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Bakersfield City Zoning Code

17.42 FP-P

Floodplain Primary Zone

17.42.010 Generally.

The regulations set out in this chapter shall apply in the FP-P floodplain primary zone unless otherwise provided in this chapter. (Prior code § 17.46.010)

17.42.020 Purpose and application.

A. Purpose. The purpose of the FP-P zone, primary floodplain zone shall be the prevention of loss of life, the minimization of property damage, and the maintenance of satisfactory conveyance capacities of waterways through the prevention of obstructions in the floodplain which diminish the ability of the floodplain to carry overloads during periods of flooding and to permit economic recovery of oil, gas and hydrocarbon substances, to the end that such economically vital development will offer a minimum obstruction to flood-flow, will not cause peripheral flooding of other properties, will not materially impair the ability of the primary floodplain to discharge the waters resulting from an intermediate regional flood, will either be resistant to flotation or immune to extensive damage by flooding. This zone is intended for application in those areas of the city which lie within natural streambeds and those portions of adjacent floodplains through which high velocity waterflows are channelized in times of flood.

B. Exclusive Zone. This zone is an exclusive zone and may be applied only to those areas within the boundaries of the intermediate regional flood which have been determined to be the primary floodplain area. (Prior code § 17.46.020)

17.42.030 Uses permitted.

The following uses are permitted in the FP-P zone:

A. Remedial work, improvements and floodproofing which will permit development within such zone in accordance with this chapter so that any such development will offer no more obstruction to flood flow than that which will cause a zero rise in the surface of the intermediate regional flood in any section of the river, will not cause peripheral flooding of other properties, will not materially impair the ability of the primary floodplain to discharge the waters resulting from an intermediate regional flood, will either be resistant to flotation or immune to extensive damage by flooding and will not endanger life or property;

B. Flood control channels, surface water spreading grounds, streambed retarding basins and other similar facilities;

C. Grazing, field crops, truck gardening, wildlife preserves, horticultural specialties, excluding trees, and similar agricultural or open space uses, riding and hiking trails;

D. Public utility facilities excepting those structures for which a conditional use permit is required under Section 17.42.060. (Ord. 5064 § 1, 2021; prior code § 17.46.030)

17.42.040 Uses permitted subject to building director permit.

The following uses are permitted in an FP-P zone subject to a permit issued by the building director:

A. Private or public open recreational or sporting uses or events for a period of not to exceed one week at a time;

B. Water wells, drilled not less than ten feet of the toe of the bank of the river. (Ord. 3477 § 7, 1992; Ord. 2800 § 1, 1983; prior code § 17.46.040)

17.42.060 Uses permitted only by conditional use permit.

Notwithstanding subsection B of Section 17.64.020, the following uses are the only uses permitted by conditional use permit issued in accordance with the procedures provided in Chapter 17.64 of this title:

A. Public and private open recreational or sporting uses, including parks, aquatic facilities, playgrounds, campgrounds, golf courses, golf driving ranges, fishing and hunting clubs.

B. Parking lots.

C. Public utility structures;

D. Temporary and readily removable structures accessory to uses permitted under Sections 17.42.030 and 17.42.040. (Ord. 3746 § 15, 1997; Ord. 2981 § 4, 1985; Ord. 2717 § 2, 1982; prior code § 17.46.050)

17.42.070 Uses specifically prohibited.

The following uses are specifically prohibited in the FP-P zone:

A. All uses not permitted by Sections 17.42.030, 17.42.040 and 17.42.060;

B. Human habitations;

C. Excavations that will tend to direct flood-flows out of the natural floodplain;

D. Storage of floatable substances or materials which will add to the debris load of a stream or watercourse;

E. Improvements, developments or encroachments which will endanger life or property or that will obstruct the natural flow of floodwater or impair the ability of the streambed and that portion of the floodplain that would be used to carry flood-flows, to carry and discharge the waters resulting from the intermediate regional flood;

F. Any use which endangers temporary safeguards erected until such time as flood protection or control works have been constructed;

G. Drilling for and production of petroleum, except that area located within the state approved boundary of the Kern River oil field as delineated on Map 457 of the D.O.G. (Ord. 3477 § 3, 1992; prior code § 17.46.060)