“Business or commerce” is the purchase, sale, lease or financing or other transaction involving the handling, final sale, disposition or manufacture of any article or substance, or the rendering of any service.
For the purpose of this title, certain words and phrases are defined and certain provisions shall be construed as set forth in this chapter, unless it is apparent from the context that a different meaning is intended. (Prior code § 17.08.010)
“Accessory parking facility” means an attached or detached structure for the purpose of parking passenger vehicles that is secondary in nature and incidental to the primary use of the property. Said structures can be, but are not limited to, residential or commercial garages or carports. (Ord. 4521 § 1, 2008)
“Acreage, gross” means the entirety of the legal lot. (Ord. 5151 § 2, 2024)
“Acreage, net” means the calculated area based on buildable area plus local street. Net acreage does not include dedications of roadway for freeways, highways, arterial and collector streets, land dedicated for schools, parks, drainage basins, and any land area deemed unbuildable because of easements, such as underground pipelines or overhead powerlines. (Ord. 5151 § 3, 2024)
“Alley” means a dedicated right-of-way of twenty-five feet or less in width for public use permanently laid out or reserved by the governing body as a means of secondary access to abutting property. (Ord. 2694 § 1, 1982; prior code § 17.08.040)
“Antenna” means any exterior transmitting or receiving device mounted on the ground, tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals. (Ord. 4231 § 2, 2005)
“Approving authority” means the person, board, commission, council or other body in whom decision making responsibility is vested under the provisions of this code. Whenever action is directed to be taken by a specific person, authority is also granted for that specific person to delegate that action to another. (Ord. 3835 § 1, 1998)
“Architectural feature or projection” means a marquee, porch, awning, canopy or other similar architectural feature or projection of a building or structure or any projection not intended for occupancy which stands beyond the face of an exterior wall but does not include signs. (Ord. 3586 § 1, 1994)
“Brewery or distillery, large” means the manufacturing of more than fifteen thousand barrels per year of beer, ale, malt beverages, or more than one hundred thousand gallons of distilled spirits; not including wine. Operations shall continuously comply with the following operational standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield public works department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction. (Ord. 4926 § 1, 2018)
“Brewery, small” means the manufacturing of fifteen thousand barrels, or less, per year of beer, ale, or malt beverages.
“Distillery, small” means the manufacturing of one hundred thousand gallons, or less, of distilled spirits; not including wine.
Operations of brewery or distillery, small, shall continuously comply with the following operational standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield public works department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction. (Ord. 5105 § 1, 2022; Ord. 4978 § 1, 2019; Ord. 4926 § 1, 2018)
“Building” means any structure having a roof supported by columns or walls. (Prior code § 17.08.080)
“Building height” is the vertical distance above grade, as defined in Section 17.04.310, to the highest point of the coping of a flat roof, to the deckline of a mansard roof or to average height of the highest gable of a pitched or hipped roof, whichever is applicable. The height of a stepped or terraced building is the maximum height of any segment of the building. (Ord. 2694 § 1, 1982; prior code § 17.08.090)
“Business or commerce” is the purchase, sale, lease or financing or other transaction involving the handling, final sale, disposition or manufacture of any article or substance, or the rendering of any service. (Ord. 2694 § 1, 1982; prior code § 17.08.120)
“Camouflage” means man made trees, clock towers, bell steeples, light poles and other similar alternative design of mounting structures that completely screen or conceal the presence of antennas or towers in an effective manner. (Ord. 4231 § 3, 2005)
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The terms “marijuana” and “cannabis” are interchangeable throughout this code. (Ord. 4918 § 1, 2017)
“Carport” means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage. (Prior code § 17.08.130)
“Central district” means the “central traffic district” as described in Section 10.08.020(A) of the Bakersfield Municipal Code. (Ord. 4521 § 2, 2008)
“Club, private” is any organization, group or association supported by the members thereof, the primary purpose of which is to render a service or services to its members, their guests or the community, but shall not include any organization, group, or association, the chief activity of which is business or commerce as defined by Section 17.04.120. (Ord. 5151 § 5, 2024; Ord. 2694 § 1, 1982; prior code § 17.08.150)
“Commercial cannabis activity” is the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in the Medicinal and Adult-Use Cannabis Regulation and Safety Act as set forth in state law. (Ord. 4918 § 1, 2017)
“Community care facility” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes those facilities as defined in Health and Safety Code Section 1502 and relevant sections as may be amended from time to time. (Ord. 5151 § 6, 2024)
“Conditional use” is a use which requires special review and control by the planning commission or the city council to ensure compatibility with other existing or permitted uses in the vicinity. (Ord. 5020 § 17, 2020; Ord. 3746 § 1, 1997; Ord. 2694 § 2, 1982)
See Health and Safety Code Section 1596.78. (Ord. 5039 § 1, 2020; Ord. 3964 § 2, 2000; Ord. 3226 § 1, 1989; Ord. 2694 § 1, 1982; prior code § 17.08.152)
“Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools and extended day care facilities. (Ord. 5039 § 2, 2020; Ord. 3377 § 1, 1991)
“Driveway” means a way or place in private ownership which leads to a loading zone or legal parking space, and is used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public. (Ord. 4521 § 3, 2008)
“Dwelling, accessory unit” means an attached or detached dwelling unit that provides complete independent living facilities on the same parcel as a legal single-unit or multi-unit dwelling, including permanent provisions for living, sleeping, eating, cooking and sanitation. Accessory dwelling unit types include:
“Attached” means an accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or roofline.
“Detached” means an accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the existing or proposed primary dwelling.
“Converted” means an accessory dwelling unit entirely located within the existing or proposed primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. (Ord. 5151 § 7, 2024; prior code § 17.08.160)
“Dwelling, accessory unit, junior (JADU)” means an accessory dwelling unit that is located within the living space of an existing or proposed primary single-unit dwelling, as defined in Section 17958.1 of the California Health and Safety Code, and which meets the following requirements:
1. Shall only be allowed on parcels zoned for single-unit residences and that include an existing or proposed single-unit dwelling.
2. Is entirely located within an existing or proposed primary single-unit dwelling.
3. Has independent exterior access from the primary dwelling.
4. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.
5. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (Ord. 5151 § 7, 2024; prior code § 17.08.190)
“Dwelling, multi-unit” is a structure, or portion thereof, designed for or occupied by two or more families, each of which occupies a separate dwelling unit in which each family lives independently of one another. (Ord. 5151 § 7, 2024; Ord. 2694 § 1, 1982; prior code § 17.08.200)
“Dwelling, single-room occupancy unit” means any residential structure containing more than five units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features (e.g., kitchen, bathroom, entertainment area). (Ord. 5151 § 8, 2024)
“Educational institution, college or university” means an institution of higher learning offering academic instruction equivalent to the standards prescribed by the State Board of Education. (Prior code § 17.08.220)
“Family” means an individual or group of individuals, related or unrelated, living together as a single housekeeping unit, including necessary servants. A family does not include institutional group living situations such as a residential facility, rest home, dormitory, or similar use, nor does it include such commercial group living arrangements such as a motel, hotel, or similar use. (Ord. 5151 § 12, 2024; Ord. 3964 § 3, 2000; prior code § 17.08.230)
“Farmers market” means a group of vendors or farmers that form a collective organization and are certified by the Kern County Agricultural Commissioner to sell fresh fruits, vegetables and other farm produce to the general public. This use typically occurs in the parking lot of the main business for limited durations and is considered a secondary use. (Ord. 3695 § 1, 1995)
“Food vending vehicle” includes any vehicle as defined in the California Vehicle Code, from which any type of food or beverage is sold or offered for sale directly to any consumer; provided, however, that “food vending vehicle” does not include a vehicle that only delivers food or beverage products ordered by home delivery customers. (Ord. 4872 § 1, 2016)
“Intermediate regional flood” means the flood having an average frequency of occurrence of once in one hundred years which is determined from an analysis of flood records and computed hydrographs of synthetic floods. This flood is used in this title for determining the lateral boundaries of the floodplain area to be subject to floodplain regulations. (Prior code § 17.08.232)
“Floodplain” means the relatively flat area adjacent to the Kern River, in the city, which may be subject to periodic inundation by flood. (Prior code § 17.08.234)
“Floodplain primary” means the streambed and that portion of the adjacent floodplain through which the main waterflow is channelized during flood conditions. (Prior code § 17.08.236)
“Floodplain secondary” means the fringe of the floodplain within the boundaries of the intermediate regional flood which is subject to a less severe and less frequent inundation than found in the floodplain primary in times of flooding, generally where inundation is caused by overflow and backwater which is relatively free of any current. (Prior code § 17.08.238)
“Conditioned or net floor area” means the total of all gross floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior parking or loading areas, other non-heated space, and all floors below the first or ground level not used for human occupancy. (Ord. 4521 § 4, 2008)
“Floor area ratio (FAR)” is the gross floor area of all buildings on a parcel or site divided by the net parcel or site area.
FAR = (total gross building floor area (sq. ft.)) / (total net parcel/site area (sq. ft.)) (Ord. 3631 § 1, 1995)
“Food and/or shelter service agency ” means any entity, whether or not for profit, not operated by the city, county, state, or federal government, and not deemed a “residential use of property” under state law applicable to charter cities, which regularly provides lodging and/or food services providing shelter, food and/or day care free, or intentionally below cost, two or more days per week to persons in need of such assistance. For purposes of this title, the term “food and/or shelter service agency” does not include any incorporated entity providing food or shelter during any duly proclaimed emergency. (Ord. 5151 § 13, 2024; Ord. 5048 § 1, 2021; Ord. 3720 § 1, 1996; Ord. 3174 § 1, 1988)
“Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of access and which is declared to be a freeway as provided by the Streets and Highways Code of the state. (Ord. 3586 § 1, 1994)
“Front foot of building occupancy” means a single lineal dimension measured horizontally along the front of the building which defines the limits of a particular occupancy at that location. (Ord. 3586 § 1, 1994)
“Private garage” is an accessory building or portion of a building designed for and used to store or cover motor vehicles used by occupants of the attached or adjoining dwelling unit. (Ord. 2694 § 1, 1982; prior code § 17.08.240)
“Public or commercial garage” is a building other than a private garage used for the care, repair of automobiles, including the storage of such vehicles prior to sale or hire, storage or storage for remuneration. (Ord. 2694 § 1, 1982; prior code § 17.08.250)
“Garage or yard sale ” is a sale of personal goods which is undertaken by the occupant of a residence where the garage sale occurs, which is no longer than two consecutive days in duration, nor which occurs more frequently than twice a year. (Ord. 4710 § 1, 2012; Ord. 2694 § 2, 1982)
“Grade” (adjacent ground elevation) is the lowest point of elevation of the finished surface of the ground, paving or sidewalk adjacent to the foundation of the building. If a building is within five feet of a sidewalk, said grade level shall be the finished elevation of the sidewalk surface. (Ord. 2694 § 1, 1982; prior code § 17.08.260)
“Home occupation” means any use or occupation for the purpose of generating income by the occupant of a dwelling. It is conducted such that it is clearly incidental and secondary to the use of the property for residential purposes and does not change the residential character of the home or neighborhood. (Ord. 3768 § 5, 1997; Ord. 2862 §§ 1—3, 1983; Ord. 2773 § 1, 1982; prior code § 17.08.280)
“Sanitarium hospital” means any institution, place, building or agency which maintains and operates organized facilities for diagnosis, care and treatment of human illness, including convalescence and including care during and after pregnancy or which maintains and operates organized facilities for any such purpose and to which persons may be admitted for overnight stay or longer. Hospital includes nursing home, maternity home and lying-in asylum. (Prior code § 17.08.290)
“Hotel” means any building containing six or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests, and where only a general kitchen and dining room are provided within the building or an accessory building. (Prior code § 17.08.300)
“Housing, employee, agriculture” means housing provided for farmworkers. Housing consists of any living quarters or dwelling, boarding house, barracks, bunkhouse, mobile home, manufactured home, travel trailer, or other accommodations maintained in one or more structures. Employee housing, agriculture, shall be in compliance with the California Health and Safety Code Sections 17021.5, 17021.6 and 17021.8. (Ord. 5151 § 15, 2024)
“Housing, employee” means housing provided for six or fewer employees and shall be deemed a single-unit dwelling. Residents of the employee housing must be employed by the owner of the home. (Ord. 5151 § 15, 2024)
“Housing, supportive” means housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 5151 § 15, 2024)
“Housing, transitional” means buildings configured as rental housing, but operating under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 5151 § 15, 2024)
“Hydrozone” means a portion of a landscaped area having plants with similar water needs that are served by one irrigation valve or set of valves with the same schedule. (Ord. 4624 § 1, 2010)
“Junkyard” means the use of more than four hundred square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any public street, for the storage, keeping or abandonment of worn or discarded articles; salvageable waste such as paper, glass, wood, or metal; and dismantled or wrecked vehicles, whether self-propelled or not, and their parts. (Ord. 2694 § 1, 1982; prior code § 17.08.310)
“Retail development” includes any single or combination of retail establishments and shopping centers, including movie theaters and indoor recreational uses, in a single building or in separate but abutting buildings, being on one or more parcels that is planned, developed, owned, or managed as a single unit. (Ord. 5006 § 1, 2020; Ord. 4427 § 1, 2007)
“Lot” means a parcel of land occupied or to be occupied by a use, building or unit group of buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this title, and having frontage upon a street (other than an alley) or a private easement determined by the advisory agency to be adequate for purposes of access. (Ord. 3748 § 15, 1997; prior code § 17.08.320)
A “flag lot” means a lot with two discernible portions, one is the flag portion (building site) not fronting on or abutting a street and located behind another lot; and the second is the pole portion which provides private access to and from the flag portion of the lot and the abutting street. (Ord. 4600 § 2, 2009)
“Interior lot” means a lot other than a corner lot. (Prior code § 17.08.350)
“Key lot” is the first interior lot to the rear of a reversed corner lot whether it is separated by an alley or not. (Ord. 3824 § 2, 1998; Ord. 2694 § 1, 1982; prior code § 17.08.360)
“Front lot line” means the right-of-way line dividing a lot from a public or private street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front lot line. (Ord. 3837 § 1, 1998; prior code § 17.08.390)
“Rear lot line” means the line opposite the front lot line. (Prior code § 17.08.400)
“Side lot line” means any lot lines other than front lot lines or rear lot lines. (Prior code § 17.08.410)
“Reversed corner lot” means a corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. (Prior code § 17.08.370)
“Low barrier navigation center” means a shelter focused on temporarily housing persons and connecting them with income opportunities, public benefits, and health services prior to moving to permanent housing, in compliance with Government Code Section 65660. Low barrier navigation centers must meet the diverse needs of the population by allowing and accommodating people with disabilities, pets and pet owners, partners, the storage of possessions, and for survivors of domestic violence. (Ord. 5151 § 15, 2024)
“Masonry” is that form of construction composed of stone, brick, concrete, filled concrete block or other similar building units or materials, or combination of these materials, laid up unit by unit or set in mortar. (Ord. 2694 § 2, 1982)
“Medical marijuana dispensary” means a facility or location where marijuana is made available for medical purposes in accordance with California Health and Safety Code Section 11362.5 et seq. (Ord. 4731 § 1, 2013)
“Metal storage container” means any structure of one hundred twenty square feet or more designed to carry cargo to be shipped by truck or rail and designed to I.S.O. Standard 668-1979(E) or equivalent, or any roll-off storage bin with a fixed cover. (Ord. 3869 § 1, 1998)
“Mined land” means the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which results from, or are used in, surface mining operations are located. (Ord. 3943 § 1, 1999)
“Mixed-use” means a development consisting of one or more parcels developed as a cohesive development project and designed with a blend of uses (e.g., commercial retail, retail service, office, residential, civic, and institutional). The uses may be located vertically in the same structure (see “mixed-use, vertical” or horizontally (see “mixed-use, horizontal) in separate structures in compliance with the standards established by this title. (Ord. 5151 § 15, 2024)
“Mixed-use, horizontal” means any mixed-use development that incorporates two or more different use categories alongside one another, either in one mixed-use structure, or as two or more separate structures on one parcel. (Ord. 5151 § 15, 2024)
“Mobile home” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach or factory-built housing, as defined in Section 19971 of the California Health and Safety Code. (Ord. 2694 § 2, 1982)
“Mobile home park” is any area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies. (Ord. 2694 § 2, 1982)
“Legal nonconforming structure” means a structure or building, its size, dimensions, setbacks, proximity to other buildings, or other location, that complied with the zoning ordinance for the zone district that was in place when the structure was constructed, but which no longer conforms to the present zoning ordinance. (Ord. 3741 § 2, 1997)
“Nonprofit organization” means any organization that holds a valid nonprofit organization status document for the state or the federal government. (Ord. 3586 § 1, 1994)
“Nursery school” means the same as day nursery. (Prior code § 17.08.432)
“Overburden” means soil, rock or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations. (Ord. 3943 § 2, 1999)
“Parcel of property” means any separate legal lot or parcel of land. (Ord. 3586 § 1, 1994)
“Parking garage” means any structure for the parking of passenger vehicles for short-term or long-term periods. (Ord. 4521 § 7, 2008)
“Parking lot” means an off-street open area solely for the parking of passenger vehicles. Such an area or portion thereof shall be considered a parking lot whether on the same lot as another use, whether required by code for any structure or use, and whether classified as an accessory, permitted or conditional use. (Ord. 4521 § 6, 2008)
“Permitted use” is a use listed as such and allowed by right which only requires compliance with the zoning ordinance. (Ord. 3835 § 2, 1998; Ord. 2694 § 2, 1982)
“Places of assembly, commercial” means a facility for public or private assembly and meetings, including civic and private auditoriums, banquet halls, community centers, conference and convention facilities; meeting halls for clubs, and other membership organizations. (Ord. 5151 § 15, 2024)
“Public and quasi-public uses” means a facility for public or semipublic use such as civic buildings, community buildings and uses, and public utility uses including substations, governmental buildings, museums, art galleries, fire houses, post offices, police stations, libraries, parks, essential services, and similar uses, any of which may have additional requirements to use set forth herein. (Ord. 5151 § 15, 2024)
“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures. (Ord. 3943 § 3, 1999)
“Recreational vehicle” is a motorhome, travel trailer, track camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. (Ord. 2694 § 2, 1982)
“Religious institution” means a building, its accessory buildings and uses, where persons regularly assemble for worship, which is maintained and controlled by a religious body organized to sustain public worship. Includes Sunday school but excludes schools and other educational institutions. (Ord. 5151 § 16, 2024)
“Rest home or convalescent home” means a building and premises in and on which two or more sick, injured or infirm ambulatory persons are housed or intended to be housed for compensation and which is not equipped or intended to be used as a hospital. (Prior code § 17.08.450)
“Roofline” means the upper exterior line of a roof or top enclosure surface and includes eaves, fascia, parapets or similar projections or extensions. (Ord. 4657 § 1, 2011; Ord. 3586 § 1, 1994)
“Sanctuary” means a religious building or room in which general worship services are held as an element of a religious institution. (Ord. 5151 § 18, 2024; Ord. 3377 § 1, 1991)
“Elementary school” means all public and private schools in which instruction is given in kindergarten through sixth grade, or in any one or more such grades, or their equivalents, as prescribed by the Education Code of the state. (Ord. 2694 § 1, 1982; prior code § 17.08.470)
“High school” means all public and private schools in which instruction is given in the ninth, tenth, eleventh and twelfth grades or in any one or more such grades, or their equivalents as prescribed by the Education Code of the state. (Ord. 2694 § 1, 1982; prior code § 17.08.480)
“Junior high school” means all public and private schools in which instruction is given in seventh and eighth grades, or in any one such grade, or their equivalents, as prescribed by the Education Code of the state. (Ord. 2694 § 2, 1982)
“Sunday school” means a school held for purposes of religious education. (Ord. 3377 § 1, 1991)
“Service station” means a retail business establishment primarily supplying gasoline and oil and minor accessories and services for automobiles, excluding steam cleaning of motor vehicles. (Prior code § 17.08.500)
“Shopping/business center” means a group of two or more commercial businesses planned, constructed and managed as a total entity, and may be linked together by an architectural, historical or geographic theme, or by a commonality of goods and services. These businesses function as an integral unit on a single parcel or separate parcels of property, and share off-street parking facilities, access and pedestrian ways. (Ord. 3586 § 1, 1994)
“Sign” means and includes every message, announcement, device, declaration, demonstration, display, illustration, insignia, advertising statuary, surface or space, including the supporting structure and component parts, erected or maintained for attraction of, attention to, identification of or advertisement of a business, profession, product or service. Exemptions to this definition are listed in Section 17.60.080. Specific sign definitions are identified as follows:
“Abandoned sign” means a sign that includes copy that remains in place or is not maintained, for a period of ninety days or more, which no longer advertises or identifies an on-going business, product or service available on the premises where the sign is located.
“Advertising statuary” means a three-dimensional imitation, representation or similitude of a person, animal or object which is sculptured, molded or cast in any solid or plastic substance, materials or fabric and is used for advertising purposes.
“A-frame” means any sign with two or more faces or surfaces usable for advertising display, not attached to the wall of a building or structure, whether portable or affixed to the ground and commonly known as A-frame, T-frame and sandwich board.
“Animated sign” means any sign which uses movement or change of lighting to depict action, or to create a special effect or scene.
“Awning, canopy or marquee sign” means a sign that is mounted on or painted on, or attached to an awning, canopy, marquee, or other such overhang. Such signs shall be considered wall signs for the purpose of calculating allowable sign area.
“Banner, flag, pennant, streamer or balloon ” means any fabric, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing or vehicle, including captive balloons and other such inflatable signs, but not including official flags of the United States, state of California and other states of the nation, counties, municipalities, foreign nations and national/international nonprofit organizations.
“Bench sign” means a bench located outdoors with advertising matter thereon.
“Building identification sign” means a sign which serves to identify individual buildings on a site to assist in providing direction to the public. Such sign does not contain commercial advertisement or business identification.
“Business identification sign” means any sign which is used to identify or advertise the occupant of a commercial or industrial business.
“Center identification sign” means any sign which is used to identify or advertise a shopping or business center as defined in this title.
“Commercial sign” means a sign which advertises a product or service for profit or for a business purpose.
“Construction or home improvement sign” means a temporary sign stating the names of those individuals, firms or corporations connected with the construction project and which is placed upon the premises where construction, repair or renovation is in progress. Said sign may include the name of the city in which their business is located and emergency telephone numbers.
“Copy” means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
“Directional sign” means an on-premises, incidental sign designed to guide or direct pedestrian or vehicular traffic.
“Directory” means any sign listing the names, and/or use, and/or location of the various businesses or activities conducted within a building or group of buildings.
“Electric message display” means a sign displaying words, symbols, figures, images or video that is automatically controlled by mechanical, electronic, or computerized means.
“Flashing sign” means any sign which contains or is illuminated by lights which flash, scintillate, blink, travel, go on and off intermittently, change in intensity or color or is illuminated by light not providing constant illumination, also including flashing beacons or flashing arrows and parts of attachments to signs which are illuminated by such lights.
“Freestanding sign” means a sign which is supported by one or more columns, uprights, or braces in or upon the ground and not attached to a building. Monument, pylon and pole signs are considered freestanding signs.
“Freeway-oriented sign” means any pylon sign identifying premises where food, lodging and places of business engaged in supplying goods and services essential to the normal operation of motor vehicles and which are directly dependent upon an adjacent freeway.
“Future facility sign” means a temporary sign which identifies the future use or tenant, consistent with what use is permitted by the existing zoning of the site.
“Garage sale sign” means a temporary sign which announces the sale of personal used goods, furniture, or clothing at a residence by the occupant for a limited period of time. Sign may also be referred to as a yard sale or estate sale.
“Indirectly illuminated sign” means a sign whose illumination is derived entirely from a light source which is arranged so that no direct rays of light are projected from such light source into adjacent properties or public streets.
“Logo” means a symbol, design, or graphic representation which may or may not include text, which identifies a business, activity or company.
“Menuboard” means a sign similar to a readerboard which is a permanent structure upon which is displayed a menu of items for sale and may or may not include prices, of which the copy is of a temporary or changeable nature. Advertisement or copy shall not be displayed on materials constructed of cloth, fabric, paper, cardboard, placards, or similar such materials.
“Monument sign” means a low profile freestanding sign supported from grade to the bottom of the sign face with or having the appearance of a solid base. The width of the base shall be at least seventy-five percent of the dimension of the width of the sign face, and the area of said base shall not exceed fifty percent of the allowable area of the sign face.
“Moving sign” means any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or kinetic means, including intermittent electrical pulsations, or by action of wind currents.
“Nameplate” means a small sign that contains the name and/or address of the occupant of a residence or building, and is located near or on the door of the entrance.
“Neighborhood/subdivision identification sign” means a sign which identifies a single-family development, condominium development, or apartment complex. This type of sign also includes signs identifying public parks.
“Nonconforming sign” means a sign which was legally installed under laws or ordinances in effect prior to the effective date of this title or subsequent revisions as they pertain to signage, but which is currently in conflict with those provisions. This definition does not include signs illegally installed contrary to the laws or ordinances in effect when it was established.
“Off-premises or off-site sign” means a sign that directs attention to a business, profession, product, commodity, or service that is not the primary business, profession, product, commodity or service conducted, sold, manufactured or offered on the site on which the sign is located.
“On-premises or on-site sign” means a sign that directs attention to a business, profession, product, commodity, or service that is the primary business, profession, product, commodity or service conducted, sold, manufactured or offered on the site on which the sign is located.
“Outdoor advertising sign (billboard)” means a sign that is rented or leased for limited durations as specified by Section 17.60.070(E), has temporary or changeable copy, and is not to be used as permanent off-premises identification sign for a business or activity, and directs attention to a business, profession, product, commodity or service that is not the primary business, profession, product, commodity or service conducted, sold, manufactured or offered on the site on which the sign is located.
“Outlining of a building” means the placing and maintaining of neon tubing, fluorescent lighting, or incandescent lighting in a line marking the outer limits or edges of a building or window or roof of a building. Such definition shall not apply to any customary Christmas lighting placed and maintained for a reasonable time during the holiday season.
“Pole banner” means a sign on a rectangular piece of lightweight fabric or similar non-rigid material that is attached on the longest side to a vertical pole, and is framed along the top and/or bottom by a solid structural unit attached to the pole to ensure that it hangs flat.
“Portable sign” means a sign not permanently affixed to the ground or a building or structure on the premises it is intended to occupy.
“Projecting sign” means an identification sign other than a wall sign, which projects more than twelve inches from and is supported by, a wall of a building or structure.
“Promotional sign” means a temporary sign that promotes an individual business’s merchandise, services or products on sale, but does not include the business’s name.
“Public service sign” means any sign or portion thereof intended to promote items of general interest to the community such as public events or public messages, time, temperature, atmospheric conditions.
“Pylon sign” means a freestanding sign that is supported by pylons, pillars, poles, columns, or similar structures, and that the area between grade and the bottom of the sign face is more than fifty percent open. Such sign may also be referred to as a pole sign.
“Readerboard” means a sign which is a permanent structure upon which is displayed advertising material or copy of a temporary or changeable nature. Advertisement or copy shall not be displayed on materials constructed of cloth, fabric, paper, cardboard, placards, or similar such materials.
“Real estate sign” means a temporary sign offering real property, personal property, or a business, or any combination thereof, for sale, lease or exchange and includes signs pertinent to open houses and property management. It does not include merchandise sold in the usual course of business.
“Residential subdivision/project directional kiosk” means an off-site sign structure with individual name panels identifying subdivisions where new home sales are taking place. Each panel informs the viewer as to the specific project and the route or change of direction of travel for potential buyers to visit the project.
“Roof sign” means an identification sign or portion thereof located on, or extending over the roof line of a building and either supported by the roof of a building or by independent structural frame. A sign which is attached flat against the wall of a penthouse or other similar roof structure which is a part of the enclosed floor area of the building shall be considered a roof sign. Mansard type roof signs or any single-faced sign attached to or mounted upon a roof which has a slope which exceeds forty-five degrees from the horizontal plane and which does not project above the highest sight line of such roof, shall be deemed a wall sign for the purposes of this chapter.
“Rotating sign” means any sign that moves or that portion of any sign which moves or rotates in any manner.
“Shingle sign” means a sign that is suspended from a marquee, canopy, awning, or similar overhang, and is oriented to be viewed by pedestrians.
“Skyline building sign” means a wall sign comprised solely of individual letters or logo that provides long distance visual identification of a building or its primary tenant. Such sign shall only be permitted for a building that is three or more stories and shall be located on the top story or between the top story and top of the building.
“Special event sign” means a temporary sign publicizing a unique happening, action, purpose or occasion. These signs may be promotional; however, the event occurs infrequently or one time such as grand openings, clearance sales, seasonal sales, carnivals, and fund raising events.
“Temporary sign” means a sign usually constructed of cloth or fabric, cardboard, wallboard, wood, aluminum, or other light material intended to be displayed for a limited period of time.
“Vehicle sign” means an advertising display or sign that is exposed to public view, attached to, painted on, or supported from a parked or mobile automobile, truck trailer or other mobile vehicle, for the purpose of advertising a business, service or products, or directing people to a business activity, located on any private or public property, but shall not refer to standard advertising or identification practices where such sign is painted on or permanently attached to a commercial or business vehicle used in the conduct of such business.
“Wall sign” means a sign attached to, embedded in, painted on or erected against the exterior wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the plane of the wall, and does not project more than twelve inches from the wall that is attached. Signs attached to or painted on an awning, canopy, marquee, or other such overhang shall be considered wall signs for the purpose of calculating allowable sign area.
“Window sign” means any sign painted, attached, glued or otherwise affixed to, and visibly displayed on the inside or outside of a ground floor window and facing a public street, walkway, mall or parking lot available for public use. If a window is painted or otherwise covered in that it resembles the building wall or no longer functions to provide a view within or outside the building, then any signs within or on that space shall be considered as and subject to the minimum area permitted for wall signs. (Ord. 4953 § 1, 2018; Ord. 4489 § 1, 2008; Ord. 3755 § 1, 1997; Ord. 3586 § 1, 1994)
“Commercial stables” means a stable for horses to be let, hired, or used on a commercial basis. (Prior code § 17.08.510)
“Private stables” means a stable for horses to be used by the owners of the property or boarded for noncommercial purposes. (Ord. 2694 § 1, 1982; prior code § 17.08.520)
“Story” is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or underfloor space is more than six feet above grade as defined in Section 17.04.310 of this title, for more than fifty percent of the perimeter, or is more than twelve feet above grade as defined herein at any point, such basement, cellar or underfloor space should be considered as a story. (Ord. 2694 § 1, 1982; prior code § 17.08.530)
“Half story” means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it. (Prior code § 17.08.540)
“Streambed” means that portion of the floodplain through which the natural flow of water is channelized during normal flows. (Prior code § 17.08.545)
“Street” means a public thoroughfare which affords the principal means of access to abutting property. (Ord. 3586 § 1, 1994)
“Street frontage” means the linear frontage of a parcel of property abutting a street. (Ord. 4601 § 1, 2009; Ord. 3586 § 1, 1994)
“Structure” means anything constructed, or erected, which requires location on the ground or attached to something having a location on the ground, but not including tents, vehicles, trailers or fences or walls used as fences less than six feet in height. (Prior code § 17.08.560)
“Surface mining operation” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (Ord. 3943 § 4, 1999)
“Tandem parking space” means a parking space that is adjacent to the end of a legal off-street parking space, opposite the drive aisle. The orientation of the tandem parking space is the same as and only accessible through said legal off-street parking space. (Ord. 4521 § 8, 2008)
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 5048 § 3, 2021)
“Temporary promotional activity” means an activity such as an arts and/or crafts sale, petting zoo, carnival, amusement ride or rides, or similar activity conducted on the premises of an existing business or shopping center, with the permission of and to promote such business or shopping center, for a period of time not to exceed five consecutive days or ten days in any calendar year. (Ord. 2988 § 1, 1985)
“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, television, and similar communications purposes. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. (Ord. 4231 § 5, 2005)
“Trailer court” or “trailer park” means any area or tract of land where space is rented or held out for rent to two or more owners or users of trailer coaches or trailer houses. (Prior code § 17.08.590)
“Transit facility” means a public use facility designed to provide access to public transportation services that may consist of single or multimodal functions, including but not limited to, bus, bus rapid transit, trolley, and light rail, and also contains buildings or structures that provide seating and weather protection for the public using said services (Ord. 4521 § 9, 2008)
“Travel trailer” is a vehicle, other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeurs license, or both, without violating any provision of the State Vehicle Code. (Ord. 2694 § 1, 1982)
“Use, change of” means a change from one to another of the following categories:
1. Commercial/retail other than restaurant or convenience store;
2. Restaurant or convenience store;
3. Industrial;
4. Multi-unit residential;
5. Office, other than medical office;
7. Hospital;
8. Medical office;
9. Changes from one use to another which is substantially dissimilar, as determined by the planning director. (Ord. 5151 § 20, 2024; Ord. 3746 § 1, 1997; prior code § 17.08.610)
“Winery” means an agricultural processing plant used for the commercial purpose of fermenting and processing of fruit juice into wine, or the refermenting of still wine into sparkling wine in which the manufacturing is greater than ten thousand cases per year. Retail sales and tasting facilities of wine may be permitted as part of the winery operations. Operations shall continuously comply with the following operational standards:
1. Maintain an approved wastewater discharge plan from the Bakersfield public works department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction. (Ord. 5052 § 1, 2021)
“Winery, boutique” means the manufacturing of ten thousand cases, or less, per year of still wine or sparkling wine. Operations shall continuously comply with the following operational standards:
1. Maintain an approved wastewater discharge plan from the Bakersfield public works department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction. (Ord. 5052 § 1, 2021)
“Yard” means land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building. (Prior code § 17.08.620)
“Front yard” means a yard extending across the full width of the lot between the front lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto. The front yard of a corner lot is the yard adjacent to the shorter street frontage, except in those cases where the latest deed restrictions specify another line as the front lot line. (Prior code § 17.08.630)
“Rear yard” means an open unoccupied space on the same lot with the main building between the rear line of the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto and the rear line of the lot and extending the full width of the lot. (Prior code § 17.08.640)
“Side yard” means a yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line of the lot and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto. (Prior code § 17.08.650)
“Business or commerce” is the purchase, sale, lease or financing or other transaction involving the handling, final sale, disposition or manufacture of any article or substance, or the rendering of any service.
For the purpose of this title, certain words and phrases are defined and certain provisions shall be construed as set forth in this chapter, unless it is apparent from the context that a different meaning is intended. (Prior code § 17.08.010)
“Accessory parking facility” means an attached or detached structure for the purpose of parking passenger vehicles that is secondary in nature and incidental to the primary use of the property. Said structures can be, but are not limited to, residential or commercial garages or carports. (Ord. 4521 § 1, 2008)
“Acreage, gross” means the entirety of the legal lot. (Ord. 5151 § 2, 2024)
“Acreage, net” means the calculated area based on buildable area plus local street. Net acreage does not include dedications of roadway for freeways, highways, arterial and collector streets, land dedicated for schools, parks, drainage basins, and any land area deemed unbuildable because of easements, such as underground pipelines or overhead powerlines. (Ord. 5151 § 3, 2024)
“Alley” means a dedicated right-of-way of twenty-five feet or less in width for public use permanently laid out or reserved by the governing body as a means of secondary access to abutting property. (Ord. 2694 § 1, 1982; prior code § 17.08.040)
“Antenna” means any exterior transmitting or receiving device mounted on the ground, tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals. (Ord. 4231 § 2, 2005)
“Approving authority” means the person, board, commission, council or other body in whom decision making responsibility is vested under the provisions of this code. Whenever action is directed to be taken by a specific person, authority is also granted for that specific person to delegate that action to another. (Ord. 3835 § 1, 1998)
“Architectural feature or projection” means a marquee, porch, awning, canopy or other similar architectural feature or projection of a building or structure or any projection not intended for occupancy which stands beyond the face of an exterior wall but does not include signs. (Ord. 3586 § 1, 1994)
“Brewery or distillery, large” means the manufacturing of more than fifteen thousand barrels per year of beer, ale, malt beverages, or more than one hundred thousand gallons of distilled spirits; not including wine. Operations shall continuously comply with the following operational standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield public works department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction. (Ord. 4926 § 1, 2018)
“Brewery, small” means the manufacturing of fifteen thousand barrels, or less, per year of beer, ale, or malt beverages.
“Distillery, small” means the manufacturing of one hundred thousand gallons, or less, of distilled spirits; not including wine.
Operations of brewery or distillery, small, shall continuously comply with the following operational standards:
1. Maintain an approved Wastewater Discharge Plan from the Bakersfield public works department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction. (Ord. 5105 § 1, 2022; Ord. 4978 § 1, 2019; Ord. 4926 § 1, 2018)
“Building” means any structure having a roof supported by columns or walls. (Prior code § 17.08.080)
“Building height” is the vertical distance above grade, as defined in Section 17.04.310, to the highest point of the coping of a flat roof, to the deckline of a mansard roof or to average height of the highest gable of a pitched or hipped roof, whichever is applicable. The height of a stepped or terraced building is the maximum height of any segment of the building. (Ord. 2694 § 1, 1982; prior code § 17.08.090)
“Business or commerce” is the purchase, sale, lease or financing or other transaction involving the handling, final sale, disposition or manufacture of any article or substance, or the rendering of any service. (Ord. 2694 § 1, 1982; prior code § 17.08.120)
“Camouflage” means man made trees, clock towers, bell steeples, light poles and other similar alternative design of mounting structures that completely screen or conceal the presence of antennas or towers in an effective manner. (Ord. 4231 § 3, 2005)
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The terms “marijuana” and “cannabis” are interchangeable throughout this code. (Ord. 4918 § 1, 2017)
“Carport” means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage. (Prior code § 17.08.130)
“Central district” means the “central traffic district” as described in Section 10.08.020(A) of the Bakersfield Municipal Code. (Ord. 4521 § 2, 2008)
“Club, private” is any organization, group or association supported by the members thereof, the primary purpose of which is to render a service or services to its members, their guests or the community, but shall not include any organization, group, or association, the chief activity of which is business or commerce as defined by Section 17.04.120. (Ord. 5151 § 5, 2024; Ord. 2694 § 1, 1982; prior code § 17.08.150)
“Commercial cannabis activity” is the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in the Medicinal and Adult-Use Cannabis Regulation and Safety Act as set forth in state law. (Ord. 4918 § 1, 2017)
“Community care facility” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes those facilities as defined in Health and Safety Code Section 1502 and relevant sections as may be amended from time to time. (Ord. 5151 § 6, 2024)
“Conditional use” is a use which requires special review and control by the planning commission or the city council to ensure compatibility with other existing or permitted uses in the vicinity. (Ord. 5020 § 17, 2020; Ord. 3746 § 1, 1997; Ord. 2694 § 2, 1982)
See Health and Safety Code Section 1596.78. (Ord. 5039 § 1, 2020; Ord. 3964 § 2, 2000; Ord. 3226 § 1, 1989; Ord. 2694 § 1, 1982; prior code § 17.08.152)
“Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools and extended day care facilities. (Ord. 5039 § 2, 2020; Ord. 3377 § 1, 1991)
“Driveway” means a way or place in private ownership which leads to a loading zone or legal parking space, and is used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public. (Ord. 4521 § 3, 2008)
“Dwelling, accessory unit” means an attached or detached dwelling unit that provides complete independent living facilities on the same parcel as a legal single-unit or multi-unit dwelling, including permanent provisions for living, sleeping, eating, cooking and sanitation. Accessory dwelling unit types include:
“Attached” means an accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or roofline.
“Detached” means an accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the existing or proposed primary dwelling.
“Converted” means an accessory dwelling unit entirely located within the existing or proposed primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. (Ord. 5151 § 7, 2024; prior code § 17.08.160)
“Dwelling, accessory unit, junior (JADU)” means an accessory dwelling unit that is located within the living space of an existing or proposed primary single-unit dwelling, as defined in Section 17958.1 of the California Health and Safety Code, and which meets the following requirements:
1. Shall only be allowed on parcels zoned for single-unit residences and that include an existing or proposed single-unit dwelling.
2. Is entirely located within an existing or proposed primary single-unit dwelling.
3. Has independent exterior access from the primary dwelling.
4. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.
5. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (Ord. 5151 § 7, 2024; prior code § 17.08.190)
“Dwelling, multi-unit” is a structure, or portion thereof, designed for or occupied by two or more families, each of which occupies a separate dwelling unit in which each family lives independently of one another. (Ord. 5151 § 7, 2024; Ord. 2694 § 1, 1982; prior code § 17.08.200)
“Dwelling, single-room occupancy unit” means any residential structure containing more than five units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features (e.g., kitchen, bathroom, entertainment area). (Ord. 5151 § 8, 2024)
“Educational institution, college or university” means an institution of higher learning offering academic instruction equivalent to the standards prescribed by the State Board of Education. (Prior code § 17.08.220)
“Family” means an individual or group of individuals, related or unrelated, living together as a single housekeeping unit, including necessary servants. A family does not include institutional group living situations such as a residential facility, rest home, dormitory, or similar use, nor does it include such commercial group living arrangements such as a motel, hotel, or similar use. (Ord. 5151 § 12, 2024; Ord. 3964 § 3, 2000; prior code § 17.08.230)
“Farmers market” means a group of vendors or farmers that form a collective organization and are certified by the Kern County Agricultural Commissioner to sell fresh fruits, vegetables and other farm produce to the general public. This use typically occurs in the parking lot of the main business for limited durations and is considered a secondary use. (Ord. 3695 § 1, 1995)
“Food vending vehicle” includes any vehicle as defined in the California Vehicle Code, from which any type of food or beverage is sold or offered for sale directly to any consumer; provided, however, that “food vending vehicle” does not include a vehicle that only delivers food or beverage products ordered by home delivery customers. (Ord. 4872 § 1, 2016)
“Intermediate regional flood” means the flood having an average frequency of occurrence of once in one hundred years which is determined from an analysis of flood records and computed hydrographs of synthetic floods. This flood is used in this title for determining the lateral boundaries of the floodplain area to be subject to floodplain regulations. (Prior code § 17.08.232)
“Floodplain” means the relatively flat area adjacent to the Kern River, in the city, which may be subject to periodic inundation by flood. (Prior code § 17.08.234)
“Floodplain primary” means the streambed and that portion of the adjacent floodplain through which the main waterflow is channelized during flood conditions. (Prior code § 17.08.236)
“Floodplain secondary” means the fringe of the floodplain within the boundaries of the intermediate regional flood which is subject to a less severe and less frequent inundation than found in the floodplain primary in times of flooding, generally where inundation is caused by overflow and backwater which is relatively free of any current. (Prior code § 17.08.238)
“Conditioned or net floor area” means the total of all gross floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior parking or loading areas, other non-heated space, and all floors below the first or ground level not used for human occupancy. (Ord. 4521 § 4, 2008)
“Floor area ratio (FAR)” is the gross floor area of all buildings on a parcel or site divided by the net parcel or site area.
FAR = (total gross building floor area (sq. ft.)) / (total net parcel/site area (sq. ft.)) (Ord. 3631 § 1, 1995)
“Food and/or shelter service agency ” means any entity, whether or not for profit, not operated by the city, county, state, or federal government, and not deemed a “residential use of property” under state law applicable to charter cities, which regularly provides lodging and/or food services providing shelter, food and/or day care free, or intentionally below cost, two or more days per week to persons in need of such assistance. For purposes of this title, the term “food and/or shelter service agency” does not include any incorporated entity providing food or shelter during any duly proclaimed emergency. (Ord. 5151 § 13, 2024; Ord. 5048 § 1, 2021; Ord. 3720 § 1, 1996; Ord. 3174 § 1, 1988)
“Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of access and which is declared to be a freeway as provided by the Streets and Highways Code of the state. (Ord. 3586 § 1, 1994)
“Front foot of building occupancy” means a single lineal dimension measured horizontally along the front of the building which defines the limits of a particular occupancy at that location. (Ord. 3586 § 1, 1994)
“Private garage” is an accessory building or portion of a building designed for and used to store or cover motor vehicles used by occupants of the attached or adjoining dwelling unit. (Ord. 2694 § 1, 1982; prior code § 17.08.240)
“Public or commercial garage” is a building other than a private garage used for the care, repair of automobiles, including the storage of such vehicles prior to sale or hire, storage or storage for remuneration. (Ord. 2694 § 1, 1982; prior code § 17.08.250)
“Garage or yard sale ” is a sale of personal goods which is undertaken by the occupant of a residence where the garage sale occurs, which is no longer than two consecutive days in duration, nor which occurs more frequently than twice a year. (Ord. 4710 § 1, 2012; Ord. 2694 § 2, 1982)
“Grade” (adjacent ground elevation) is the lowest point of elevation of the finished surface of the ground, paving or sidewalk adjacent to the foundation of the building. If a building is within five feet of a sidewalk, said grade level shall be the finished elevation of the sidewalk surface. (Ord. 2694 § 1, 1982; prior code § 17.08.260)
“Home occupation” means any use or occupation for the purpose of generating income by the occupant of a dwelling. It is conducted such that it is clearly incidental and secondary to the use of the property for residential purposes and does not change the residential character of the home or neighborhood. (Ord. 3768 § 5, 1997; Ord. 2862 §§ 1—3, 1983; Ord. 2773 § 1, 1982; prior code § 17.08.280)
“Sanitarium hospital” means any institution, place, building or agency which maintains and operates organized facilities for diagnosis, care and treatment of human illness, including convalescence and including care during and after pregnancy or which maintains and operates organized facilities for any such purpose and to which persons may be admitted for overnight stay or longer. Hospital includes nursing home, maternity home and lying-in asylum. (Prior code § 17.08.290)
“Hotel” means any building containing six or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests, and where only a general kitchen and dining room are provided within the building or an accessory building. (Prior code § 17.08.300)
“Housing, employee, agriculture” means housing provided for farmworkers. Housing consists of any living quarters or dwelling, boarding house, barracks, bunkhouse, mobile home, manufactured home, travel trailer, or other accommodations maintained in one or more structures. Employee housing, agriculture, shall be in compliance with the California Health and Safety Code Sections 17021.5, 17021.6 and 17021.8. (Ord. 5151 § 15, 2024)
“Housing, employee” means housing provided for six or fewer employees and shall be deemed a single-unit dwelling. Residents of the employee housing must be employed by the owner of the home. (Ord. 5151 § 15, 2024)
“Housing, supportive” means housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 5151 § 15, 2024)
“Housing, transitional” means buildings configured as rental housing, but operating under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 5151 § 15, 2024)
“Hydrozone” means a portion of a landscaped area having plants with similar water needs that are served by one irrigation valve or set of valves with the same schedule. (Ord. 4624 § 1, 2010)
“Junkyard” means the use of more than four hundred square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any public street, for the storage, keeping or abandonment of worn or discarded articles; salvageable waste such as paper, glass, wood, or metal; and dismantled or wrecked vehicles, whether self-propelled or not, and their parts. (Ord. 2694 § 1, 1982; prior code § 17.08.310)
“Retail development” includes any single or combination of retail establishments and shopping centers, including movie theaters and indoor recreational uses, in a single building or in separate but abutting buildings, being on one or more parcels that is planned, developed, owned, or managed as a single unit. (Ord. 5006 § 1, 2020; Ord. 4427 § 1, 2007)
“Lot” means a parcel of land occupied or to be occupied by a use, building or unit group of buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this title, and having frontage upon a street (other than an alley) or a private easement determined by the advisory agency to be adequate for purposes of access. (Ord. 3748 § 15, 1997; prior code § 17.08.320)
A “flag lot” means a lot with two discernible portions, one is the flag portion (building site) not fronting on or abutting a street and located behind another lot; and the second is the pole portion which provides private access to and from the flag portion of the lot and the abutting street. (Ord. 4600 § 2, 2009)
“Interior lot” means a lot other than a corner lot. (Prior code § 17.08.350)
“Key lot” is the first interior lot to the rear of a reversed corner lot whether it is separated by an alley or not. (Ord. 3824 § 2, 1998; Ord. 2694 § 1, 1982; prior code § 17.08.360)
“Front lot line” means the right-of-way line dividing a lot from a public or private street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front lot line. (Ord. 3837 § 1, 1998; prior code § 17.08.390)
“Rear lot line” means the line opposite the front lot line. (Prior code § 17.08.400)
“Side lot line” means any lot lines other than front lot lines or rear lot lines. (Prior code § 17.08.410)
“Reversed corner lot” means a corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. (Prior code § 17.08.370)
“Low barrier navigation center” means a shelter focused on temporarily housing persons and connecting them with income opportunities, public benefits, and health services prior to moving to permanent housing, in compliance with Government Code Section 65660. Low barrier navigation centers must meet the diverse needs of the population by allowing and accommodating people with disabilities, pets and pet owners, partners, the storage of possessions, and for survivors of domestic violence. (Ord. 5151 § 15, 2024)
“Masonry” is that form of construction composed of stone, brick, concrete, filled concrete block or other similar building units or materials, or combination of these materials, laid up unit by unit or set in mortar. (Ord. 2694 § 2, 1982)
“Medical marijuana dispensary” means a facility or location where marijuana is made available for medical purposes in accordance with California Health and Safety Code Section 11362.5 et seq. (Ord. 4731 § 1, 2013)
“Metal storage container” means any structure of one hundred twenty square feet or more designed to carry cargo to be shipped by truck or rail and designed to I.S.O. Standard 668-1979(E) or equivalent, or any roll-off storage bin with a fixed cover. (Ord. 3869 § 1, 1998)
“Mined land” means the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which results from, or are used in, surface mining operations are located. (Ord. 3943 § 1, 1999)
“Mixed-use” means a development consisting of one or more parcels developed as a cohesive development project and designed with a blend of uses (e.g., commercial retail, retail service, office, residential, civic, and institutional). The uses may be located vertically in the same structure (see “mixed-use, vertical” or horizontally (see “mixed-use, horizontal) in separate structures in compliance with the standards established by this title. (Ord. 5151 § 15, 2024)
“Mixed-use, horizontal” means any mixed-use development that incorporates two or more different use categories alongside one another, either in one mixed-use structure, or as two or more separate structures on one parcel. (Ord. 5151 § 15, 2024)
“Mobile home” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach or factory-built housing, as defined in Section 19971 of the California Health and Safety Code. (Ord. 2694 § 2, 1982)
“Mobile home park” is any area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies. (Ord. 2694 § 2, 1982)
“Legal nonconforming structure” means a structure or building, its size, dimensions, setbacks, proximity to other buildings, or other location, that complied with the zoning ordinance for the zone district that was in place when the structure was constructed, but which no longer conforms to the present zoning ordinance. (Ord. 3741 § 2, 1997)
“Nonprofit organization” means any organization that holds a valid nonprofit organization status document for the state or the federal government. (Ord. 3586 § 1, 1994)
“Nursery school” means the same as day nursery. (Prior code § 17.08.432)
“Overburden” means soil, rock or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations. (Ord. 3943 § 2, 1999)
“Parcel of property” means any separate legal lot or parcel of land. (Ord. 3586 § 1, 1994)
“Parking garage” means any structure for the parking of passenger vehicles for short-term or long-term periods. (Ord. 4521 § 7, 2008)
“Parking lot” means an off-street open area solely for the parking of passenger vehicles. Such an area or portion thereof shall be considered a parking lot whether on the same lot as another use, whether required by code for any structure or use, and whether classified as an accessory, permitted or conditional use. (Ord. 4521 § 6, 2008)
“Permitted use” is a use listed as such and allowed by right which only requires compliance with the zoning ordinance. (Ord. 3835 § 2, 1998; Ord. 2694 § 2, 1982)
“Places of assembly, commercial” means a facility for public or private assembly and meetings, including civic and private auditoriums, banquet halls, community centers, conference and convention facilities; meeting halls for clubs, and other membership organizations. (Ord. 5151 § 15, 2024)
“Public and quasi-public uses” means a facility for public or semipublic use such as civic buildings, community buildings and uses, and public utility uses including substations, governmental buildings, museums, art galleries, fire houses, post offices, police stations, libraries, parks, essential services, and similar uses, any of which may have additional requirements to use set forth herein. (Ord. 5151 § 15, 2024)
“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures. (Ord. 3943 § 3, 1999)
“Recreational vehicle” is a motorhome, travel trailer, track camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. (Ord. 2694 § 2, 1982)
“Religious institution” means a building, its accessory buildings and uses, where persons regularly assemble for worship, which is maintained and controlled by a religious body organized to sustain public worship. Includes Sunday school but excludes schools and other educational institutions. (Ord. 5151 § 16, 2024)
“Rest home or convalescent home” means a building and premises in and on which two or more sick, injured or infirm ambulatory persons are housed or intended to be housed for compensation and which is not equipped or intended to be used as a hospital. (Prior code § 17.08.450)
“Roofline” means the upper exterior line of a roof or top enclosure surface and includes eaves, fascia, parapets or similar projections or extensions. (Ord. 4657 § 1, 2011; Ord. 3586 § 1, 1994)
“Sanctuary” means a religious building or room in which general worship services are held as an element of a religious institution. (Ord. 5151 § 18, 2024; Ord. 3377 § 1, 1991)
“Elementary school” means all public and private schools in which instruction is given in kindergarten through sixth grade, or in any one or more such grades, or their equivalents, as prescribed by the Education Code of the state. (Ord. 2694 § 1, 1982; prior code § 17.08.470)
“High school” means all public and private schools in which instruction is given in the ninth, tenth, eleventh and twelfth grades or in any one or more such grades, or their equivalents as prescribed by the Education Code of the state. (Ord. 2694 § 1, 1982; prior code § 17.08.480)
“Junior high school” means all public and private schools in which instruction is given in seventh and eighth grades, or in any one such grade, or their equivalents, as prescribed by the Education Code of the state. (Ord. 2694 § 2, 1982)
“Sunday school” means a school held for purposes of religious education. (Ord. 3377 § 1, 1991)
“Service station” means a retail business establishment primarily supplying gasoline and oil and minor accessories and services for automobiles, excluding steam cleaning of motor vehicles. (Prior code § 17.08.500)
“Shopping/business center” means a group of two or more commercial businesses planned, constructed and managed as a total entity, and may be linked together by an architectural, historical or geographic theme, or by a commonality of goods and services. These businesses function as an integral unit on a single parcel or separate parcels of property, and share off-street parking facilities, access and pedestrian ways. (Ord. 3586 § 1, 1994)
“Sign” means and includes every message, announcement, device, declaration, demonstration, display, illustration, insignia, advertising statuary, surface or space, including the supporting structure and component parts, erected or maintained for attraction of, attention to, identification of or advertisement of a business, profession, product or service. Exemptions to this definition are listed in Section 17.60.080. Specific sign definitions are identified as follows:
“Abandoned sign” means a sign that includes copy that remains in place or is not maintained, for a period of ninety days or more, which no longer advertises or identifies an on-going business, product or service available on the premises where the sign is located.
“Advertising statuary” means a three-dimensional imitation, representation or similitude of a person, animal or object which is sculptured, molded or cast in any solid or plastic substance, materials or fabric and is used for advertising purposes.
“A-frame” means any sign with two or more faces or surfaces usable for advertising display, not attached to the wall of a building or structure, whether portable or affixed to the ground and commonly known as A-frame, T-frame and sandwich board.
“Animated sign” means any sign which uses movement or change of lighting to depict action, or to create a special effect or scene.
“Awning, canopy or marquee sign” means a sign that is mounted on or painted on, or attached to an awning, canopy, marquee, or other such overhang. Such signs shall be considered wall signs for the purpose of calculating allowable sign area.
“Banner, flag, pennant, streamer or balloon ” means any fabric, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing or vehicle, including captive balloons and other such inflatable signs, but not including official flags of the United States, state of California and other states of the nation, counties, municipalities, foreign nations and national/international nonprofit organizations.
“Bench sign” means a bench located outdoors with advertising matter thereon.
“Building identification sign” means a sign which serves to identify individual buildings on a site to assist in providing direction to the public. Such sign does not contain commercial advertisement or business identification.
“Business identification sign” means any sign which is used to identify or advertise the occupant of a commercial or industrial business.
“Center identification sign” means any sign which is used to identify or advertise a shopping or business center as defined in this title.
“Commercial sign” means a sign which advertises a product or service for profit or for a business purpose.
“Construction or home improvement sign” means a temporary sign stating the names of those individuals, firms or corporations connected with the construction project and which is placed upon the premises where construction, repair or renovation is in progress. Said sign may include the name of the city in which their business is located and emergency telephone numbers.
“Copy” means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
“Directional sign” means an on-premises, incidental sign designed to guide or direct pedestrian or vehicular traffic.
“Directory” means any sign listing the names, and/or use, and/or location of the various businesses or activities conducted within a building or group of buildings.
“Electric message display” means a sign displaying words, symbols, figures, images or video that is automatically controlled by mechanical, electronic, or computerized means.
“Flashing sign” means any sign which contains or is illuminated by lights which flash, scintillate, blink, travel, go on and off intermittently, change in intensity or color or is illuminated by light not providing constant illumination, also including flashing beacons or flashing arrows and parts of attachments to signs which are illuminated by such lights.
“Freestanding sign” means a sign which is supported by one or more columns, uprights, or braces in or upon the ground and not attached to a building. Monument, pylon and pole signs are considered freestanding signs.
“Freeway-oriented sign” means any pylon sign identifying premises where food, lodging and places of business engaged in supplying goods and services essential to the normal operation of motor vehicles and which are directly dependent upon an adjacent freeway.
“Future facility sign” means a temporary sign which identifies the future use or tenant, consistent with what use is permitted by the existing zoning of the site.
“Garage sale sign” means a temporary sign which announces the sale of personal used goods, furniture, or clothing at a residence by the occupant for a limited period of time. Sign may also be referred to as a yard sale or estate sale.
“Indirectly illuminated sign” means a sign whose illumination is derived entirely from a light source which is arranged so that no direct rays of light are projected from such light source into adjacent properties or public streets.
“Logo” means a symbol, design, or graphic representation which may or may not include text, which identifies a business, activity or company.
“Menuboard” means a sign similar to a readerboard which is a permanent structure upon which is displayed a menu of items for sale and may or may not include prices, of which the copy is of a temporary or changeable nature. Advertisement or copy shall not be displayed on materials constructed of cloth, fabric, paper, cardboard, placards, or similar such materials.
“Monument sign” means a low profile freestanding sign supported from grade to the bottom of the sign face with or having the appearance of a solid base. The width of the base shall be at least seventy-five percent of the dimension of the width of the sign face, and the area of said base shall not exceed fifty percent of the allowable area of the sign face.
“Moving sign” means any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or kinetic means, including intermittent electrical pulsations, or by action of wind currents.
“Nameplate” means a small sign that contains the name and/or address of the occupant of a residence or building, and is located near or on the door of the entrance.
“Neighborhood/subdivision identification sign” means a sign which identifies a single-family development, condominium development, or apartment complex. This type of sign also includes signs identifying public parks.
“Nonconforming sign” means a sign which was legally installed under laws or ordinances in effect prior to the effective date of this title or subsequent revisions as they pertain to signage, but which is currently in conflict with those provisions. This definition does not include signs illegally installed contrary to the laws or ordinances in effect when it was established.
“Off-premises or off-site sign” means a sign that directs attention to a business, profession, product, commodity, or service that is not the primary business, profession, product, commodity or service conducted, sold, manufactured or offered on the site on which the sign is located.
“On-premises or on-site sign” means a sign that directs attention to a business, profession, product, commodity, or service that is the primary business, profession, product, commodity or service conducted, sold, manufactured or offered on the site on which the sign is located.
“Outdoor advertising sign (billboard)” means a sign that is rented or leased for limited durations as specified by Section 17.60.070(E), has temporary or changeable copy, and is not to be used as permanent off-premises identification sign for a business or activity, and directs attention to a business, profession, product, commodity or service that is not the primary business, profession, product, commodity or service conducted, sold, manufactured or offered on the site on which the sign is located.
“Outlining of a building” means the placing and maintaining of neon tubing, fluorescent lighting, or incandescent lighting in a line marking the outer limits or edges of a building or window or roof of a building. Such definition shall not apply to any customary Christmas lighting placed and maintained for a reasonable time during the holiday season.
“Pole banner” means a sign on a rectangular piece of lightweight fabric or similar non-rigid material that is attached on the longest side to a vertical pole, and is framed along the top and/or bottom by a solid structural unit attached to the pole to ensure that it hangs flat.
“Portable sign” means a sign not permanently affixed to the ground or a building or structure on the premises it is intended to occupy.
“Projecting sign” means an identification sign other than a wall sign, which projects more than twelve inches from and is supported by, a wall of a building or structure.
“Promotional sign” means a temporary sign that promotes an individual business’s merchandise, services or products on sale, but does not include the business’s name.
“Public service sign” means any sign or portion thereof intended to promote items of general interest to the community such as public events or public messages, time, temperature, atmospheric conditions.
“Pylon sign” means a freestanding sign that is supported by pylons, pillars, poles, columns, or similar structures, and that the area between grade and the bottom of the sign face is more than fifty percent open. Such sign may also be referred to as a pole sign.
“Readerboard” means a sign which is a permanent structure upon which is displayed advertising material or copy of a temporary or changeable nature. Advertisement or copy shall not be displayed on materials constructed of cloth, fabric, paper, cardboard, placards, or similar such materials.
“Real estate sign” means a temporary sign offering real property, personal property, or a business, or any combination thereof, for sale, lease or exchange and includes signs pertinent to open houses and property management. It does not include merchandise sold in the usual course of business.
“Residential subdivision/project directional kiosk” means an off-site sign structure with individual name panels identifying subdivisions where new home sales are taking place. Each panel informs the viewer as to the specific project and the route or change of direction of travel for potential buyers to visit the project.
“Roof sign” means an identification sign or portion thereof located on, or extending over the roof line of a building and either supported by the roof of a building or by independent structural frame. A sign which is attached flat against the wall of a penthouse or other similar roof structure which is a part of the enclosed floor area of the building shall be considered a roof sign. Mansard type roof signs or any single-faced sign attached to or mounted upon a roof which has a slope which exceeds forty-five degrees from the horizontal plane and which does not project above the highest sight line of such roof, shall be deemed a wall sign for the purposes of this chapter.
“Rotating sign” means any sign that moves or that portion of any sign which moves or rotates in any manner.
“Shingle sign” means a sign that is suspended from a marquee, canopy, awning, or similar overhang, and is oriented to be viewed by pedestrians.
“Skyline building sign” means a wall sign comprised solely of individual letters or logo that provides long distance visual identification of a building or its primary tenant. Such sign shall only be permitted for a building that is three or more stories and shall be located on the top story or between the top story and top of the building.
“Special event sign” means a temporary sign publicizing a unique happening, action, purpose or occasion. These signs may be promotional; however, the event occurs infrequently or one time such as grand openings, clearance sales, seasonal sales, carnivals, and fund raising events.
“Temporary sign” means a sign usually constructed of cloth or fabric, cardboard, wallboard, wood, aluminum, or other light material intended to be displayed for a limited period of time.
“Vehicle sign” means an advertising display or sign that is exposed to public view, attached to, painted on, or supported from a parked or mobile automobile, truck trailer or other mobile vehicle, for the purpose of advertising a business, service or products, or directing people to a business activity, located on any private or public property, but shall not refer to standard advertising or identification practices where such sign is painted on or permanently attached to a commercial or business vehicle used in the conduct of such business.
“Wall sign” means a sign attached to, embedded in, painted on or erected against the exterior wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the plane of the wall, and does not project more than twelve inches from the wall that is attached. Signs attached to or painted on an awning, canopy, marquee, or other such overhang shall be considered wall signs for the purpose of calculating allowable sign area.
“Window sign” means any sign painted, attached, glued or otherwise affixed to, and visibly displayed on the inside or outside of a ground floor window and facing a public street, walkway, mall or parking lot available for public use. If a window is painted or otherwise covered in that it resembles the building wall or no longer functions to provide a view within or outside the building, then any signs within or on that space shall be considered as and subject to the minimum area permitted for wall signs. (Ord. 4953 § 1, 2018; Ord. 4489 § 1, 2008; Ord. 3755 § 1, 1997; Ord. 3586 § 1, 1994)
“Commercial stables” means a stable for horses to be let, hired, or used on a commercial basis. (Prior code § 17.08.510)
“Private stables” means a stable for horses to be used by the owners of the property or boarded for noncommercial purposes. (Ord. 2694 § 1, 1982; prior code § 17.08.520)
“Story” is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or underfloor space is more than six feet above grade as defined in Section 17.04.310 of this title, for more than fifty percent of the perimeter, or is more than twelve feet above grade as defined herein at any point, such basement, cellar or underfloor space should be considered as a story. (Ord. 2694 § 1, 1982; prior code § 17.08.530)
“Half story” means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it. (Prior code § 17.08.540)
“Streambed” means that portion of the floodplain through which the natural flow of water is channelized during normal flows. (Prior code § 17.08.545)
“Street” means a public thoroughfare which affords the principal means of access to abutting property. (Ord. 3586 § 1, 1994)
“Street frontage” means the linear frontage of a parcel of property abutting a street. (Ord. 4601 § 1, 2009; Ord. 3586 § 1, 1994)
“Structure” means anything constructed, or erected, which requires location on the ground or attached to something having a location on the ground, but not including tents, vehicles, trailers or fences or walls used as fences less than six feet in height. (Prior code § 17.08.560)
“Surface mining operation” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (Ord. 3943 § 4, 1999)
“Tandem parking space” means a parking space that is adjacent to the end of a legal off-street parking space, opposite the drive aisle. The orientation of the tandem parking space is the same as and only accessible through said legal off-street parking space. (Ord. 4521 § 8, 2008)
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 5048 § 3, 2021)
“Temporary promotional activity” means an activity such as an arts and/or crafts sale, petting zoo, carnival, amusement ride or rides, or similar activity conducted on the premises of an existing business or shopping center, with the permission of and to promote such business or shopping center, for a period of time not to exceed five consecutive days or ten days in any calendar year. (Ord. 2988 § 1, 1985)
“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, television, and similar communications purposes. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. (Ord. 4231 § 5, 2005)
“Trailer court” or “trailer park” means any area or tract of land where space is rented or held out for rent to two or more owners or users of trailer coaches or trailer houses. (Prior code § 17.08.590)
“Transit facility” means a public use facility designed to provide access to public transportation services that may consist of single or multimodal functions, including but not limited to, bus, bus rapid transit, trolley, and light rail, and also contains buildings or structures that provide seating and weather protection for the public using said services (Ord. 4521 § 9, 2008)
“Travel trailer” is a vehicle, other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeurs license, or both, without violating any provision of the State Vehicle Code. (Ord. 2694 § 1, 1982)
“Use, change of” means a change from one to another of the following categories:
1. Commercial/retail other than restaurant or convenience store;
2. Restaurant or convenience store;
3. Industrial;
4. Multi-unit residential;
5. Office, other than medical office;
7. Hospital;
8. Medical office;
9. Changes from one use to another which is substantially dissimilar, as determined by the planning director. (Ord. 5151 § 20, 2024; Ord. 3746 § 1, 1997; prior code § 17.08.610)
“Winery” means an agricultural processing plant used for the commercial purpose of fermenting and processing of fruit juice into wine, or the refermenting of still wine into sparkling wine in which the manufacturing is greater than ten thousand cases per year. Retail sales and tasting facilities of wine may be permitted as part of the winery operations. Operations shall continuously comply with the following operational standards:
1. Maintain an approved wastewater discharge plan from the Bakersfield public works department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction. (Ord. 5052 § 1, 2021)
“Winery, boutique” means the manufacturing of ten thousand cases, or less, per year of still wine or sparkling wine. Operations shall continuously comply with the following operational standards:
1. Maintain an approved wastewater discharge plan from the Bakersfield public works department.
2. Maintain a valid California Department of Alcohol and Beverage Control (ABC) license.
3. Obtain appropriate permit from the San Joaquin Valley Air Pollution Control District, if applicable; and adhere to industry best practices for odor reduction. (Ord. 5052 § 1, 2021)
“Yard” means land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building. (Prior code § 17.08.620)
“Front yard” means a yard extending across the full width of the lot between the front lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto. The front yard of a corner lot is the yard adjacent to the shorter street frontage, except in those cases where the latest deed restrictions specify another line as the front lot line. (Prior code § 17.08.630)
“Rear yard” means an open unoccupied space on the same lot with the main building between the rear line of the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto and the rear line of the lot and extending the full width of the lot. (Prior code § 17.08.640)
“Side yard” means a yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line of the lot and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto. (Prior code § 17.08.650)