearly associated with an on-site business. This requirement shall not apply to those uses requiring a conditional use permit (Section 19.32.030), provided that outside storage was addressed as part of the permit application. Areas devoted to outside storage of tires shall be screened with a solid screening fence; fence design and materials shall be approved by the Director of the Kern County Planning and Community Development Department. Mounds or piles of tires shall not exceed the height of the screening fence.

E.

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, nonprofit 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 Kern County Planning and Community Development 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 Sections 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.

(Ord. G-6864 § 32, 2002; Ord. G-6077 § 149, 1994; Ord. G-5803 § 29, 1992; Ord. G-5346 § 55, 1990: Ord. G-4832 § 107, 1988; prior code § 7065.13)

(Ord. No. G-8226, § 47, 11-8-11)

Chapter 19.34 - HIGHWAY COMMERCIAL (CH) DISTRICT

19.34.010 - Purpose and application.

The purpose of the Highway Commercial (CH) district is to designate areas for uses and services normally associated with the traveling public. The CH district shall be located adjacent to or in close proximity to

major highways. The CH district may be combined with the Cluster (CL) combining district to achieve innovative, creative commercial development. The CH district is intended to promote a unified grouping of travel-oriented uses such as gas stations, restaurants and motels. It is also intended to permit limited urban type uses in rural areas adjacent to highways with a minimum of encroachment on surrounding agricultural activities.

(Prior code § 7070.01)

19.34.020 - Permitted uses.

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 CH district in accordance with the standards and procedures set out in Chapter 19.80 of this title:

A.

Residential Uses.

— Bed and breakfast inn

— Dwelling unit located entirely above the ground floor of a commercial building as specified in Section 19.34.130(C)

— Emergency shelter

— Manager, caretaker or proprietor quarters

— Supportive or transitional housing, including rehabilitation facilities;

B.

Recreation, Entertainment and Tourist Facilities.

— Health club

— Hotel or motel

— Movie theater, walk-in

• Tennis and swim club;

C.

Commercial Uses.

1.

Offices:

• Business and professional

— Real estate,

2.

General Retail Sales:

• Antiques, with no outside storage or displays

• Auto, new or used

• Auto tire, including service

• Bait and tackle shop

• Bicycle, including rental, service, and repair

• Boat sales

• Drugs and pharmaceuticals

• Fireworks stand, temporary

• Gift and card

• Gun sales, including repair, when accessory to a permitted use

• Ice vending machine

• Locksmith or key and lock shop

• Mobilehomes, including rental and service

• Motorcycles, including service and repair

• Photographic supply or camera

• Recreational vehicles, including service

• Ticket agency

• Variety

• Video and audio tape sales and rentals,

3.

Food and Beverage Retail Sales:

• Convenience market

• Drive-in food market or dairy

• Food store

• Liquor store

• Specialized, including meat, vegetables, health food, or candy,

4.

Eating and Drinking Establishments:

• Bar, tavern, or cocktail lounge

• Restaurant, cafe, or coffee shop

• Restaurant, fast-food,

Services:

• Ambulance

• Auto rental

• Auto service or repair

• Auto service station, large

• Auto service station, small

• Auto towing

• Auto wash

• Auto wash, self-service

• Barber or beauty shop

• Packaging and mailing services

• Shoe-shine stand

• Smog inspection station

• Tattoo parlor and body piercing

• Telegraph

• Travel agency

• Truck fueling station, without repair facilities;

D.

Transportation Facilities.

— Auto parking garage or lot;

E.

Institutional Uses.

— Church

— Fire or police station

— Public agency or utility buildings and facilities;

F.

Resource Extraction and Energy Development Uses.

— 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

— Wind-driven electrical generator with a rated capacity of no greater than fifteen (15) kilowatts for on-site consumption of the electricity, provided the system can be safely erected and maintained in view of surrounding circumstances and conditions;

G.

Utility and Communication Facility.

— Small wind energy system, pursuant to Section 19.08.415

— Transmission lines and supporting towers, poles, pipelines 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;

H.

Miscellaneous Uses.

— Commercial coach, temporary, not exceeding six (6) months

— Community garden pursuant to Section 19.34.130 of this chapter

— Construction trailer, temporary, during construction activity only

— Day-care center, without extended overnight services

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

• Water system, small or large.

(Ord. G-7482 § 50, 2007; Ord. G-6968 § 31, 2003; Ord. G-6641 § 17, 1999; Ord. G-6551 §§ 49, 50, 1998; Ord. G-6191 § 32, 1995; Ord. G-6077 §§ 151, 152, 1994; Ord. G-5966 § 63, 1993; Ord. G-5803 § 31, 1992; Ord. G-5684 §§ 51, 52, 1991; Ord. G-4832 § 108, 1988; prior code § 7070.02)

(Ord. No. G-7821, § 48, 1-27-09; Ord. No. G-8226, §§ 48, 49, 11-8-11)

19.34.030 - 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 CH district in accordance with the standards set out in Chapter 19.80 of this title and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

— Apartment

— Mobilehome

— Single-family dwelling;

B.

Recreation, Entertainment and Tourist Facilities.

— Amusement park

— Batting cage

— Campground

— Circus or carnival

— Golf course

— Miniature golf course

— Movie theater, drive-in

— Racetrack or test track, automobile, motorcycle or horse

• Recreational vehicle park

• Sports arena, indoor

• Sports arena, outdoor

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets

— Whitewater rafting launch or landing site;

C.

Commercial Uses.

1.

Food and beverage retail sales:

• Fruit stand, temporary,

2.

Services:

• Equipment, heavy, and truck or trailer rental

• Truck fueling station, with repairs;

D.

Transportation Facilities.

— Airport

• Bus depot

• Heliport

• Railroad station

• Taxi depot, including service and storage;

E.

Utility and Communications Facilities.

• Communications equipment building

• Radio, television, microwave or commercial communications transmitter, receiver or translator

• Utility substation;

F.

Resource Extraction and Energy Development Uses.

• Oil or gas exploration and production

• Wind-driven electrical generators, commercial or domestic;

G.

Waste Facilities.

— Community septic disposal system

— Sewage treatment plant

• Transfer station, small

• Waste-to-energy facility;

H.

Institutional Uses.

— Auditorium, public;

I.

Educational Institutions and Schools.

1.

General:

• College or university;

J.

Miscellaneous Uses.

— Cargo containers, when accessory to a permitted use

• Commercial coach, in excess of six (6) months

• Day care center, with extended overnight services

• Drainage sump

• Water treatment plant.

(Ord. G-7482 § 52, 2007; Ord. G-6968 § 33, 2003; Ord. G-6641 § 19, 1999; Ord. G-6551 § 52, 1998; Ord. G-6191 § 34, 1995; Ord. G-6077 § 154, 1994; Ord. G-5966 § 65, 1993; Ord. G-5803 § 33, 1992; Ord. G- 5684 §§ 53—55, 1991; Ord. G-4993 §§ 30, 31, 1988; Ord. G-4832 §§ 109, 110, 1988; prior code § 7070.03)

All other uses not permitted by Sections 19.34.020 and 19.34.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the CH district.

(Ord. G-7189 § 36, 2005; prior code § 7070.04)

19.34.050 - Minimum lot size.

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the CH district shall contain less than seven thousand five hundred (7,500) net square feet, 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 § 156, 1994: Prior code § 7070.05)

There is no requirement regarding minimum lot area per dwelling unit in the CH district. Dwelling units are not permitted, except as accessory to a permitted use or with approval of a conditional use permit pursuant to Section 19.34.030(A).

(Ord. G-6077 § 157, 1994: Prior code § 7070.06)

19.34.070 - Yards and setbacks.

Yard and setback requirements in the CH district are as follows:

A.

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

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. There shall be a rear yard of not less than twenty (20) feet, except that no rear yard shall be required in the event that a public alley exists. Rear yard requirements may be reduced in accordance with the Kern County fire code if written approval is obtained from the Kern County fire chief and planning director.

D.

Yards and Setbacks for Residential Development. Yards and setbacks for residential developments shall be the same as those specified in Section 19.22.070 of this title. For developments containing both

commercial and residential uses within the same building, yards and setbacks shall be as specified in subsections (A), (B) and (C) of Section 19.34.070 of this chapter.

E.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 54, 1998: Ord. G-6077 § 158, 1994; Ord. G-4832 §§ 111, 112, 1988; Prior code § 7070.07)

19.34.080 - Height limits.

The following height limits apply in the CH district:

A.

Buildings and structures 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.

(Prior code § 7070.08)

(Ord. No. G-8226, § 50, 11-8-11)

19.34.090 - Minimum distance between structures.

There is no minimum distance requirement between structures in the CH district.

(Prior code § 7070.09)

19.34.100 - Parking.

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

(Prior code § 7070.10)

19.34.110 - Signs.

A.

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

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

2.

Temporary construction signs;

3.

Temporary political, religious or civic campaign signs;

4.

Institutional identification signs;

5.

Wall signs attached to buildings;

6.

Monument signs, not to exceed forty-eight (48) square feet each;

7.

Pole signs, not to exceed two hundred forty (240) square feet in area each and not exceeding a height of thirty-five (35) feet;

8.

Off-site advertising signs, not exceeding a height of thirty-five (35) feet.

(Ord. G-6077 § 160, 1994: Ord. G-5966 § 67, 1993; Ord. G-5684 § 56, 1991: Prior code § 7070.11)

19.34.120 - Landscaping.

Landscaping in the CH district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7070.12)

19.34.130 - Special review procedures and development standards.

A.

All development in the CH district shall comply with the minimum standards set out in Chapter 19.80 of this title.

B.

Development in the CH district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

C.

Residential development shall be subject to the High-density Residential (R-3) district requirements as specified in Chapter 19.22 of this title.

D.

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, nonprofit 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 Kern County Planning and Community Development 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.

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 Sections 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.

(Ord. G-4832 § 113, 1988; Prior code § 7070.13)

(Ord. No. G-8226, § 51, 11-8-11)

Chapter 19.36 - LIGHT INDUSTRIAL (M-1) DISTRICT

The purpose of the Light Industrial (M-1) district is to designate areas for wholesale commercial, storage, trucking, assembly-type manufacturing, and other similar industrial uses. Processing or fabrication will be limited to activities conducted within a building that does not emit fumes, odor, dust, smoke or gas beyond the confines of the building within which the activities occur or produce significant levels of noise or vibration.

(Prior code § 7075.01)

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 M-1 district in accordance with standards and procedures set out in Chapter 19.80 of this title:

A.

Agricultural uses:

• Berry and specialty crops, where accessory to a permitted use or a conditionally permitted use;

B.

Residential uses:

• Emergency shelter

• Manager, caretaker or proprietor quarters, including a mobilehome

• Supportive or transitional housing, including rehabilitation facilities;

C.

Recreation, entertainment and tourist facilities:

• Batting cage

• Bingo parlor

• Bowling alley

• Circus or carnival, temporary, not to exceed four (4) days

• Dance hall, ballroom or discotheque

• Golf driving range

• Health club

• Hotel or motel

• Miniature golf

• Movie theater, walk-in

• Pool or billiard parlor

• Skateboard arenas, enclosed

• Skating rink, roller or ice

• Tennis, swim or athletic club

• Theater, live

• Video games arcade;

D.

Commercial Uses.

1.

Offices:

• Business or professional

• Financial institution, including bank, savings and loan, or credit union

• Real estate

• Research and development,

General Retail Sales:

— Antiques

• Appliances, including service and repair

• Art gallery

• Auto leasing

• Auto, new

• Auto parts and accessories

• Auto tire, including service

• Auto, used

• Bicycle, including rental and service

• Boat, including service and parts

• Bookstore, general

• Christmas tree, temporary

• Clothing and apparel

• Computer, including service and repair

— Department store

— Drugs and pharmaceuticals

• Electric appliances, including service and repair

• Electric equipment, including service and repair

• Feed

• Fireworks stand, temporary

• Floor covering, drapery, or upholstery

• Florist

• Furniture

• Gardening and landscaping supply

• Gift and card

• Gun, including repair

• Hardware, general, including lumber sales

• Hobby supplies

• Home or office furnishings

• Ice vending machine

• Jewelry and watches

• Lapidary

• Lawnmower, including repair

• Leather goods and luggage

• Locksmith or key and lock shop

• Military surplus

• Mobilehomes, including rental and service

• Motorcycles, including rental and repair

• Musical instruments, including repair

• Newspaper or magazine stand

• Nursery, plant

— Office machines and equipment

• Paint and wallpaper

• Pawn shop

• Pet store

• Photographic supply or camera

• Plumbing supply

• Pottery

• Recreational vehicles, including service

• Shoes

• Sporting goods and athletic equipment

• Stationery and office supply

• Tobacco

• Toys

• Truck, including rental

• Used clothing and household goods

• Variety

• Video and audio tape sales and rentals,

3.

Food and Beverage Retail Sales:

• Bakery

• Catering

• Convenience market

• Drive-in food market or dairy

• Farmers' market

• Food store

• Liquor store

• Specialized, including meat, vegetables, health foods, or candy,

Eating and Drinking Establishments:

• Bar, tavern, or cocktail lounge

• Ice cream parlor

• Restaurant, cafe, or coffee shop

• Restaurant, fast-food,

Services:

• Ambulance

• Appliance repair

• Artist studio

• Auto body repair and painting

• Auto rental

• Auto service or repair

• Auto service station

• Auto tire repair

• Auto towing

• Auto wash

• Auto wash, self-service

• Barber or beauty shop

• Bath house, including sauna, spa, Turkish, steam, or tanning

• Carpet cleaning

• Chiropractic or massage therapy

• Clinic, medical or physical therapy, out-patient only

• Equipment, heavy, or truck or trailer rental

• Equipment, small, rental

• Furniture cleaning, refinishing, or upholstery

— Interior decorator

— Janitorial service

— Laboratory, medical, dental, optical, or biological

— Laboratory, testing, classifying, or experimental, not involving the use of explosives or hazardous materials

— Laundromat, self-service

— Laundry, drop off and pick up only

— Mini-warehouse

— Mortuary or funeral parlor

— Packaging and mailing services

— Pest control, administrative offices only

• Pet grooming

• Photography studio

• Picture framing

— Printing, lithography, or blueprinting

• Shoe repair

— Shoe-shine stand

— Smog inspection station

• Tailor or dressmaker

• Tanning salon

• Tattoo parlor and body piercing

• Taxidermist

• Telegraph

• Ticket agency

• Travel agency

• Truck or heavy equipment repair, wholly enclosed within a building

• Truck fueling station

• Veterinary, including veterinary hospital

• Wedding chapel;

E.

Industrial Uses.

1.

Industrial manufacturing or assembly:

— Arts and craft products or supplies

— Ceramics

— Clothing or garments

— Electronic equipment

— Ice

— Manufacture, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, plastic compounds, precious or semiprecious metals or stones, shell, cured or finished wood, yarns, and paint, provided that none of the above employ a boiling process

— Pharmaceuticals

— Pipe, pipe product, and pipe filter, assembly only

— Plastic products, involving pre-manufactured plastic pellets or compounds and which do not employ a boiling process

— Shoes

— Soap, cold mix only

— Textiles,

Industrial storage:

— Automobile

— Bottled gas

— Cargo containers

— Chemical storage when accessory to a permitted use

— Cold storage

• Contractor's storage yard

— Draying or freight

— Equipment and building material

— Feed and wood

— Lumber

— Mineral and ore storage and loading, with product storage and loading facilities wholly enclosed

— Moving arid storage, yards or warehouse

— Petroleum

• Recreational vehicle

— Recyclable materials, collection and storage, provided there is no more than three thousand (3,000) square feet of outside storage and all compression and bailing operations are conducted wholly within an enclosed structure

— Truck and heavy equipment

• Warehouse,

Other industrial uses:

— Assaying

— Bakery, large

— Billboard sign fabrication and storage

• Light machining

— Photographic processing plant and/or wholesale supply

— Sheet metal shop

• Tire retreading

• Welding or blacksmith

• Well drilling service

— Wholesale distribution;

F.

Transportation Facilities.

— Auto parking garage or lot

— Bus depot, including service and storage

— Taxi depot, including service and storage;

G.

Utility and Communications Facilities.

— Microwave relay station

— Public utility buildings and service yards

— Transmission lines and supporting towers, poles, microwave towers, pipelines 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;

H.

Resource Extraction and Energy Development Uses.

— Mineral exploration

— Oil or gas exploration and production pursuant to Section 19.98.030 of this title

— Production water injection wells for the purpose of disposing of production wastewater produced within the same oilfield in which the injection well is located pursuant to Section 19.98.030 of this title

— Small wind energy system, pursuant to Section 19.08.415

— Solar energy electrical generator with a rated capacity of no greater than five (5) kilowatts for on-site consumption of the electricity;

I.

Institutional Uses.

— Auditorium, public

— Charitable or public service organization

— Church

— Club or lodge

— Fire or police station

• Government office or building

• Labor union hall

• Library

• Museum

• Post office;

J.

Educational Institutions and Schools.

General:

• Preschool

• Elementary school

• Junior high school

• Senior high school,

Specialized schools:

• Art, craft or music school

• Business or trade school

• Dance school

• Driving school

• Martial arts school

• Swim school;

K.

Miscellaneous Uses.

• Auto auction, temporary, not to exceed four (4) days

• Commercial coach, when incidental to a permitted use

• Construction trailer, temporary, during construction activities only

• Day care center, without extended overnight services

— Drainage sump

— Equipment auction, temporary, not to exceed four (4) days

— Flea market or swap meet, wholly conducted within an enclosed building

— Kennel

— Revival, temporary (not to exceed fourteen (14) days)

— Studio, radio, television, recording or movie

— Water storage or groundwater recharge facilities

— Water system, small or large.

(Ord. G-7012 § 22, 2003; Ord. G-6968 § 35, 2003; Ord. G-6864 § 34, 2002: Ord. G-6641 § 21, 1999; Ord. G-6551 §§ 55—57, 1998; Ord. G-6412 § 35, 1997; Ord. G-6297 §§ 27, 28, 1996; Ord. G-6191 §§ 36—38, 1995; Ord. G-6174 § 6, 1995; Ord. G-6077 §§ 161—163, 1994; Ord. G-5966 §§ 68, 69, 1993; Ord. G-5861 § 14, 1992; Ord. G-5684 §§ 57, 58, 1991; Ord. G-5346 § 56, 1990; Ord. G-4993 §§ 32, 33, 1989; Ord. G- 4832 §§ 114—116, 1988; Prior code § 7075.02)

; Ord. G-6864 § 34, 2002: Ord. G-6641 § 21, 1999; Ord. G-6551 §§ 55—57, 1998; Ord. G-6412 § 35, 1997; Ord. G-6297 §§ 27, 28, 1996; Ord. G-6191 §§ 36—38, 1995; Ord. G-6174 § 6, 1995; Ord. G-6077 §§ 161—163, 1994; Ord. G-5966 §§ 68, 69, 1993; Ord. G-5861 § 14, 1992; Ord. G-5684 §§ 57, 58, 1991; Ord. G-5346 § 56, 1990; Ord. G-4993 §§ 32, 33, 1989; Ord. G- 4832 §§ 114—116, 1988; Prior code § 7075.02)

(Ord. No. G-7821, § 50, 1-27-09; Ord. No. G-8226, § 52, 11-8-11)

19.36.030 - 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 all permitted in the M-1 district in accordance with the requirements of Chapter 19.80 of this title subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

— Dwelling units located entirely above the ground floor of a commercial building as specified in Section 19.36.020(A)

— Single-family dwelling (including a mobilehome), one (1) per lot, not accessory to an industrial use;

B.

Recreation, Entertainment, and Tourist Facilities.

— Amusement park

— Card room

— Circus or carnival

— Equestrian establishment

• Golf course

• Movie theater, drive-in

— Park or playground

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

• Recreational vehicle park

• Shooting range or gun club

• Skateboard arenas, unenclosed

• Sports arena, indoor

• Sports arena, outdoor

• Swimming pool, public

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets

— Whitewater rafting launch or landing site;

C.

Industrial Uses.

Industrial manufacturing or assembly:

— Furniture

• Prefabricated buildings and structures

• Mobilehomes,

Other industrial uses:

• Asphaltic concrete batch plant

• Concrete batch plant

• Machine shop

• Metal or electroplating

• Newspaper, magazine or book printing

• Pallets, including repair

• Powder coating, spray painting and sandblasting, all enclosed;

D.

Industrial Storage.

— Chemical storage as main use

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

— Recyclable materials, collection and storage

— Tire storage as a main use;

E.

Transportation Facilities.

— Airport, private

— Airport, public use

— Heliport

— Railroad station;

F.

Utility and Communications Facilities.

— Radio, television or commercial communications transmitter, receiver or translator, except as specified in subsection (F) of Section 19.36.020 of this chapter;

G.

Resource Extraction and Energy Development Uses.

— Electric power generating plant

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

• Solar energy electrical generators, commercial or domestic, exceeding five (5) kilowatts capacity

— Wind-driven electrical generators, commercial or domestic;

H.

Waste Facilities.

• Community septic disposal system

• Septage disposal site

• Septage storage site

• Sewage treatment plant

• Transfer station, small volume

• Waste-to-energy facility;

I.

Institutional Uses.

— Cemetery, mausoleum, or columbarium

— Community or regional correctional or similar involuntary detention facilities

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

— Zoo;

J.

Educational Institutions and Schools.

Specialized schools:

— Police/security training facility;

K.

Miscellaneous Uses.

— Day care center, with extended overnight services

— Flea market or swap meet, except within an enclosed building pursuant to subsection (K) of Section 19.36.020 of this title

— Flood control facilities

— Water treatment plant.

(Ord. G-7016 § 25—26, 2003; Ord. G-6968 § 37, 2003; Ord. G-6864 § 35, 2002; Ord. G-6641 § 21, 1999; Ord. G-6551 §§ 59—61, 1998; Ord. G-6412 §§ 37, 38, 1997; Ord. G-6305 § 8, 1996; Ord. G-6297 §§ 30, 31, 1996; Ord. G-6191 § 40, 1995; Ord. G-6174 § 8, 1995; Ord. G-6077 § 165, 1994: Ord. G-5966 §§ 71, 72, 1993; Ord. G-5803 § 35, 1992; Ord. G-5346 §§ 58, 59, 1990; Ord. G-4832 §§ 117—119, 1988; prior code § 7075.03)

19.36.040 - Prohibited uses.

All other uses not permitted by Sections 19.36.020 and 19.36.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the M-1 district.

(Ord. G-7189 § 37, 2005; prior code § 7075.04)

19.36.050 - Minimum lot size.

There is no minimum lot size requirement in the M-1 district.

(Prior code § 7075.05)

19.36.060 - Minimum lot area per dwelling unit.

There is no requirement for minimum lot area per dwelling in the M-1 district.

(Ord. G-6551 § 63, 1998: prior code § 7075.06)

19.36.070 - Yards and setbacks.

Yard and setback requirements in the M-1 district are as follows:

A.

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

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street or access easements;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. None required.

D.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or

specific plan.

(Ord. G-6551 § 64, 1998: Ord. G-4832 § 120, 1988; prior code § 7075.07)

The following height limits apply in the M-1 district:

A.

Buildings and structures shall not exceed six (6) stories or seventy-five (75) feet, unless the building is set back from each street, alley, and lot line at least one (1) foot for each three (3) feet of height above six (6) stories or seventy-five (75) feet.

B.

No building or structure shall exceed ten (10) stories or one hundred thirty-five (135) feet.

C.

Buildings and structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Prior code § 7075.08)

(Ord. No. G-8226, § 53, 11-8-11)

There is no requirement for minimum distance between structures in the M-1 district.

(Prior code § 7075.09)

Off-street parking in the M-1 district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7075.10)

19.36.110 - Signs.

A.

The following signs are permitted in the M-1 district in accordance with the requirements of Chapter 19.84 of this title:

1.

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

Temporary subdivision signs;

3.

Temporary construction signs;

4.

Temporary political, religious or civic campaign signs;

5.

Institutional identification signs;

Signs attached to buildings;

Monument signs, not to exceed one hundred (100) square feet each;

8.

Pole signs, not to exceed two hundred forty (240) square feet each and not exceeding a height of thirty-five (35) feet;

9.

Off-site advertising signs, not exceeding a height of thirty-five (35) feet.

(Ord. G-6077 § 166, 1994: Ord. G-5966 § 74, 1993; Ord. G-5684 § 59, 1991: prior code § 7075.11)

19.36.120 - Landscaping.

Landscaping in the M-1 district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7075.12)

A.

Outdoor industrial storage yards in the M-1 district shall be completely enclosed by a solid screening fence not less than six (6) feet in height. The design and materials proposed shall be approved by the planning director.

B.

All development in the M-1 district shall comply with the minimum standards set out in Chapter 19.80 of this title.

C.

Development in the M-1 district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6077 § 167, 1994; prior code § 7075.13)

Chapter 19.38 - MEDIUM INDUSTRIAL (M-2) DISTRICT

The purpose of the Medium Industrial (M-2) district is to designate areas for general manufacturing, processing and assembly activities. Uses may not produce fumes, odor, dust, smoke, gas or vibrations extending beyond zoning district boundaries.

(Prior code § 7080.01)

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 M-2 district in accordance with the standards and procedures of Chapter 19.80 of this title:

A.

Residential uses:

• Emergency shelter

• Manager, caretaker or proprietor quarters, including a mobilehome;

B.

Agricultural Uses.

• Agricultural by-product processing

• Animal products processing, limited to the slaughter, processing or shipping of poultry and rabbits

• Brewery

• Cannery

• Cotton compress

• Cotton gin

• Creamery

— Flour mill

• Fruit, vegetable and plant products processing, including packing, canning, preserving and shipping

• Glucose processing

• Grain elevator or storage

• Honey extraction

• Lumber drying kiln

• Oil extraction, nonmineral

• Saw or planing mill

• Winery;

• C.

Recreation, entertainment, and tourist facilities:

• Adult business

• Batting cage

• Bingo parlor

• Bowling alley

• Circus or carnival, temporary, not to exceed four (4) days

• Dance hall, ballroom or discotheque

• Golf driving range

• Health club

• Hotel or motel

• Miniature golf

• Movie theater, walk-in

• Pool or billiard parlor

• Skateboard arenas

• Skating rink, roller or ice

• Tennis, swim or athletic club

• Theater, live

— Video games arcade;

D.

Commercial Uses.

1.

Offices:

• Business or professional

• Financial institutions, including bank, savings and loan, or credit union

• Real estate

• Research and development,

2.

General Retail Sales:

• Antiques

• Appliances, including service and repair

• Art gallery

• Auto leasing

• Auto, new

• Auto parts and accessories

• Auto tire, including service

• Auto, used

• Bicycle, including rental and service

• Boat, including service and parts

• Bookstore, general

• Christmas tree, temporary

• Clothing and apparel

• Computer, including service and repair

• Department store

• Drugs and pharmaceuticals

• Electric appliances, including service and repair

• Electric equipment, including service and repair

• Feed

• Fireworks stand, temporary

• Floor covering, drapery, or upholstery

• Florist

• Furniture

• Gardening and landscaping supply

• Gift and card

• Gun, including repair

• Hardware, general, including lumber sales

• Hobby supplies

• Home or office furnishings

• Ice vending machine

• Jewelry and watches

• Lapidary

• Lawnmower, including repair

• Leather goods and luggage

• Locksmith or key and lock shop

• Military surplus

• Mobilehome, including rental and service

• Motorcycles, including rental and repair

• Musical instruments, including repair

• Newspaper or magazine stand

• Nursery, plant

• Office machines and equipment

• Paint and wallpaper

— Pawn shop

• Pet store

• Photographic supply or camera

• Plumbing supply

• Pottery

• Recreational vehicles, including service

• Shoes

• Sporting goods and athletic equipment

• Stationery and office supply

• Tobacco

• Toys

• Truck, including rental

• Used clothing and household goods

• Variety

• Video and audio tape sales and rentals,

Food and Beverage Retail Sales:

• Bakery

• Catering

• Convenience market

• Drive-in food market or dairy

• Farmers' market

• Food store

• Liquor store

• Specialized, including meat, vegetables, health food, or candy,

4.

Eating and Drinking Establishments:

• Bar, tavern, or cocktail lounge

• Ice cream parlor

• Restaurant, cafe, or coffee shop

• Restaurant, fast-food,

Services:

• Ambulance

• Artist studio

• Auto rental

• Auto service or repair, including body and paint shop

• Auto service station

• Auto tire repair

• Auto towing

• Auto wash

• Auto wash, self-service

• Barber or beauty shop

• Bath house, including sauna, spa, Turkish, steam, or tanning

• Carpet cleaning

• Chiropractic or massage therapy

• Clinic, medical or physical therapy, out-patient only

• Equipment, heavy, or truck or trailer rental

• Equipment, small, rental

• Furniture cleaning, refinishing, or upholstery

• Interior decorator

• Janitorial service

• Laboratory, medical, dental, optical, or biological

• Laboratory, testing, classifying, or experimental, not involving the use of explosives

• Laundromat, self-service

• Laundry, dry cleaning and dyeing plants

• Mini-warehouse

• Mortuary or funeral parlor

• Packaging and mailing services

• Pest control

• Pet grooming

• Photography studio

• Picture framing

• Printing, lithography, or blueprinting

• Shoe repair

• Shoe-shine stand

• Smog inspection station

• Tailor or dressmaker

• Tanning salon

• Tattoo parlor and body piercing

• Taxidermist

• Telegraph

• Ticket agency

• Travel agency

• Truck fueling station

• Truck service and repair

• Veterinary, including veterinary hospital

• Wedding chapel;

E.

Industrial Uses.

Industrial Manufacturing or Assembly:

• Aircraft, assembly, when conducted wholly within a building

• Alcohol distillery

• Auto/truck, assembly, when conducted wholly within a building

• Batteries

• Building material

• Cabinet shop

• Carpet and mattress

• Ceramics

• Clothing, garments, or shoes

• Concrete blocks

• Cosmetics, perfumes, or toiletries

• Drugs and pharmaceuticals

• Electronic equipment

• Ethanol

• Fiberglass or silicone products

• Food or beverage products

• Furniture

• Ice

• Mobilehome, modular home, or recreational vehicle

• Musical instruments

• Neon signs

• Paint mixing, not employing a boiling process

• Pallets, including repair

• Paper or pulp

• Plastics, assembly and extrusion

• Prefabricated buildings and structures

• Soap, cold mix only

• Soil amendments, not involving liquid chemical blending or organic materials

• Steel fabrication, excluding smelting

• Textiles

• Toy manufacturing and assembly

• Trusses

— Wind-driven electrical generators, manufacture or assembly,

Industrial Storage:

— Automobile

• Bottled gas

• Cargo containers

• Chemical storage, when accessory to a permitted use

• Cold storage

• Contractor's storage yard

• Draying or freight

• Equipment and building materials

• Feed and wood yards

— Liquefied petroleum gas, bulk storage or distribution in excess of two thousand (2,000) gallons capacity, when located at least one-half (½) mile from property zoned or designated for residential use and at least one-half (½) mile from existing residential development with a density greater than one (1) dwelling unit per acre and at least one-half (½) mile from any motel or hotel

— Lumber

— Mineral and ore storage and loading, with product storage and loading facilities wholly enclosed

• Moving and storage

— Petroleum

• Recreational vehicle

— Recyclable materials, collection and storage, provided there is no more than three thousand (3,000) square feet of outside storage and all compression and bailing operations are conducted wholly within an enclosed structure

— Truck and heavy equipment

— Warehouse,

3.

Other Industrial Uses:

— Assaying

— Bakery

— Beverage bottling works

— Billboard sign fabrication and storage

— Boat building and major repair

• Electroplating, when conducted wholly within an enclosed building

— Machine shop

— Metal extrusion

— Newspaper, magazine, or book printing

• Oilfield service yard

• Photographic processing plant or wholesale supply

• Powder coating and spray painting, enclosed

— Sandblasting, if incidental to another permitted use and conducted wholly within an enclosed building

• Sheet metal shop

• Tire retreading

• Welding or blacksmith

• Well drilling service

• Wholesale distribution;

F.

Transportation Facilities.

• Auto parking garage or lot

— Bus depot, including service and storage

— Railroad freight classification or switching yard

— Railroad station

— Taxi depot, including service and storage;

G.

Utility and Communications Facilities.

— Microwave relay station

— Transmission lines and supporting towers, poles, microwave towers 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;

H.

Resource Extraction and Energy Development Uses.

— Cogeneration facility or steam generators, not primarily intended for production oil or gas, excluding coal fired

— Electrical power generating plant, excluding nuclear or coal

— 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;

I.

Institutional Uses.

— Auditorium, public

— Charitable or public service organization

— Church

— Fire or police station

— Government office or building

— Library

— Museum

• Public agency or public utility buildings and facilities;

J.

Educational Institutions and Schools.

1.

Specialized schools:

— Business or trade schools;

K.

Miscellaneous Uses.

— Auto or equipment auction, temporary, not to exceed four (4) days

— Commercial coach, when incidental to a permitted use

• Construction trailer, temporary, during construction activity only

— Day care center, without extended overnight services

— Drainage sump

— Kennel

• Revival, temporary, not to exceed fourteen (14) days

• Studio, radio, television, recording or movie

• Water storage or groundwater recharge facilities

• Water system, small or large.

(Ord. G-7482 §§ 54, 55, 2007; Ord. G-7189 § 38, 2005; Ord. G-6968 § 39, 2003; Ord. G-7012 § 28, 2003; Ord. G-6864 § 37, 2002; Ord. G-6641 § 23, 1999; Ord. G-6551 §§ 65—67, 1998; Ord. G-6412 §§ 40, 41, 1997; Ord. G-6297 §§ 33, 34, 1996; Ord. G-6233 § 6, 1995; Ord. G-6191 §§ 42—45, 1995; Ord. G-6174 § 10, 1995; Ord. G-6077 §§ 169—171, 1994; Ord. G-5966 § 75, 1993; Ord. G-5861 § 16, 1992; Ord. G-5803 § 37, 1992: Ord. G-5684 §§ 60—62, 1991; Ord. G-5346 § 61, 1990; Ord. G-5030 § 6, 1989; Ord. G-5029 § 6, 1989; Ord. G-4832 § 121, 122, 1988; Prior code § 7080.02)

(Ord. No. G-7821, § 52, 1-27-09; Ord. No. G-8226, § 54—56, 11-8-11; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 8, 3-8-21)

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 all permitted in the M-2 district in accordance with the requirements of Chapter 19.80 of this title and 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.

1.

Breeding and raising animals:

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

Agricultural industries:

— Animal products processing, including slaughter, meat packing, canning, processing and shipping

— Fertilizer, bulk storage and distribution

• Tanning, curing or storing animal hides;

B.

Residential Uses.

— Single-family dwelling (including a mobilehome), one (1) per lot, not accessory to an industrial use

— Supportive and transitional housing, including rehabilitation facilities;

C.

Recreation, Entertainment and Tourist Facilities.

— Card room

— Circus or carnival

— Golf course

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

• Shooting range or gun club

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets;

D.

Industrial Uses.

1.

Industrial Manufacturing or Assembly:

• Acetylene or other gas

• Chemical blending or manufacture

• Oil refining,

2.

Industrial Storage:

• Chemical storage as a main use

• Explosives, permanent

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

• Log storage

• Minerals and ore storage and loading, unenclosed

• Recyclable materials, collection and storage

• Salvage or junk yard

• Tire storage as a main use

• Vehicle wrecking yard,

3.

Other Industrial Uses:

• Asphalt batch plant

• Concrete batch plant

• Construction or demolition waste material collection, recovery, or recycling

• Sandblasting, unenclosed

• Tire recycling;

E.

Transportation Facilities.

• Airport, private

• Airport, public use

— Heliport;

F.

Utility and Communications Facilities.

— Radio, television or commercial communications transmitter, receiver or translator, except as provided in subsection (G) of Section 19.38.020 of this chapter;

G.

Resource Extraction and Energy Development Uses.

— Cogeneration facility or steam generators

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

• Ore reduction

• Potash manufacture

— 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 generators, commercial;

H.

Waste Facilities.

— Community septic disposal system

• Greenwaste collection, recovery, and composting

• Nonhazardous oil production water disposal facility

• Nonhazardous oilfield waste treatment or recycling

• Nonhazardous oily or liquid waste treatment or recycling

• Sanitary landfill, private landfill or monofill

• Septage disposal site

• Septage storage and transfer site

• Sewage treatment plant

— Soil reclamation or remediation for soils contaminated with nonhazardous materials

• Transfer station, large or small

• Waste-to-energy facility;

I.

Institutional Uses.

• Cemetery, mausoleum or columbarium

• Community or regional correctional or similar involuntary detention facilities

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

J.

Educational Institutions and Schools.

Specialized schools:

— Police/security training facility;

K.

Miscellaneous Uses.

— Auction yards

— Day care center, with extended overnight services

— Flea market or swap meet

— Flood control facilities

— Water treatment plant.

(Ord. G-7482 §§ 57, 58, 2007; Ord. G-7012 §§ 30—31, 2003; Ord. G-6967 § 19, 2003; Ord. G-6864 § 39, 2002; Ord. G-6641 § 25, 1999; Ord. G-6551 § 69, 1998; Ord. G-6412 § 43, 1997; Ord. G-6305 § 10, 1996; Ord. G-6297 §§ 36, 37, 38, 1996; Ord. G-6191 §§ 47, 48, 1995; Ord. G-6174 § 12, 1995; Ord. G-6077 § 173, 1994: Ord. G-5966 §§ 77, 78, 1993; Ord. G-5803 § 39, 1992; Ord. G-5684 §§ 63, 64, 1991; Ord. G- 5346 §§ 63, 64, 1990; Ord. G-5030 § 7, 1989; Ord. G-5029 § 7, 1989; Ord. G-4832 §§ 123—127, 1988; prior code § 7080.03)

(Ord. No. G-7821, § 54, 1-27-09; Ord. No. G-8226, §§ 57, 58, 11-8-11; Ord. No. G-8656, § 4, 7-26-16; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 9, 3-8-21)

19.38.040 - Prohibited uses.

All other uses not permitted by Sections 19.38.020 and 19.38.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the M-2 district.

(Ord. G-7189 § 40, 2005: prior code § 7080.04)

19.38.050 - Minimum lot size.

There is no minimum lot size requirement in the M-2 district.

(Prior code § 7080.05)

19.38.060 - Minimum lot area per dwelling unit.

There is no requirement for minimum lot area per dwelling unit in the M-2 district.

(Ord. G-6551 § 71, 1998: prior code § 7080.06)

19.38.070 - Yards and setbacks.

The following yard and setback requirements apply in the M-2 district:

A.

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

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street or access easements;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. None required.

D.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 72, 1998: Ord. G-4832 § 128, 1988; prior code § 7080.07)

19.38.080 - Height limits.

The following height limits apply in the M-2 district:

A.

Buildings and structures shall not exceed six (6) stories or one hundred (100) feet, unless the building is set back from each street, alley, and lot line at least one (1) foot for each three (3) feet of height above six (6) stories or seventy-five (75) feet.

B.

No building or structure shall exceed ten (10) stories or one hundred thirty-five (135) feet.

C.

Buildings and structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Ord. G-5966 § 80, 1993; prior code § 7080.08)

(Ord. No. G-8226, § 59, 11-8-11)

19.38.090 - Minimum distance between structures.

There is no required minimum distance between structures in the M-2 district.

(Prior code § 7080.09)

19.38.100 - Parking.

Off-street parking in the M-2 district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7080.10)

19.38.110 - Signs.

A.

The following signs are permitted in the M-2 district in accordance with the requirements of Chapter 19.84 of this title:

1.

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;

Temporary subdivision signs;

3.

Temporary construction signs;

4.

Temporary political, religious or civic campaign signs;

5.

Institutional identification signs;

Signs attached to buildings;

7.

Monument signs, not to exceed one hundred (100) square feet each;

8.

Pole signs, not to exceed three hundred (300) square feet in area each and not exceeding a height of fifty (50) feet;

9.

Off-site advertising signs, not exceeding a height of thirty-five (35) feet;

Oilfield identification signs.

(Ord. G-6077 § 174, 1994: Ord. G-5966 § 81, 1993; Ord. G-5861 § 18, 1992; Ord. G-5684 § 65, 1991: prior code § 7080.11)

19.38.120 - Landscaping.

Landscaping in the M-2 district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7080.12)

19.38.130 - Special review procedures and development standards.

A.

All development in the M-2 district shall comply with the minimum standards set out in Chapter 19.80 of this title.

B.

Development in the M-2 district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

(Prior code § 7080.13)

Chapter 19.40 - HEAVY INDUSTRIAL (M-3) DISTRICT

The purpose of the Heavy Industrial (M-3) district is to designate areas suitable for heavy manufacturing and industrial uses which have the greatest potential for producing undesirable or adverse by-products, including traffic, noise, odors, dust and vibrations. The M-3 district should be located in places substantially removed from residential areas.

(Prior code § 7085.01)

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 M-3 district in accordance with the standards and procedures set out in Chapter 19.80 of this title:

A.

Residential uses:

• Manager, caretaker or proprietor quarters, including a mobilehome;

B.

Agricultural Uses.

Agricultural industries:

• Agricultural by-product processing

• Alcohol distillery

• Animal products processing, including slaughter

• Brewery

• Cannery

• Cotton compress

• Cotton gin

— Creamery

• Dead animal and fat rendering

• Fertilizer, bulk storage and distribution

• Flour mill

• Fruit, vegetable and plant products processing, including packing, canning, preserving and shipping

• Garbage or offal reduction

• Glucose processing

• Grain elevator or storage

• Honey extraction

• Lumber drying kiln

• Oil extraction, nonmineral

• Saw or planing mill

• Tanning, curing or storing animal hides

• Tobacco processing

• Winery;

C.

Recreation, entertainment and tourist facilities:

• Adult business

• Batting cage

• Bingo parlor

• Bowling alley

• Circus or carnival, temporary, not to exceed four (4) days

• Dance hall, ballroom or discotheque

• Golf driving range

• Health club

• Hotel or motel

• Miniature golf

— Movie theater, walk-in

• Pool or billiard parlor

• Skating rink, roller or ice

• Tennis, swim or athletic club

• Theater, live

• Video games arcade;

D.

Commercial Uses.

1.

Offices:

• Business or professional

• Financial institution, including bank, savings and loan, or credit union

• Real estate

• Research and development,

General Retail Sales:

• Antiques

• Appliances, including service and repair

• Art gallery

• Auto leasing

• Auto, new

• Auto parts and accessories

• Auto tire, including service

• Auto, used

• Bicycle, including rental and service

• Boat, including service and parts

• Bookstore, general

• Christmas tree, temporary

• Clothing and apparel

• Computer, including service and repair

• Department store

• Drugs and pharmaceuticals

• Electric appliances, including service and repair

• Electric equipment, including service and repair

• Feed

• Fireworks stand, temporary

• Floor covering, drapery, or upholstery

• Florist

• Furniture

• Gardening and landscaping supply

• Gift and card

• Gun, including repair

• Hardware, general

• Hobby supplies

• Home or office furnishings

• Ice vending machine

• Jewelry and watches

• Lapidary

• Lawnmower, including repair

• Leather goods and luggage

• Locksmith or key and lock shop

• Military surplus

• Mobilehomes, including rental and service

• Motorcycles, including rental and repair

• Musical instruments, including repair

• Newspaper or magazine stand

• Nursery, plant

• Office machines and equipment

• Paint and wallpaper

• Pawn shop

• Pet store

• Photographic supply or camera

• Plumbing supply

• Pottery

• Recreational vehicles, including service

• Shoes

• Sporting goods and athletic equipment

• Stationery and office supply

• Tobacco

• Toys

• Truck, includes rental

• Used clothing and household goods

• Variety

• Video and audio tape sales and rentals,

Food and Beverage Retail Sales:

• Bakery

• Catering

• Convenience market

• Drive-in food market or dairy

• Farmers' market

— Food store

• Liquor store

• Specialized, including meat, vegetables, health foods, or candy,

4.

Eating and Drinking Establishments:

• Bars, taverns, or cocktail lounges

• Ice cream parlor

• Restaurant, cafe, or coffee shop

• Restaurant, fast-food,

Services:

• Ambulance

• Artist studio

• Auto body repair and painting

• Auto rental

• Auto service/repair

• Auto service station

• Auto tire repair

• Auto towing

• Auto wash

• Auto wash, self-service

• Barber or beauty shop

• Bath house, including sauna, spa, Turkish, steam, or tanning

• Carpet cleaning

• Chiropractic or massage therapy

• Clinic, medical or physical therapy, out-patient only

• Equipment, heavy, or truck or trailer rental

• Equipment, small, rental

• Furniture cleaning, refinishing, or upholstery

• Gardening and landscaping

• Interior decorator

• Janitorial service

• Laboratory, medical, dental, optical, or biological

• Laboratory, testing, classifying, or experimental, not involving the use of explosives

• Laundromat, self-service

• Laundry, dry cleaning, pressing, and dyeing

• Miniwarehouse

• Mortuary or funeral parlor

• Packaging and mailing services

• Pest control, administrative offices only

• Pet grooming

• Photography studio

• Picture framing

• Printing, lithography, or blueprinting

• Shoe repair

• Shoe-shine stand

• Smog inspection station

• Tailor or dressmaker

• Tanning salon

• Tattoo parlor and body piercing

• Taxidermist

• Telegraph

• Ticket agency

• Travel agency

• Truck fueling station

• Truck service and repair

• Veterinary, including veterinary hospital

• Wedding chapel;

E.

Industrial Uses.

Industrial manufacturing or assembly:

• Acetylene or other gas

• Acids

• Aircraft, assembly

• Ammonia or chlorine

• Asphalt

• Automobile or truck assembly

• Bag cleaning

• Batteries

• Blast furnace or smelting

• Boiler works

• Brick, tile or terra cotta products

• Building materials

• Cabinet shop

• Candle

• Carbon

• Carpet and mattress

• Celluloid or pyroxylin

• Cement

— Ceramics

• Chemical blending or manufacturing

• Clothing, garments or shoes

• Coal, wood or tar distillation

• Coke ovens

• Concrete blocks

• Cosmetics, perfumes or toiletries

• Creosote

• Detergent

• Disinfectant

• Drugs and pharmaceuticals

• Electronic appliance

• Electronic equipment

• Ethanol

• Fertilizer

• Fiberglass or silicone products

• Food or beverage products

• Furniture

• Glass

• Glue

• Ice

• Iron, steel, or other metals

• Linoleum or oiled products

• Machinery

• Metal, glass or paper recycling facility

• Mobilehome, modular home or recreational vehicle

• Musical instruments

• Neon signs

— Oil refining

• Ore reduction

• Paint, shellac, turpentine, or similar products

• Paint mixing

• Pallets, including repair

• Paper or pulp

• Plastic

• Potash

• Prefabricated buildings and structures

• Rolling mill

• Rubber

• Saw mills

• Smelting

• Soap

• Sodium compounds

• Soil amendments, not involving organic materials

• Starch

• Steel fabrication

• Stove or shoe polish

• Tar products

• Textiles

• Tobacco processing

• Toy manufacturing and assembly

• Trusses

• Wind-driven electrical generators, manufacture or assembly,

2.

Industrial storage:

— Automobile

• Bottled gas

• Cargo containers

• Chemical storage

• Cold storage

• Contractor's storage yard

• Draying or freight

• Equipment and building materials

• Feed and wood yards

— Liquefied petroleum gas, bulk storage or distribution in excess of two thousand (2,000) gallons capacity, when located at least one-half (½) mile from property zoned or designated for residential use and at least one-half (½) mile from existing residential development with a density greater than one (1) dwelling unit per acre and at least one-half (½) mile from any motel or hotel

— Log storage

• Lumber

— Mineral and ore storage and loading, with product storage and loading facilities wholly enclosed

• Moving and storage

• Petroleum

• Recreational vehicle

• Recyclable materials, collection and storage

• Truck and heavy equipment

• Warehouse,

Other industrial uses:

• Asphaltic batch plant

• Assaying

• Bakery

• Beverage bottling works

• Billboard sign fabrication and storage

• Boat building and major repair

• Concrete batch plant

• Electroplating

• Machine shop

• Metal extrusion

• Newspaper, magazine or book printing

• Oilfield service yard

• Photographic processing plant or wholesale supply

• Powder coating and spray painting, enclosed

• Sandblasting, if incidental to another permitted use and conducted wholly within an enclosed building

• Sheet metal shop

• Tire retreading or recycling

• Welding or blacksmith

• Well drilling service

• Wholesale distribution;

F.

Transportation facilities:

• Auto parking garage or lot

• Bus depot, including service and storage

• Railroad freight classification or switching yard

• Railroad station

• Taxi depot, including service and storage;

G.

Utility and Communications Facilities.

• Microwave relay station

— Transmission lines and supporting towers, poles, microwave towers 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;

H.

Resource Extraction and Energy Development Uses.

— Cogeneration facility or steam generators, not primarily intended for production oil or gas, excluding coal fired

— Electrical distribution stations

— Electrical power generating plants, excluding nuclear and coal

— Mineral exploration

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

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

— 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

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

1. The annual amount of power generated does not exceed the total on-site annual power demand.

2. The wind generators are located a minimum distance of one (1) times 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 (1) 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.

I.

Waste Facilities.

— Burning of pre-chipped tires as a source of fuel in conjunction with a permitted or conditionally permitted industrial use

— Transfer station, small volume;

J.

Institutional Uses.

• Auditorium, public

• Charitable or public service organization

• Church

• Fire or police station

• Government office or building

— Library

— Museum

• Public agency or utility buildings and facilities;

K.

Educational Institutions and Schools.

1.

Specialized schools:

• Business or trade schools;

L.

Miscellaneous Uses.

• Auto or equipment auction, temporary, not to exceed four (4) days

• Commercial coach, when incidental to a permitted use

• Construction trailer, temporary, during construction activity only

• Drainage sump

— Kennel

— Massage parlor

• Revival, temporary, not to exceed fourteen (14) days

• Studio, radio, television, recording or movie

• Water system, small or large.

(Ord. G-7482 §§ 60—62, 2007; Ord. G-7189 § 41, 2005; Ord. G-7012 § 33, 200; Ord. G-6968 § 41, 2003; Ord. G-6864 § 41, 2002; Ord. G-6641 § 27, 1999; Ord. G-6551 §§ 73, 74, 1998; Ord. G-6412 § 45, 1997; Ord. G-6297 §§ 40, 41, 1996; Ord. G-6233 § 7, 1995; Ord. G-6191 §§ 50—53, 1995; Ord. G-6174 § 14, 1995; Ord. G-6077 § 175, 1994: Ord. G-5966 §§ 82, 83, 1993; Ord. G-5861 § 19, 1992; Ord. G-5803 § 38, 1992: Ord. G-5684 §§ 66—68, 1991; Ord. G-5346 § 66, 1990; Ord. G-5030 § 8, 1989; Ord. G-5029 § 8, 1989; Ord. G-4832 § 129, 1988; prior code § 7085.02)

(Ord. No. G-8226, §§ 60, 61, 11-8-11; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 10, 3-8-21)

19.40.030 - 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 all permitted in the M-3 district in accordance with the standards set out in Chapter 19.80 of this title and 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 animals:

— Beef cattle or livestock feed lot, stockyard, auction or sales yard;

B.

Residential Uses.

— Emergency shelter

— Single-family dwelling (including a mobilehome), one (1) per lot, not accessory to an industrial use;

C.

Recreation, Entertainment and Tourist Facilities.

— Card room

— Circus or carnival

— Golf course

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

• Shooting range or gun club

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets;

D.

Industrial Uses.

1.

Industrial manufacturing or assembly:

• Explosives or ammunition, including storage,

2.

Industrial storage:

— Explosives or ammunition

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

— Mineral and ore storage and loading, unenclosed

• Salvage or junk yard

• Tire storage

— Vehicle wrecking yard,

Other industrial uses:

— Chemical recycling

• Construction or demolition waste material collection, recovery or recycling

— Sandblasting, unenclosed;

E.

Transportation Facilities.

• Airport, private

• Airport, public use

— Heliport;

F.

Utility and Communications Facilities.

— Radio, television or commercial communications transmitter, receiver or translator, except as specified in subsection (G) of Section 19.40.020 of this chapter;

G.

Resource Extraction and Energy Development Uses.

— Cogeneration facility or steam generators

— Electrical power generating plant, 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

— 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.

— Burning of waste-derived fuels when in conjunction with a permitted or conditionally permitted industrial use, except for pre-chipped tires

— Community septic disposal system

— Greenwaste collection, recovery, and composting

— Hazardous waste disposal facility

— Medical waste treatment, fully enclosed

— Nonhazardous oil production and/or oily waste disposal facility

• Nonhazardous oilfield waste treatment or recycling

— Nonhazardous oily or liquid waste treatment or recycling

— Research, development, or testing of alternative fuel burning processes, temporary

— Sanitary landfill, private landfill or monofill

— Septage disposal site

• Septage storage and transfer site

• Sewage treatment plant

— Soil reclamation or remediation for soils contaminated with nonhazardous materials

• Transfer station, large volume

— Waste-to-energy facility;

I.

Institutional Uses.

— Cemetery, mausoleum or columbarium

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

J.

Educational Institutions and Schools.

1.

Specialized schools:

— Police/security training facility;

K.

Miscellaneous Uses.

— Auction yards

— Flea market and swap meet

• Water treatment plant.

(Ord. G-7482 §§ 64, 65, 2007; Ord. G-7012 §§ 33, 35, 2003; Ord. G-6967 § 21, 2003; Ord. G-6551 § 76, 1998; Ord. G-6412 § 47, 1997; Ord. G-6297 §§ 43—46, 1996; Ord. G-6191 §§ 55, 56, 1995; Ord. G-6174 § 16, 1995; Ord. G-6077 § 176, 1994: Ord. G-5966 § 85, 1993; Ord. G-5803 § 39, 1992; Ord. G-5684 § 69, 70, 1991; Ord. G-5030 § 9, 1989; Ord. G-5029 § 9, 1989; Ord. G-4993 §§ 35, 36, 1989; Ord. G-4832 §§ 130 —132, 1988; prior code § 7085.03)

(Ord. No. G-7821, § 56, 1-27-09; Ord. No. G-8226, § 62, 11-8-11; Ord. No. G-8656, § 5, 7-26-16; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 11, 3-8-21)

All other uses not permitted by Sections 19.40.020 and 19.40.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the M-3 district.

(Ord. G-7189 § 43, 2005: prior code § 7085.04)

There is no minimum lot size requirement in the M-3 district.

(Prior code § 7085.05)

There is no requirement for minimum lot area per dwelling unit in the M-3 district. Dwellings are not permitted, except as accessory to a permitted use.

(Prior code § 7085.06)

The following yard and setback requirements apply in the M-3 district:

A.

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

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. None required.

D.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 78, 1998: Ord. G-4832 § 133, 1988; prior code § 7085.07)

The following height limits apply in the M-3 district:

A.

Buildings and structures shall not exceed thirteen (13) stories or one hundred fifty (150) feet.

B.

Building and structures shall be set back from each street, alley, and lot line at least one (1) foot for each three (3) feet of height above six (6) stories or seventy-five (75) feet.

C.

Buildings and structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(G-7189 § 44, 2005: prior code § 7085.08)

(Ord. No. G-8226, § 63, 11-8-11)

19.40.090 - Minimum distance between structures.

There is no requirement for minimum distance between structures in the M-3 district.

(Prior code § 7085.09)

Off-street parking in the M-3 district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7085.10)

19.40.110 - Signs.

A.

The following signs are permitted in the M-3 district in accordance with the requirements of Chapter 19.84 of this title:

1.

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;

2.

Temporary subdivision signs;

3.

Temporary construction signs;

4.

Temporary political, religious or civic campaign signs;

5.

Institutional identification signs;

Signs attached to buildings;

7.

Monument signs, not to exceed one hundred (100) square feet in area each;

8.

Pole signs, not to exceed three hundred (300) square feet in area each and not exceeding a height of fifty (50) feet;

9.

Off-site advertising signs, not exceeding a height of thirty-five (35) feet;

Oilfield identification signs.

(Ord. G-6077 § 177, 1994: Ord. G-5966 § 87, 1993: Ord. G-5861 § 21, 1992; Ord. G-5684 § 71, 1991: Prior code § 7085.11)

19.40.120 - Landscaping.

Landscaping shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7085.12)

19.40.130 - Special review procedures and development standards.

A.

All development in the M-3 district shall comply with the minimum requirements of Chapter 19.80 of this title.

B.

Development in the M-3 district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

(Prior code § 7085.13)

Chapter 19.42 - RECREATION-FORESTRY (RF) DISTRICT

The purpose of the Recreation-Forestry (RF) district is to designate lands for the conservation and use of natural resources and for compatible recreational uses. Nonresource-related uses are limited to uses that will not adversely affect the primary resource use or uses to which the land is devoted.

(Prior code § 7090.01)

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 RF district:

A.

Residential Uses.

• Accessory dwelling unit, pursuant to Chapter 19.90

— Apartment

• Condominium

• Duplex

• Manufactured home, one (1) per lot, pursuant to Section 19.20.130.D

• Quadruplex

• Residential accessory structures

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

• Single-family dwelling

• Triplex

B.

Agricultural Uses.

1.

Growing and Harvesting Crops

• Christmas trees

• Community garden pursuant to Section 19.42.130 of this chapter

• Growing of agricultural crops for domestic use of the resident/occupant

• Timber

2.

Breeding and raising animals:

• Beekeeping

— Poultry and rabbits pursuant to Section 19.42.130 of this title

— Horses, donkeys, mules, llamas, hogs, sheep, goats, dairy stock and beef cattle pursuant to Section 19.42.130 of this title

— Ostrich and emus pursuant to Section 19.42.130 of this title

— Birds, including show or racing pigeons, and other small fowl pursuant to Section 19.42.130 of this title

— Fish and frogs;

C.

Recreation, Entertainment and Tourist Facilities.

— Boat dock, private

— Fishing or fly casting pond

— Park or playground;

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. Microwave towers are also permitted pursuant to this section provided that there is a minimum setback of three hundred (300) feet from any dwelling

— Utility substation;

E.

Resource Extraction and Energy Development Uses.

— Mineral exploration

— Oil or gas exploration and production pursuant to Section 19.98.030 of this title

— Small wind energy system, pursuant to Section 19.08.415

— Solar energy electrical generator with a rated capacity of no greater than five (5) kilowatts for on-site consumption of the electricity;

F.

Institutional Uses.

• Charitable or public service organization

— Museum, when associated with a wildlife or nature preserve;

G.

Miscellaneous Uses.

— 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 19.42.130 of this chapter

— Home occupation pursuant to Chapter 19.94 of this title

— Hunting or fishing club, not involving buildings or structures

— Water storage or groundwater recharge facilities

— Water system, small or large

— Wildlife or nature preserve.

(Ord. G-7012 § 38, 2003; Ord. G-6968 § 42, 2003; Ord. G-6641 § 29, 1999; Ord. G-6191 § 58, 1995; Ord. G-6077 §§ 178—180, 1994; Ord. G-5966 § 88, 1993; Ord. G-4916 § 11, 1989; Ord. G-4832 §§ 134, 135, 1988; Prior code § 7090.02)

(Ord. No. G-8226, § 64, 11-8-11; Ord. No. G-8725, § 14, 7-11-17)

19.42.030 - 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 all permitted in the RF 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.

Residential Uses.

— Additional single-family dwellings, not to exceed a density of one (1) dwelling unit per five (5) gross acres. 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

— Logging camp

— Manufactured home or mobilehome, pursuant to Section 19.42.130(D)(6) of this chapter

— Rest home

• Retirement home

• Single-family dwelling, with a width of sixteen (16) feet or less;

B.

Agricultural Uses.

1.

Agricultural industries:

• Saw or planing mill;

C.

Recreation, Entertainment and Tourist Facilities.

• Bed and breakfast inn

• Camp, private

• Campground

• Community recreational facilities

• Equestrian establishments

• Golf course

• Golf driving range

• Lakes, private, for recreational skiing or boating

• Lodge

• Marina, public

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

• Recreational vehicle park

• Recreational vehicle, travel trailer and boat storage

• Retreat, church or nonprofit organization owned and operated

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

• Snow park and skiing facilities

• Thermal pools and hot springs

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets

— Whitewater rafting launch or landing site;

D.

Transportation Facilities.

— Airport, private

— Airport, public use

— Heliport;

E.

Utility and Communications Facilities.

— Radio, television or commercial communications transmitter, receiver or translator, including microwave towers less than three hundred (300) feet from a dwelling, except as specified in subsection (D) of Section 19.42.020 of this chapter;

F.

Resource Extraction and Energy Development Uses.

— Dam, hydro

— 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 or domestic;

G.

Waste Facilities.

— Septage disposal site

• Transfer station, small or large

• Waste-to-energy facility;

H.

Institutional Uses.

— Cemetery

• Church

• Community or regional correctional or similar involuntary detention facilities

— Museum

• Public agency or public utility buildings and facilities

• Rehabilitation facilities

• Zoo;

I.

Educational Institutions and Schools.

1.

General:

• Preschool

• Elementary school

• Junior high school

• Senior high school

• College or university;

J.

Miscellaneous Uses.

• Animal shelter

• Drainage sump

• Hunting or fishing club

• Kennel or dog training facilities

• Logging contractor

• Railroad caboose and similar accessory structures

• Wild animal keeping.

(Ord. G-7012 §§ 40—41, 2003; Ord. G-6968 § 44, 2003; Ord. G-6870 § 10, 2002; Ord. G-6641 § 31, 1999; Ord. G-6551 § 79, 1998; Ord. G-6412 § 49, 1997; Ord. G-6297 §§ 48, 49, 1996; Ord. G-6191 §§ 60, 61, 1995; Ord. G-6077 §§ 182, 183, 1994; Ord. G-5966 § 90, 1993; Ord. G-5861 § 22, 1992; Ord. G-5803 § 41, 1992; Ord. G-5346 §§ 68, 69, 1990; Ord. G-4916 § 12, 1989; Ord. G-4832 §§ 136—139, 1988; Prior code § 7090.03)

(Ord. No. G-8226, § 65, 11-8-11)

19.42.040 - Prohibited uses.

All other uses not permitted by Sections 19.42.020 and 19.42.030 of this chapter are prohibited in the RF district.

(Prior code § 7090.04)

No lot created within the RF district shall contain less than five (5) 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-6864 § 43, 2002: Prior code § 7090.05)

Except as specified in Section 19.42.030, there shall be no more than one (1) principal single-family dwelling per legal lot in the RF district.

(Ord. G-6191 § 63, 1995: Prior code § 7090.06)

19.42.070 - Yards and setbacks.

Yard and setback requirements in the RF district are as follows:

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 local street or access easement;

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 ten (10) feet.

C.

Rear Yard. There shall be a rear yard of not less than five (5) feet.

D.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 81, 1998: G-5966 § 92, 1993; Ord. G-4832 § 140, 1988; Prior code § 7090.07)

19.42.080 - Height limits.

The following height limits apply in the RF 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.

(Prior code § 7090.08)

(Ord. No. G-8226, § 66, 11-8-11)

19.42.090 - Minimum distance between structures.

Minimum distance between structures in the RF district shall be as follows:

A.

There shall be a minimum of ten (10) feet between residential buildings.

B.

There shall be a minimum of six (6) feet between a residential building and an accessory building or between accessory buildings.

(Prior code § 7090.09)

19.42.100 - Parking.

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

(Prior code § 7090.10)

19.42.110 - Signs.

A.

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

1.

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

2.

Temporary construction signs;

3.

Agricultural signs;

4.

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

(Ord. G-5684 § 72, 1991: Prior code § 7090.11)

19.42.120 - Landscaping.

Landscaping is not required in the RF district.

(Prior code § 7090.12)

19.42.130 - Special review procedures and development standards.

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

A.

The breeding and raising of birds, including show or racing pigeons, poultry and rabbits shall be limited to domestic or hobby purposes only and they shall not be raised for commercial purposes.

B.

The breeding and raising of animals pursuant to Section 19.42.020 of this chapter shall be limited to one (1) horse, donkey, mule, cow, dairy stock, sheep, goat, hog, ostrich, emu or other similar animal per onequarter (¼) acre of lot area.

C.

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

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.

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.);

2.

The manufactured home shall be installed on a permanent foundation system pursuant to Section 18551 of the California Health and Safety Code; and

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:

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.

E.

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 Kern County Planning and Community Development 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 Sections 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.

F.

Development in the RF district shall also comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6077 § 185, 1994; Ord. G-5966 § 93, 1993; Ord. G-4916 § 13, 1989; Prior code § 7090.13)

(Ord. No. G-8226, §§ 67, 68, 11-8-11)

Chapter 19.44 - OPEN SPACE (OS) DISTRICT

The purpose of the Open Space (OS) district is to designate lands in public or private ownership that are essentially unimproved and should remain in open space use for the preservation of identified scenic values, habitat for endangered plants or animals, unique geologic features, natural resources, passive recreational values, or for the protection of public health and safety. The OS district may also be utilized as an interim district in conjunction with county-initiated changes in zoning district classification for those properties designated as "commercial" or "industrial" by the Kern County general plan or adopted specific plan, where the current zoning district classification for those properties is inconsistent with said "commercial" or "industrial" designations.

(Ord. G-5346 § 71, 1990: prior code § 7095.01)

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 OS district:

A.

Agricultural Uses.

1.

Breeding and raising animals:

— Beef cattle or animal grazing;

B.

Recreation, entertainment and tourist facilities:

— Hiking or equestrian trails;

C.

Utility and communications facilities:

— Transmission lines and supporting towers, poles, pipelines 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;

D.

Miscellaneous uses:

— Hunting or fishing club, not including buildings or structures

— Wildlife or nature preserve, not involving structures.

(Ord. G-4832 § 141, 1988; prior code § 7095.02)

19.44.030 - 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 all permitted in the OS 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.

Recreation, Entertainment, and Tourist Facilities.

• Park

— Roads or trails for motor driven vehicles, excluding race courses;

B.

Institutional Uses.

• Public service uses;

C.

Transportation Facilities.

— Auto parking lot;

D.

Resource Extraction and Energy Development Uses.

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

E.

Miscellaneous Uses.

— Restrooms and shelters

— Scientific study sites for the systematic exploration and classification of archaeological, anthropological, or historic artifacts or remains

(Prior code § 7095.03; Ord. G-4832 § 142, 1988; Ord. G-5346 §§ 72, 73, 1990; Res. No. 2020-116, § 2, 5- 19-20; Ord. No. G-8992, § 12, 3-8-21)

19.44.040 - Prohibited uses.

All other uses not permitted by Sections 19.44.020 and 19.44.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the OS district.

(Ord. G-7189 § 47, 2005: prior code § 7095.04)

19.44.050 - Minimum lot size.

There is no minimum lot size required in the OS district; provided, however, that no lot zoned Open Space (OS) may be divided or separated in any manner, except in the case of a conveyance or dedication of land to a government agency, public entity or public utility for public purposes or public utility purposes.

(Prior code § 7095.05)

19.44.060 - Minimum lot area per dwelling unit.

There is no requirement for minimum lot area per dwelling unit in the OS district. Dwellings are not permitted.

(Prior code § 7095.06)

19.44.070 - Yards and setbacks.

There are no yard and setback requirements in the OS district.

(Prior code § 7095.07)

There are no height limits required in the OS district.

(Prior code § 7095.08)

19.44.090 - Minimum distance between structures.

There is no requirement for minimum distance between structures in the OS district.

(Prior code § 7095.09)

19.44.100 - Parking.

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

(Prior code § 7095.10)

19.44.110 - Signs.

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

A.

Institutional identification signs identifying a permitted use on the property. Such signs shall be limited to monument signs not to exceed one hundred (100) square feet in area and not to exceed fifteen (15) feet in height;

B.

Temporary real estate signs advertising the property for sale or rent, not to exceed eight (8) square feet each, excluding the area of any vertical and/or horizontal support members.

(Prior code § 7095.11)

19.44.120 - Landscaping.

Landscaping is not required in the OS district.

(Prior code § 7095.12)

19.44.130 - Special review procedures and development standards.

Development in the OS district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

(Prior code § 7095.13)

Chapter 19.45 - PARK AND RECREATION (PR) DISTRICT

The purpose of the Park and Recreation (PR) district is to designate areas for permanent recreational open space use serving the neighborhood, community or region. The PR district is intended to apply to existing or future sites intended for and dedicated to publicly owned and maintained park sites or for privately owned facilities that are be accessible to the general public. The PR district is compatible with all residential, commercial, industrial and public use specific plan and general plan land use designations.

(Ord. No. G-8226, § 69, 11-8-11)

19.45.020 - Permitted uses.

A.

Recreation, Entertainment, and Tourist Facilities.

— Parks for passive recreational use, as specified in Section 19.45.130

— Playgrounds

— Community or seniors citizens center.

(Ord. No. G-8226, § 69, 11-8-11)

19.45.030 - Uses permitted with a conditional use permit.

A.

Recreation, Entertainment, and Tourist Facilities.

— Active recreational use facilities, as specified in Section 19.45.130

— Athletic fields for soccer, baseball, softball, football or similar types of organized team sports that include backstops, bleachers, goal posts, non-turf playing surfaces or other improvements

— Basketball, racquetball, tennis or volleyball courts with night lighting to accommodate night-time use if closer than one hundred (100) feet from residentially zoned parcels or homes

— BMX bicycle race tracks

— Campgrounds, when accessory to a permitted or conditionally permitted use

• Museums

— Off-highway vehicle (OHV) facilities

— Paintball fields

• Riding stables

— Skateboard ramps and training facilities located within one hundred fifty (150) feet of a dwelling or equipped with night lighting to accommodate night-time use

— Sports stadium or arena

— Swimming pools

— Zoo

(Ord. No. G-8229, § 1, 11-8-11)

All other uses not permitted by 19.45.020 and 19.45.030, or which are not specified as allowable accessory uses by Section 19.45.130 are prohibited.

(Ord. No. G-8226, § 69, 11-8-11)

There is no minimum lot size required in the PR district; however, no lot zoned PR may be divided except for conveyances to a public entity.

(Ord. No. G-8226, § 69, 11-8-11)

There is no requirement for minimum lot area per dwelling unit in the PR district. Dwellings are not permitted except for a caretaker's dwelling, in which case two (2) parking spaces shall be provided.

(Ord. No. G-8226, § 69, 11-8-11)

Playgrounds and active-use courts, such as basketball, handball or racquetball courts, shall be located no closer than twenty-five (25) feet from the front property line. Yards and setbacks for uses requiring a conditional use permit shall be as specified in the conditions of approval. Except for fences, walls, walkways, approved signs and landscape-related materials, no permanent structures shall be permitted within five (5) feet of any exterior property line.

(Ord. No. G-8226, § 69, 11-8-11)

19.45.080 - Height limits.

The following height limits apply in the PR district:

A.

The maximum permitted height for all buildings and structures, including light standards, shall be twentyfive (25) feet, except as otherwise authorized in conjunction with approval of a conditionally permitted use.

B.

Buildings and structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Ord. No. G-8226, § 69, 11-8-11)

None, except as required for compliance with adopted building codes.

(Ord. No. G-8226, § 69, 11-8-11)

Off-street parking is not required for passive park sites consisting of two and one-half (2½) gross acres or less where the park site abuts a publicly maintained road or highway, except for those containing indoor swimming pools and community or senior citizens centers, for which off-street parking shall be provided as set forth in Chapter 19.82 of this title. Passive park sites greater than two and one-half (2½) gross acres or for sites that do not abut a publicly maintained road shall provide a minimum of three (3) parking spaces per acre. Off-street parking for active recreational uses shall be provided in accordance with the requirements of Chapter 19.82 of this title, or as otherwise specified in the conditions of approval.

(Ord. No. G-8226, § 69, 11-8-11)

19.45.110 - Signs.

Institutional or facility identification signs shall be limited to monument or wooden signs not exceeding two hundred (200) square feet in area and not to exceed fifteen (15) feet. Within publicly owned and maintained park and recreation facilities, other types of signs may be permitted as authorized by the public agency with jurisdiction. For privately owned facilities, other types of signs shall be permitted as authorized by the planning director as part of an overall master signage program for the facility.

(Ord. No. G-8226, § 69, 11-8-11)

Landscaping in the PR district shall be provided in accordance with the requirements of Chapter 19.86 of this title. Where the site abuts a residential zoning district, a six (6) foot high solid wooden fence, masonry wall, or similar solid screening fence or wall approved by the Director of the Kern County Parks and Recreation Department, shall be constructed.

(Ord. No. G-8226, § 69, 11-8-11)

19.45.130 - Special review procedures and development standards.

A.

All development in the PR district shall comply with the minimum standards set out in Chapter 19.80 of this title, except as otherwise provided for in this chapter. Deviations from the requirements of Chapter 19.80

may be permitted for uses requiring approval of a conditional use permit, as specified in the conditions of approval. Additionally, for privately owned park sites, the proposed development shall be reviewed and approved by the Director of the Kern County Parks and Recreation Department.

B.

Passive recreational uses may include any of the following: turf playfields with no improvements; botanical gardens; community gardens; bicycle, equestrian, or pedestrian trails; restrooms; playgrounds, sports courts with night lighting that is not closer than one hundred (100) feet from residentially zoned parcels or homes; tables; benches; Frisbee disk courses; skateboard ramps; picnic shelters; shade structures; cooking grills; horseshoe pits; oval running tracks; dog parks, spray parks; decorative ponds, small office, and storage buildings; trash or maintenance equipment or other structures and uses determined by the planning director to be consistent with the intent of this subsection.

Passive recreational use sites shall additionally be subject to the following standards:

1.

Passive recreational use sites equipped with restroom facilities shall be provided with drinking fountains.

2.

Passive recreational use site lighting shall be limited to security lighting and lighting for landscaping areas or pathways and shall be subject to Chapter 19.81 of this title. Additionally, light standards shall not exceed a height of twenty-five (25) feet and shall be mounted, aimed, and shielded so that their beams fall within the primary playing area and immediate surroundings, and so that off-site light spillover onto any residentially zoned (E, R-1, R-2, R-3) property is minimized in accordance with Section 19.81.040(G)(1) of this title.

3.

Amplified sound speakers, public address systems, and live bands shall be permitted only upon the express written approval of the public agency with jurisdiction.

4.

Trash containers shall be provided and trash shall be regularly collected and removed from the site.

5.

Skateboard ramps and riding facilities shall be located no closer than one hundred fifty (150) feet to any offsite residence and shall not include lighting for nighttime use.

C.

Active recreational uses require approval of a conditional use permit and include: archery ranges; lakes for swimming or boating; concession stands, sports stadiums, arenas, or buildings; swimming pools; amusement rides; floodlight standards or buildings with a height in excess of twenty-five (25) feet; and, those uses specified under Section 19.45.030.

(Ord. No. G-8226, § 69, 11-8-11; Ord. No. G-8229, § 3, 11-8-11)

Chapter 19.46 - NATURAL RESOURCE (NR) DISTRICT

The purpose of the Natural Resource (NR) district is to designate lands that contain productive or potentially productive petroleum, mineral or timber resources and to prevent the encroachment of incompatible uses onto such lands. Uses in the NR district are limited to resource exploration, production and transportation, and to compatible activities. The minimum lot size shall be five (5) gross acres unless the NR district is combined with the Lot Size Combining district where a larger minimum lot size is specified. No final tract map subdivisions are permitted in the NR district. The NR district may be applied only in areas designated map codes 8.2, 8.3, 8.4 and 8.5 by the Kern County general plan and in areas designated "Extensive Agriculture" or "Mineral and Petroleum" by the Metropolitan Bakersfield 2010 general plan.

(Ord. G-6864 § 44, 2002: Prior code § 7100.01)

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 NR district:

A.

Residential Uses.

— Manager, caretaker or proprietor quarters, including a mobilehome;

B.

Agricultural Uses.

1.

Growing and harvesting crops:

• Berry crops

• Bush crops

• Christmas trees

• Field crops, dry land

• Field crops, irrigated

• Flowers and horticultural specialties, wholesale only

• Nursery, plant, wholesale only

— Nut and fruit trees

— Timber

— Vegetables

— Vine crops,

Breeding and raising animals:

— Bee keeping

— Beef cattle or livestock grazing

• Fish and frogs

— Poultry, including the hatching, breeding, raising, butchering, processing or shipping of chickens, turkeys, other fowl, or poultry, including eggs

• Rabbits and fur-bearing animals

• Horses, donkeys, mules, hogs, sheep, goats or dairy stock;

C.

Industrial Uses.

Industrial storage:

— Bottled gas, when accessory to on-site production

— Cargo containers, when accessory and incidental to a permitted use

• Firewood

— Oilfield-related contractor's storage yard*

— Petroleum, when accessory to on-site production;

2.

Other industrial uses:

— Oilfield service yards*;

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. Microwave towers are also permitted pursuant to this section provided that there is a minimum setback of three hundred (300) feet from any dwelling

— Utility substation;

E.

Resource Extraction and Energy Development Uses.

— Accessory structures and equipment storage for natural resource extraction or processing uses

— Explosives storage, temporary, subject to approval by the Kern County fire department

— 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;

F.

Miscellaneous Uses.

— Commercial coach, when incidental to a permitted use

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

• Garage or yard sales pursuant to subsection (A) of Section 19.46.130 of this chapter

• Hunting or fishing club, not involving buildings or structures

— Water storage or groundwater recharge facilities

— Water system, small or large

— Wildlife or nature preserve.

(Ord. G-7012 § 43, 2003; Ord. G-6968 § 46, 2003; Ord. G-6864 §§ 45, 46, 2002; Ord. G-6551 § 82, 1998; Ord. G-6412 § 51, 1997; Ord. G-6191 §§ 64, 65, 1995; Ord. G-6077 § 187, 1994; Ord. G-5966 §§ 95, 96, 97, 1993; Ord. G-5684 §§ 73, 74, 1991; Ord. G-5030 § 10, 1989; Ord. G-5029 § 10, 1989; Ord. G-4832 § 143, 1988; Prior code § 7100.02)

(Ord. No. G-8226, § 70, 11-8-11; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 13, 3-8-21)

• 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.

19.46.030 - 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 NR 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.

Residential Uses.

— Farm labor or nonfarm-related employer owned housing for employees associated with a permitted use or a conditionally permitted use

— Logging camp

— Single-family dwelling (including a mobilehome), one (1) per lot, not accessory to a permitted or conditionally permitted use;

B.

Agricultural Uses.

Agricultural industries:

— Agricultural chemical, storage and repackaging

— Agricultural pesticide and herbicide, blending and distribution

— Agricultural services laboratory

• Agricultural trucking facilities

— Animal product processing, including slaughter

— Commercial livestock feed storage and sales

• Contract harvesting

• Dead animal and fat rendering

• Farm machinery and equipment repair

• Fertilizer manufacture and storage

• Saw or planing mill

• Soil amendment, blending and distribution;

C.

Recreation, Entertainment, and Tourist Facilities.

— Boat dock, private

— Equestrian establishment

— Park or playground

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

— Recreational vehicle park

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets;

D.

Industrial Uses.

Industrial manufacturing or assembly:

— Brick manufacturing

— Cement

— Concrete block manufacturing

— Oil refining

• Mining products milling

— Powder coating, spray painting and sandblasting,

Industrial storage:

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

— Mining, oilfield or logging-related truck and heavy equipment parking and storage;

E.

Transportation Facilities.

• Airport, private

• Airport, public use

— Heliport;

F.

Utility and Communications Facilities.

— Radio, television or commercial communications transmitter, receiver or translator, including microwave towers less than three hundred (300) feet from a dwelling, except as specified in subsection (D) of Section 19.46.020 of this chapter;

G.

Resource Extraction and Energy Development Uses.

— Cogeneration facility or steam generators

— Concrete or asphalt batch plant

— Electric power generating plant

— Explosives storage

— 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, commercial or domestic;

H.

Waste Facilities.

— 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 storage and transfer site

• Sewage sludge, animal waste or greenwaste composting

• Sewage treatment plant

• Soil reclamation or remediation for soils contaminated with nonhazardous materials

• Transfer station, large

— Transfer station, small;

I.

Institutional Uses.

• Cemetery

• Charitable or public service organization

• Community or regional correctional or similar involuntary detention facilities

• Community or senior citizens center

• Museum

• Public agency or public utility buildings or facilities;

J.

Educational Institutions and Schools.

• Preschool

• Elementary school

• Junior high school

• Senior high school

• College or university;

K.

Miscellaneous Uses.

• Animal shelter

— Corporate or administrative offices 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

• Wild animal keeping.

(Ord. G-7012 §§ 45, 46, 2003; Ord. G-6968 § 48, 2003; Ord G-6870 § 12, 2002; Ord. G-6864 §§ 48—50, 2002; Ord. G-6551 § 84, 1998; Ord. G-6412 § 53, 1997; Ord. G-6305 § 12, 1996; Ord. G-6191 § 67, 1995; Ord. G-6077 §§ 189, 190, 1994; Ord. G-5966 §§ 99, 100, 101, 102, 103 1993; Ord. G-5803 § 43, 1992; Ord.

G-5346 § 75, 1990; Ord. G-5030 § 11, 1989; Ord. G-5029 § 11, 1989; Ord. G-4832 §§ 144—147, 1988; prior code § 7100.03)

(Ord. No. G-8226, § 71, 11-8-11; Ord. No. G-8656, § 6, 7-26-16; Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 14, 3-8-21)

All other uses not permitted by Sections 19.46.020 and 19.46.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the NR district, including final map subdivisions.

(Ord. G-7189 § 48, 2005: prior code § 7100.04)

No portion of any lot within the NR district shall contain less than five (5) gross acres or as otherwise 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.

(Prior code § 7100.05)

Except for employee housing and dwellings accessory or incidental to a permitted use on the property, there shall be no more than one (1) single-family dwelling per legal lot in the NR district.

(Ord. 5966 § 105, 1993: prior code § 7100.06)

The following yard and setback requirements apply in the NR 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 minimum front-yard 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 have a side yard of not less than ten (10) feet from the rightof-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.

D.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 86, 1998: Ord. G-4832 § 148, 1988; prior code § 7100.07)

The following height limits apply in the NR district:

A.

No building or permanent structure shall exceed six (6) stories or seventy-five (75) feet in height, except as otherwise authorized in conjunction with approval of a conditionally permitted use.

B.

Buildings and structures shall not exceed the maximum permitted heights in areas of protected military airspace as specified in Section 19.08.160.

(Prior code § 7100.08)

(Ord. No. G-8226, § 72, 11-8-11)

19.46.090 - Minimum distance between structures.

Minimum distance between structures in the NR district shall be as follows:

A.

There shall be a minimum of ten (10) feet between residential buildings.

B.

There shall be a minimum of six (6) feet between a residential building and an accessory building or between accessory buildings.

(Prior code § 7100.09)

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

(Prior code § 7100.10)

19.46.110 - Signs.

A.

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

1.

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

2.

Temporary construction signs;

3.

Temporary political, religious and civic campaign signs;

4.

Agricultural signs;

5.

Signs attached to buildings;

6.

Monument signs, not to exceed one hundred (100) square feet in area each;

7.

Pole signs, not to exceed two hundred (200) square feet in area each;

8.

Oilfield identification signs.

B.

The maximum permitted area of all signs shall not exceed three (3) square feet for each lineal foot of street frontage.

(Ord. G-5861 § 24, 1992: Ord. G-5684 § 75, 1991: prior code § 7100.11)

Landscaping is not required in the NR district.

(Ord. G-5966 § 106, 1993: prior code § 7100.12)

19.46.130 - Special review procedures and development standards.

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

A.

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.

B.

Development in the NR district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

(Prior code § 7100.13)

Chapter 19.48 - DRILLING ISLAND (DI) DISTRICT

The purpose of the Drilling Island (DI) district is to designate single lots and relatively small areas within the boundaries of final map subdivisions and mobilehome parks that contain productive or potentially productive petroleum resources to promote the development of such resources in a manner compatible with surrounding development. Uses in the DI district are limited to petroleum and gas exploration, production and transportation, and to compatible open space and recreational uses.

(Prior code § 7105.01)

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 DI district:

A.

Resource extraction and energy development uses:

— Oil or gas exploration and production pursuant to Section 19.98.050 of this title.

— 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.

(Ord. G-7482 § 77, 2007; prior code § 7105.02)

19.48.030 - Uses permitted with a conditional use permit.

The following uses are permitted in the DI district with a conditional use permit:

A.

Recreation, entertainment and tourist facilities:

— Park or playground;

B.

Miscellaneous uses:

— Auto parking lot

— Recreational vehicle or boat storage, private, when contiguous to, and for the benefit of, a residential development

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

— Subdivision drainage sump, provided that mineral rights owners have given written consent.

(Ord. G-6967 § 23, 2003; Ord. G-6077 § 192, 1994; prior code § 7105.03)

(Ord. No. G-8226, § 73, 11-8-11)

All other uses not permitted by Sections 19.48.020 and 19.48.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the DI district.

(Ord. G-7189 § 49, 2005: prior code § 7105.04)

No portion of any lot within the DI district shall contain less than two and one-half (2½) gross acres.

(Prior code § 7105.05)

19.48.060 - Minimum lot area per dwelling unit.

There is no requirement for minimum lot area per dwelling unit in the DI district. Dwellings are not permitted.

(Prior code § 7105.06)

Pursuant to subsection (A) of Section 19.98.050 of this title, no oil or gas well shall be drilled within one hundred (100) feet of the right-of-way of any public highway, proposed public highway, official plan line or specific plan line in the DI district.

(Prior code § 7105.07)

19.48.080 - Height limits.

Height limits in the DI District are as follows:

A.

None on derricks and other equipment used during the exploration and drilling phase of development.

B.

Pumping units shall not exceed eighty (80) feet in height.

(Prior code § 7105.08)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 15, 3-8-21)

19.48.090 - Minimum distance between structures.

Minimum distance between structures in the DI district shall be per the requirements of Section 19.98.050 of this title.

(Prior code § 7105.09)

There is no minimum requirement for parking in the DI district; provided, however, that all vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust-binding material.

(Prior code § 7105.10)

19.48.110 - Signs.

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

A.

Directional, warning signs, and identification signs, not to exceed two (2) square feet each;

B.

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.

(Prior code § 7105.11)

Landscaping in the DI district shall be as approved by the planning director in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title.

(Ord. G-6077 § 194, 1994: prior code § 7105.12)

19.48.130 - Special review procedures and development standards.

A.

All drilling and other hydrocarbon development activity in the DI District shall be carried out in accordance with the standards and procedures set out in Section 19.98.060 of this title. All activities subject to an oil

and gas conformity review or minor activity review shall comply with the provisions of Section 19.98.060 of the title.

B.

Development in the DI District shall comply with the interpretations and provisions of Chapter 19.08 of this title.

(Prior code § 7105.13)

(Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 16, 3-8-21)

Chapter 19.50 - FLOODPLAIN PRIMARY (FPP) DISTRICT

A.

The purpose of the Floodplain Primary (FPP) district is to protect the public health and safety and minimize property damage by designating areas that are subject to flooding with high velocities or depths and by establishing reasonable restrictions on land use in such areas. The FPP district shall be applied to those areas lying within the "floodway" as shown on the Flood Boundary Floodway Map (FBFM) or within the "designated floodway" on the state of California's Board of Reclamation's Kern River Designated Floodway Studies, or other maps where engineering studies have been made and adopted by the county board of supervisors. Uses in the FPP district are limited to those low intensity uses not involving buildings, structures and other activities that might adversely affect or be adversely affected by flow of water in the floodway.

B.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by manmade or natural causes, such as bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the county of Kern or any officer or employee thereof for any flood damage that may result from reliance on this chapter or any administrative decisions lawfully made hereunder.

(Prior code § 7110.01)

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 FPP district:

A.

Agricultural Uses.

Growing and harvesting crops:

• Berry crops

— Bush crops

— Field crops, dry land

— Field crops, irrigated

— Flowers and horticulture specialties

— Vegetables

— Vine crops,

Breeding and raising animals:

— Beef cattle or livestock grazing, excluding fencing and other related facilities which may obstruct flood flows;

B.

Utility and communication facilities:

— Transmission lines for gas, electricity, telephone or telegraph service owned and operated by a public utility company, not including building, structure or development which may obstruct flood flows;

C.

Resource extraction and energy development uses:

— Oil or gas exploration and production pursuant to subsection (C) of Section 19.50.130 of this chapter;

D.

Miscellaneous uses:

— Flood control facilities

— Hunting or fishing club, not involving buildings or structures

— Water storage or groundwater recharge facilities

— Wildlife or nature preserve, not involving buildings or structures.

(Prior code § 7110.02)

19.50.030 - 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 chapter are permitted in the FPP 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.

Recreational, entertainment and tourist facilities:

— Campground, private, not involving buildings or structures

— Fishing or fly casting pond, not involving buildings or structures

— Golf course, not involving buildings or structures

— Golf driving range, not involving buildings or structures

— Hiking or equestrian trail

— Lakes, private, for recreational skiing or boating, not involving buildings or structures

— Park or playground, not involving buildings or structures

— Roads or trails for motor driven vehicles

— Whitewater rafting launch or landing site, not involving buildings or structures;

B.

Residential uses:

— Single-family dwelling or manufactured home where the development would not encroach into the channel in such a manner so as to obstruct the natural flow of waters and which will not result in any public or private health or safety hazard, as determined by the Floodplain Administrator and the director of the Kern County environmental health services department;

C.

Transportation facilities:

— Auto parking lot, not involving buildings or structures;

D.

Resource extraction and energy development uses:

— Mining and mineral extraction pursuant to Chapter 19.100.

(Ord. G-6872 § 2, 2002; Ord. G-6077 § 195, 1994; Ord. G-5803 § 45, 1992; Ord. G-4993 § 37, 1989; prior code § 7110.03)

All other uses not permitted by Sections 19.50.020 and 19.50.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the FPP district, including:

A.

Buildings, structures, mobilehomes, other improvements or accessory uses, or development that would encroach into the channel and obstruct the natural flow of waters within a designated floodway or which will in any manner endanger life and property;

B.

All public and private sewage disposal systems or any part thereof;

C.

Any use which may endanger temporary safeguards which have been erected until such time as flood protection or control works have been constructed;

D.

Land fill, sumps or excavation of a similar nature that would obstruct the natural flow of floodwater within a designated floodway;

E.

All uses that are likely to increase the flood hazard or in any way affect the water-carrying capacity of the designated floodway;

F.

Dumping, stockpiling or storage of floatable substances or other materials which, in the opinion of the Kern County engineering and survey services department, will add to the debris load of the stream or watercourse;

G.

Commercial cattle or livestock feed yards, auction yards, dairies, junk or salvage yards, billboards and other advertising structures of any kind or type which may have residential, commercial or industrial connotations;

H.

Storage tanks, sumps, processing equipment or other similar facilities related to oil and gas production not expressly permitted pursuant to Section 19.50.020 and subsection (C) of Section 19.50.130 of this chapter;

I.

Sources of water supply (e.g., wells, springs, etc.) unless protected by flood control devices approved by the Kern County engineering and survey services department and constructed in accordance with the

requirements of the Kern County health department or Kern County engineering and survey services department, whichever has jurisdiction, so as to minimize infiltration of floodwaters;

J.

Tree farming, unless it can be shown to the Kern County planning department that the spacing of the trees will not cause a rise in the base flood elevation or that the trees will not add to the debris load of the stream.

(Ord. G-7189 § 50, 2005; Ord. G-6191 §§ 69, 70, 1995; Ord. G-6077 § 197, 1994: prior code § 7110.04)

19.50.050 - Minimum lot size.

There is no minimum lot size requirement in the FPP district.

(Prior code § 7110.05)

19.50.060 - Minimum lot area per dwelling unit.

There is no requirement for minimum lot area per dwelling unit in the FPP district. Dwellings are not permitted.

(Prior code § 7110.06)

19.50.070 - Yards and setbacks.

There are no yard and setback requirements in the FPP district. Buildings and structures are not permitted.

(Prior code § 7110.07)

19.50.080 - Height limits.

There are no height limit requirements in the FPP district. Buildings and structures are not permitted.

(Prior code § 7110.08)

There is no requirement for minimum distance between structures in the FPP district. Buildings and structures are not permitted.

(Prior code § 7110.09)

19.50.100 - Parking.

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

(Prior code § 7110.10)

19.50.110 - Signs.

The following signs are permitted in the FPP district:

A.

Temporary real estate signs advertising the property for sale or rent, not to exceed eight (8) square feet each, excluding the area of any vertical and/or horizontal support members;

B.

As provided by Section 19.50.130 of this chapter.

(Prior code § 7110.11)

19.50.120 - Landscaping.

Landscaping is not required in the FPP district.

(Prior code § 7110.12)

19.50.130 - Special review procedures and development standards.

A.

All development within the FPP District is subject to the requirements of the Flood Damage Prevention Ordinance, Chapter 17.48 of this code.

B.

Development in the FPP District shall comply with the interpretations and provisions of Chapter 19.08 of this title.

C.

Oil or gas exploration and production shall comply with Section 19.98.060 and the following standards:

1.

The following uses are permitted within the FPP District if they will not obstruct flows, will not cause peripheral flooding of other properties, will not cause any increase in flood levels during the occurrence of the base flood discharge, will be resistant to floatation and immune to extensive damage by flooding, and will not endanger life or property:

a.

All oil or gas wells, including pumps and all other associated equipment.

b.

Feasible remedial work, improvements, and flood-proofing of facilities.

No oil or gas well shall be drilled on the slope or within ten (10) feet of the top or toe of the bank of a river or stream located within the FPP District. The required setback on the top of bank shall be measured from an imaginary plane on a slope two (2) horizontal to one (1) vertical projected upward from the toe of the existing bank.

3.

All oil or gas wells in the FPP District, including pumps and all other associated equipment, shall be designed such that they are resistant to damage by flooding.

4.

All pipelines in the FPP District shall be flood-proofed by burial to sufficient depth to prevent rupture during flood conditions or by suspension at least two (2) feet above the surface of the base flood. Supports for elevated pipelines shall also carry a catwalk to facilitate removal of debris caught by supports during floods.

5.

The location of all buried pipelines shall be recorded on appropriate maps by the company that owns said pipelines, and the maps shall be made available to any public agency that shall request a copy.

6.

All drilling, redrilling, and producing, including remedial work, well pulling, work-overs, and deepening, shall conform to all applicable fire, safety, spacing, and environmental state law and regulations.

7.

Proven technological improvements generally accepted and used in drilling and production methods shall be adopted as they may from time to time become available, if capable of reducing factors of nuisance and annoyance.

8.

Prior to the commencement of any drilling, a copy of a spill prevention control and countermeasure plan, as required by the United States Environmental Protection Agency, shall be filed with the Kern County public works department.

9.

All pumps expected to be inaccessible during times of flood shall be equipped with an accessible remote switch to shut off the pumps during emergencies.

10.

The derrick, all boilers, and all other drilling equipment used pursuant to this chapter to drill any well hole or to repair, clean out, deepen, or redrill any completed or drilling well shall be removed within ninety (90) days after completion of production tests following completion of such drilling, or after abandonment of any well, unless such derrick, boilers, and drilling equipment are to be used within a reasonable time limit,

determined by the Kern County public works department, for the drilling of another well or wells on the premises.

11.

After any well has been placed in production, no earthen sumps shall be used for the storage of petroleum or gas.

12.

Within ninety (90) days after any well has been placed in production or after its abandonment, earthen sumps used in drilling or production or both shall be emptied by vacuum truck or other approved means, then filled, and the drilling site restored as nearly as practicable to a uniform grade, unless such sumps are to be used within a reasonable time limit, as determined by the Kern County public works department.

13.

Any derrick used for servicing operations shall be of the portable type; provided, however, that upon presentation of proof that the well is of such depth or has such other characteristics, or for other cause, that a portable-type derrick will not properly service such well, the Kern County public works department may approve the use of a standard type of derrick.

14.

Directional and warning signs, and those required for identification of the well, shall be constructed, erected, placed, or maintained on the premises, except those required by law to be displayed in connection with the drilling or maintenance of the well.

15.

If a producing or service well is not secured twelve (12) months from the date of commencement of drilling operations or any extended period granted by the Kern County public works department, the premises shall be restored to the original condition as nearly as practicable to do so. If at the expiration of the twelve(12-) month period, the drilling program has not been completed, the Kern County public works department may, upon a written request, grant an additional period of time as requested for the completion of such drilling program.

(Ord. G-6191 § 72, 1995; Ord. G-6077 § 198, 1994; Ord. G-4993 §§ 38, 39, 1989; Prior code § 7110.13) (Res. No. 2020-116, § 2, 5-19-20; Ord. No. G-8992, § 17, 3-8-21)

Chapter 19.52 - SPECIAL PLANNING (SP) DISTRICT

The purpose of the Special Planning (SP) district is to encourage and facilitate the creative and innovative use of land which may otherwise be limited or prohibited by the standard provisions of other parts of this title. The SP district is designed to allow diversity in the relationship between buildings and open spaces so as to create unique, interesting physical environments that maximize usable open space, while at the same

time to preserve the public health, safety and welfare. All development in the SP district shall be consistent with the county general plan. Development within the SP district shall conform to the standards specified elsewhere in this title for similar uses except to the extent that benefits will accrue to the public by deviation from such standards. The application of the SP district to land may only be initiated by application of the landowner or his/her representative.

(Prior code § 7115.01)

Any uses consistent with the county general plan land use category applicable to the subject property and which will not be in conflict with the public health, safety and welfare are permitted in the SP district in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter.

(Prior code § 7115.02)

19.52.030 - Uses permitted with a conditional use permit.

No uses are permitted with a conditional use permit in the SP district. All uses are subject to approval in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter.

(Prior code § 7115.03)

Uses inconsistent with the county general plan land use category applicable to the area and uses that would be in conflict with the public health, safety, and welfare, and accessory uses inconsistent with Section 19.08.110, are prohibited in the SP district.

(Ord. G-7189 § 52, 2005: prior code § 7115.04)

Minimum lot size requirements in the SP district are as established in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter.

(Prior code § 7115.05)

Requirements for minimum lot area per dwelling unit in the SP district are as established in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter.

(Prior code § 7115.06)

19.52.070 - Yards and setbacks.

Yard and setback requirements in the SP district are as established in accordance with the standards and procedures set out in Section 7115.13.

(Prior code § 7115.07)

Height limit requirements in the SP district are as established in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter.

(Prior code § 7115.08)

Requirements for minimum distance between structures in the SP district are as established in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter, however, buildings and structures shall not exceed the maximum permitted height in areas of protected military airspace as specified in Section 19.08.160.

(Ord. G-7189 § 53, 2005: prior code § 7115.09)

(Ord. No. G-8226, § 74, 11-8-11)

Parking requirements in the SP district are as established in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter.

(Prior code § 7115.10)

19.52.110 - Signs.

The following signs are permitted in the SP district:

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 identification signs;

D.

Temporary construction signs;

E.

As established in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter.

(Prior code § 7115.11)

Landscaping requirements in the SP district are as established in accordance with the standards and procedures set out in Sections 19.52.130 through 19.52.180 of this chapter.

(Prior code § 7115.12)

19.52.130 - Special review procedures and development standards.

The SP district may only be initiated by the property owner or his/her authorized representative. An SP district shall be established in accordance with the procedures set out in Chapter 19.112 of this title and in conjunction with review and approval of a site development plan in accordance with the procedures set out in Sections 19.102.190 through 19.102.230 of this title.

(Prior code § 7115.13 (part))

19.52.140 - Site development plan review application—Contents.

An application for a site development plan review in the SP district shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

A site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Topography of the lot(s),

Proposed street system and parking areas,

3.

Lot design,

4.

Location of buildings,

5.

Location of other proposed uses,

6.

Proposed setbacks,

7.

Areas to be reserved for parks, schools or public or quasi-public buildings,

8.

Proposed landscaping,

9.

Water supply and distribution,

10.

Sewage disposal system,

11.

Drainage system,

12.

North arrow;

F.

Acres of each proposed land use;

G.

Number of dwelling units per acre, if applicable;

H.

A narrative description of the proposed development, including:

1.

An explanation of the proposed deviations from the standards that would otherwise apply to the proposed uses and why the deviations are necessary or desirable,

2.

Phasing or development schedule.

(Ord. G-6077 § 200, 1994; Prior code § 7115.13(A))

19.52.150 - Development standards and conditions.

Development within the SP district shall comply with the following standards:

A.

All development shall be consistent with the goals and policies of the county general plan and with the uses and density or intensity standards of the county general plan land use category applicable to the area in which the property is located.

B.

Development within the SP district shall be demonstratively superior to the development that could occur under any other zoning district or combination of zoning districts authorized by this title that are consistent with the county general plan land use category applicable to the subject property. In making this determination, the following factors shall be considered:

1.

Appropriateness of the use at the proposed location;

2.

The mix of housing styles and costs;

3.

Provision of units affordable to persons and families of low and moderate income or to lower-income households;

4.

Provision of infrastructure improvements, including community water distribution and sewage collection and treatment systems;

5.

Provision of open space;

Compatibility of uses within the development area;

7.

Use of innovative technology and materials;

8.

Overall contribution to the enhancement of the environment of the county;

9.

Creativity in design and use of land.

C.

The SP district may only be applied to areas containing five (5) acres or more.

(Prior code § 7115.13(B))

19.52.160 - Adoption by ordinance.

Each SP district shall be adopted by ordinance and shall include all standards and conditions approved in connection with the review of the site development plan application. Each SP district shall be referenced by ordinance number on the official zoning maps.

(Prior code § 7115.13(C))

19.52.170 - Time limit on development approval.

A.

If development approved pursuant to this chapter has not commenced within three (3) years of the approval, the board of supervisors shall initiate a reclassification of the property in accordance with the procedures set out in Chapter 19.112 of this title, unless:

1.

Building permits for approved development have been issued;

2.

A tentative subdivision or parcel map for proposed development has been approved; or

3.

A written request for an extension has been filed with and approved by the planning director before the expiration of the three (3) year period. Such extension shall not exceed three (3) years from the expiration of the initial three (3) year period; or

A development agreement has been approved in accordance with Chapter 19.103 of this title.

In any event, development approved in accordance with this chapter shall be commenced or necessary final subdivision maps recorded within six (6) years of the original approval or such other time as may be allowed by a tentative subdivision or parcel map or development agreement.

B.

If the time limits specified in subsection (A) of this section are not met, the board of supervisors shall initiate reclassification of the property to a zoning district or districts consistent with the county general plan in accordance with procedures set out in Chapter 19.112 of this title.

(Ord. G-6641 § 33, 1999: Ord. G-6077 § 202, 1994; Prior code § 7115.13(D))

The planning director may approve minor plan modifications to an approved SP site development plan in accordance with the procedures set out in Sections 19.102.040 through 19.102.060 of this title, if the planning director determines that the modification(s) does not constitute a substantial change in the approved project.

(Ord. G-6077 § 204, 1994: Prior code § 7115.13(E))

Chapter 19.53 - PLATTED LANDS (PL) DISTRICT

The purpose of the Platted Lands (PL) district is to recognize legally existing lots within recorded subdivisions which had been rendered nonconforming with regard to minimum lot size requirements of the various resource designations (8.1, 8.2, 8.3, 8.4 and 8.5) of the county general plan. Uses in the PL district are limited primarily to residential uses and other activities compatible with the area to which the PL district is applied. Future land divisions within the PL district are prohibited.

(Ord. G-4832 § 149 (part), 1988)

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 PL district:

A.

Agricultural Uses.

— Breeding and raising animals pursuant to Section 19.53.130 of this chapter

• Growing of agricultural crops for domestic use of resident/occupant;

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 19.53.130

— Manufactured home, pursuant to Section 19.53.130.D

— Residential accessory structures

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

— Single-family dwelling, with a width greater than sixteen (16) feet, one (1) per legal lot only

C.

Recreational, Entertainment and Tourist Facilities.

— Community recreational facilities;

D.

Utility and Communications Facilities.

— Transmission lines and supporting towers, poles, pipelines 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.

— Small wind energy system, pursuant to Section 19.08.415

— Solar energy electrical generator with a rated capacity of no greater than five (5) kilowatts for on-site consumption of the electricity;

F.

Miscellaneous Uses.

— Day care home, large family, pursuant to Chapter 19.96 of this title

— Day care home, small family

— Garage or yard sales pursuant to subsection (C) of Section 19.53.130

— Home occupation pursuant to Chapter 19.94 of this title

— Water system, small or large.

(Ord. G-6968 § 50, 2003; Ord. G-5966 § 107, 1993; Ord. G-4916 § 14, 1989; Ord. G-4832 § 149 (part), 1988)

• (Ord. No. G-7821, § 58, 1-27-09; Ord. No. G-8725, § 15, 7-11-17)

19.53.030 - 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 PL district subject to a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

• Community care facility

• Manufactured home or mobilehome, pursuant to subsection (D)(6) of Section 19.53.130 of this chapter

• Rest home

• Retirement home

• Single-family dwelling, with a width of sixteen (16) feet or less, one (1) per legal lot;

B.

Recreation, Entertainment, and Tourist Facilities.

• Country club

• Golf course

• Golf driving range

• Park or playground

• Swimming pool, public

• Tennis or swim club;

C.

Commercial Uses.

1.

Offices:

• Temporary on-site real estate tract sales,

Services:

— Ambulance;

D.

Utility and Communications Facilities.

• Radio, television, microwave or commercial communications transmitter, receiver or translator

• Utility substation;

E.

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

• Solar energy electrical generators, commercial or domestic, exceeding five (5) kilowatts capacity

— Wind-driven electrical generators, commercial or domestic;

F.

Waste Facilities.

• Sewage treatment plant;

G.

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 buildings and facilities

• Sanitarium

• Water treatment plant;

H.

Educational Institutions and Schools.

1.

General:

• College or university

• Elementary school

• Junior high school

• Preschool

• Senior high school;

• I.

Miscellaneous Uses.

• Day care center

• Community septic disposal system

• Drainage sump

• Flood control facilities

• Railroad caboose and similar accessory structures

• Water storage or groundwater recharge facilities.

(Ord. G-6968 § 52, 2003; Ord. G-6412 § 54, 1997; Ord. G-5966 § 109, 1993; Ord. G-5684 §§ 76, 77, 1991; Ord. G-4916 § 15, 1989; Ord. G-4832 § 149 (part), 1988)

(Ord. No. G-7821, § 60, 1-27-09)

All other uses not permitted by Sections 19.53.020 and 19.53.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the PL district.

(Ord. G-7189 § 54, 2005: Ord. G-4832 § 149 (part), 1988)

No lot within the PL district shall contain less than the area existing within the lot on April 15, 1982, 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-4832 § 149 (part), 1988)

Except as otherwise provided in Section 19.53.030 of this chapter, there shall be no more than one (1) dwelling unit per legal lot in the PL district.

(Ord. G-4832 § 149 (part), 1988)

A.

Front Yard. Except as otherwise provided in Section 19.08.120 of this title, the front yard minimum setback for all buildings in the PL district 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 § 149 (part), 1988)

The following height limits apply in the PL district:

A.

Residential 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-4832 § 149 (part), 1988)

(Ord. No. G-8226, § 75, 11-8-11)

19.53.090 - Minimum distance between structures.

A.

There shall be a minimum distance of ten (10) feet between residential structures in the PL district.

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, at least one hundred (100) feet from the front lot line, at least twenty-five (25) feet from the street side lot line on a corner lot, and at least one hundred (100) feet away from any public park, school, hospital or similar institution.

(Ord. G-4832 § 149 (part), 1988)

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

(Ord. G-4832 § 149 (part), 1988)

The following types of signs are permitted in the PL 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.

Permanent subdivision signs;

C.

Temporary construction signs;

D.

Temporary political, religious and civic campaign signs;

E.

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

(Ord. G-4832 § 149 (part), 1988)

19.53.120 - Landscaping.

There are no landscaping requirements for the PL district.

(Ord. G-4832 § 149 (part), 1988)

19.53.130 - Special review procedures and development standards.

A.

In the PL district, the breeding and raising of animals permitted pursuant to subsection (A) of Section 19.53.020 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 19.53.090(B).

B.

A mobilehome or recreational vehicle permitted as a temporary dwelling pursuant to subsection (B) of Section 19.53.020 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 (B) (3) of this section 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.

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 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.

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

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:

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.

E.

Development in the PL district shall also comply with the interpretations and provisions of Chapter 19.08 of this title.

(Ord. G-6417 § 7, 1997; Ord. G-6077 § 205, 1994; Ord. G-5966 § 111, 1993; Ord. G-4916 § 16, 1989; Ord. G-4832 § 149 (part), 1988)

Chapter 19.54 - LOT SIZE COMBINING DISTRICT

The purpose of the Lot Size combining district is to provide for various lot sizes in the Estate (E) and Natural Resource (NR) districts. The minimum lot size specified for E and NR districts will vary by combination with the Lot Size combining district. The numerical designation following an E or NR designation in parenthesis (e.g., E (½ acre)) will specify the minimum lot size in that district. The basis for the minimum lot size applied to an area shall include neighborhood character, compatibility with surrounding uses, and consistency with the county general plan. In no case shall the Lot Size combining district establish a lot size less than the minimum specified by the base district with which the Lot Size combining district is combined.

(Ord. G-6297 § 51, 1996: Prior code § 7120.01)

Uses permitted in a Lot Size combining district are those uses permitted by the base district with which the Lot Size combining district is combined.

(Prior code § 7120.02)

Conditional uses permitted in a Lot Size combining district are those conditional uses permitted by the base district with which the Lot Size combining district is combined.

(Prior code § 7120.03)

Uses prohibited in a Lot Size combining district are those uses prohibited by the base district with which the Lot Size combining district is combined.

(Prior code § 7120.04)

A.

The following minimum lot size designations may be applied to the E and NR Districts based on neighborhood character, compatibility with surrounding lot sizes in the area, and consistency with the County General Plan:

1.

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

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

3.

1 acre: One (1) net acre minimum lot area;

4.

2½ acres: Two and one-half (2½) gross acres minimum lot area 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) acres;

5.

Five (5) acres: Five (5) gross acres minimum lot area or one-half (½) of a quarter (¼) of a quarter (¼) of a quarter (¼) section of land, containing not less than four (4) acres;

6.

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

7.

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

8.

Forty (40) acres: Forty (40) gross acres minimum lot area or a quarter (¼) of a quarter (¼) section of land, containing not less than thirty-two (32) acres;

9.

Eighty (80) acres: Eighty (80) gross acres minimum lot area or a half (½) of a quarter (¼) section of land, containing not less than sixty-four (64) acres.

B.

In no event shall the minimum lot size exceed the density limit specified by the applicable general plan land use category.

(Ord. G-6297 § 52, 1996: Prior code § 7120.05)

(Ord. No. G-8558, § 3, 5-19-15)

19.54.060 - Minimum lot area per dwelling unit.

Requirements for minimum lot area per dwelling unit in a Lot Size combining district are per the requirements of the base district with which the Lot Size combining district is combined.

(Prior code § 7120.06)

Yard and setback requirements in a Lot Size combining district are per the requirements of the base district with which the Lot Size combining district is combined.

(Prior code § 7120.07)

Height limit requirements in a Lot Size combining district are per the requirements of the base district with which the Lot Size combining district is combined.

(Prior code § 7120.08)

Requirements for minimum distance between structures in a Lot Size combining district are per the requirements of the base district with which the Lot Size combining district is combined.

(Prior code § 7120.09)

Parking requirements in a Lot Size combining district are per the requirements of the base district with which the Lot Size combining district is combined.

(Prior code § 7120.10)

19.54.110 - Signs.

Sign requirements in a Lot Size combining district are per the requirements of the base district with which the Lot Size combining district is combined.

(Prior code § 7120.11)

Landscaping requirements in a Lot Size combining district are per the requirements of the base district with which the Lot Size combining district is combined.

(Prior code § 7120.12)

19.54.130 - Special review procedures and development standards.

Special review procedures and development standards in a Lot Size combining district are per the requirements of the base district with which the Lot Size combining district is combined.

(Prior code § 7120.13)