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The authority for the regulations contained in this title is based on section 7, article XI of the California Constitution, the provisions of the California planning and zoning law 1 which provide for the regulation of the intensity of land use and the adoption of standards for the regulation of population density, and the police power granted to municipalities by the laws of the state of California. (Ord. 768-08, 8-19-2008)
Notes
1 | 1. GOV title 7, division 1. |
All land, buildings and structures within the incorporated portions of the city shall be used only as hereinafter provided. No use of land, and no use, construction, maintenance, operation, reconstruction or enlargement of any building or structure shall be allowed unless permitted under the express provisions of this title or by other applicable ordinances of the city.
(A) Private Projects:
1. No land, building or structure shall be used, constructed, altered or maintained, except in conformance with the provisions of this title.
2. No use that requires a permit or approval under the provisions of this title shall be established or operated until the permit or approval is finally granted, and all conditions of the permit or approval have been complied with.
3. No use that requires a permit or approval under the provisions of this title shall be established or operated in violation of, or contrary to, any terms and conditions of the granted permit or approval.
4. No building or structure, or any part of an existing building or structure, may be constructed or altered in such a way as to cross a property line.
(B) Public Projects: Unless otherwise exempted, federal, state, county, city and any other governmental projects shall be subject to the provisions of this title, including projects operated by any combination of these agencies, or by a private person for the benefit of any such governmental agency.
(C) Legal Procedure: Any building or structure erected or maintained, or any use of property contrary to the provisions of this title, is hereby declared to be unlawful and a public nuisance, and the city attorney, code enforcement officer, district attorney or other authorized official may immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and may take such other steps, and may apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or use of any property contrary to the provisions of this title (it shall be the right and duty of every citizen to participate and assist city officials in the enforcement of the provisions of this title).
(D) Subdivisions:
1. The provisions of this title relating to subdivisions shall be controlled by section 66499.30 et seq., of the subdivision map act (map act) and title X, "Subdivisions", of this code.
2. The provisions of the city subdivision ordinance relating to the enforcement and judicial review of subdivisions, as defined in the map act, shall not apply to:
(a) Short term leases pursuant to Government Code section 66411 of the map act.
(b) The exclusions to the provisions of the map act pursuant to Government Code section 66412 therein.
(c) The financing and leasing of commercial and industrial buildings pursuant to Government Code section 66412.1 of the map act.
(d) The construction, financing and leasing of dwelling unit types pursuant to Government Code section 66412.2 of the map act.
(e) Small removable commercial buildings pursuant to Government Code section 66412.5 of the map act.
(f) Parcels created prior to March 4, 1972, pursuant to Government Code sections 66412.7 and 66412.8 of the map act.
(g) Subdivisions previously established pursuant to the provisions of Government Code section 66412.7 of the map act.
(h) The conveyance of land to a public entity for right of way pursuant to Government Code section 66426.5 of the map act. (Ord. 768-08, 8-19-2008)
(A) Officials Designated: The city manager, city attorney, district attorney, planning director, code enforcement officer, building official, public works director, or their designee, any duly authorized law enforcement officer, and any official charged with the issuance of licenses and permits shall enforce the provisions of this title.
(B) Issuance Of Permits, Certificates, Licenses: All officials and employees of the city, vested with the authority or duty to issue permits, shall confirm to the provisions of this title and shall not issue a permit, certificate or license for uses, purposes, buildings or structures in conflict with the provisions of this title. Any such permit, certificate or license issued in conflict with the provisions of this title shall be null and void.
(C) Notice Of Violation: Whenever an authorized official finds that a violation of this title exists on any property located within the city, he or she shall notify the property owner on which the violation is located and direct that the violation be abated in a manner consistent with this title (zoning ordinance).
(D) Remedies: All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.
(E) Continuing Violations: A continuing violation of this title is deemed a separate violation of this code for each and every day that such violation exists. (Ord. 768-08, 8-19-2008)
Except as otherwise specifically provided in this title, any person violating any provisions or failing to comply with any of the mandated requirements of this title (zoning ordinance) is guilty of an infraction. The general penalty for an infraction shall be subject to the provisions of sections 1-1-11, 1-1-12, and 1-1-13 of this code. (Ord. 782-10, 4-6-2010)
The provisions of this title are not intended to interfere or void any easements or legally established covenants or other existing agreements that are more restrictive than the provisions of this title. Except where the express provisions of this title or the context hereof amend any existing ordinance, nothing in this title shall be deemed to repeal any other ordinances relating to the properties and areas affected hereby.
All federally owned parcels affected by this title are subject to applicable federal laws, rules and policies. In the event a conflict exists between federal laws, rules and policies, and this title, the bureau of land management (BLM), in matters affecting mineral rights, will determine which shall prevail. Where federally owned mineral rights underlie a privately owned parcel, the BLM, or its mineral lessee, has the right of entry and to use as much of the surface as is reasonably necessary to sustain operations. Federal mineral rights cannot be declared abandoned or "not likely to be developed" as is commonly done in the private sector. Upon receipt of a proposal affecting private surface overlying federal mineral estates, the local authority and/or any party proposing an action on such surface land, is to contact the Bakersfield BLM office before proceeding. BLM should be contacted at the earliest stage possible so that conflicts, if any, can be minimized. In some cases, access to BLM managed minerals can be ensured by the use of "drilling islands" described in chapter 3, "Special Zone Districts", of this title. (Ord. 768-08, 8-19-2008)
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or district boundaries as set forth herein, it shall be the duty of the planning director to ascertain all pertinent facts and issue an interpretation of such ambiguity. The planning director's interpretation, which shall be documented along with an explanation of said interpretation, is subject to the appeal process as defined by section 6-2-19 of this title. (Ord. 768-08, 8-19-2008)
Any person, organization or entity who obtains or files an application to obtain a permit or approval pursuant to this title shall hold the city harmless from any liability, including any claims of the applicant arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law. (Ord. 768-08, 8-19-2008)
(A) Application: When a proposed use of property is not expressly authorized as a permitted use, or as a conditional use by the regulations of the applicable zone district, an application may be submitted to the planning department for a land use interpretation to determine whether or not the proposed use is similar to those uses permitted or conditionally permitted in the applicable zone district.
(B) Basis For Determination Of Similar Use: The determination of similar use shall constitute a ministerial action. In making a determination of similar use, the planning director, or the planning commission acting on referral or appeal, shall determine that a proposed use is similar to a use or uses expressly authorized in the applicable zoning district or districts if the proposed use meets the following criteria:
1. The use resembles or is of the same basic nature as a use expressly authorized in the applicable zone district in terms of the following:
(a) The activities involved in or equipment or materials employed in the use.
(b) The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations and appearance.
2. The use is consistent with the stated purpose of the applicable district. (Ord. 768-08, 8-19-2008)
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