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Bakersfield City Zoning Code

17.44 FP-S

Floodplain Secondary Zone

17.44.010 Generally.

The regulations set out in this chapter shall apply in the FP-S floodplain secondary zone unless otherwise provided in this chapter. (Prior code § 17.46.090)

17.44.020 Purpose and application.

A. Purpose. The purpose of the FP-S, secondary floodplain combining zone shall be the protection of life and property from the hazards and damages which may result from floodwaters of the intermediate regional flood and to permit economic recovery of oil, gas and hydrocarbon substances.

B. Application. This zone is intended for application to those areas of the city which lie within the fringe area of the floodplain and are subject to less severe inundation during flooding conditions than occurs in the FP-P zone. This zone may be applied only to those areas located within boundaries of the intermediate regional flood which lie outside the FP-P primary floodplain zone. Land may be classified as being solely in the FP-S zone and subject to the development standards and regulations set forth in this chapter or the FP-S zone may be used as an overlay to modify an underlying zone and provide more restrictive standards and regulations than would otherwise apply in such underlying zone. (Ord. 2800 § 2, 1983; prior code § 17.46.100)

17.44.030 Uses permitted.

Subject to the prohibitions of Section 17.44.070, the following uses are permitted in the FP-S zone:

A. All uses permitted by Section 17.42.030;

B. Single-unit dwellings and accessory residential, recreational and agricultural structures shall be allowed if they are allowed in the underlying or base zone, if any, only if they comply with one of the following conditions:

1. The finish floor grade of any such building will be above the intermediate regional flood level, or

2. 

a. All permanent buildings will be protected from flooding by dikes, levees or other flood protection works whose design is approved by the city engineer, and

b. Individual sewage systems shall be maintained outside the limits of the FP-S zone, unless protected by flood-control devices approved by the city engineer and shall not be located closer than one hundred feet to any surface water source (domestic, agricultural wells, etc.). (Ord. 5170 § 1, 2024; Ord. 2800 § 3, 1983; prior code § 17.46.110)

17.44.040 Uses permitted subject to building director permit.

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

A. Any use permitted under Section 17.42.040 subject to the regulations and conditions as provided in this section.

B. The building director shall issue a permit for the drilling of an oil, gas, or water well only if, in addition to determining that all other regulations applicable thereto have been or will be complied with, he determines to his satisfaction, after consultation with the director of the city department of water resources, that the proposed well is so located in coordination with other drilling locations so that the combined effect of such wells will not produce a rise in the surface of the one-hundred-year flood in excess of one foot. (Ord. 3477 § 4, 1992; Ord. 2800 §§ 4, 5, 1983; prior code § 17.46.120)

17.44.060 Uses permitted only by conditional use permit.

While any use may be permitted by conditional use permit pursuant to subsection B of Section 17.64.020, the following uses are not permitted in the FP-S zone except by conditional use permit issued in accordance with the procedures provided in Chapter 17.64 of this title:

A. All uses permitted in the underlying or base zone, if any, which are not allowed pursuant to Section 17.44.030.

B. All uses which may be permitted subject to planning director approval and conditional use permit in the underlying or base zone, if any.

C. Recreation areas, parks, campgrounds, playgrounds, fishing lakes, hunting and gun clubs, golf courses, golf driving ranges, parking lots.

D. Temporary and readily removable structures accessory to recreational or agricultural uses.

E. Riding stables.

F. Public utility facilities. (Ord. 3943 § 10, 1999; Ord. 3746 § 16, 1997; Ord. 2800 §§ 6, 7, 1983; prior code § 17.46.130)

17.44.070 Uses specifically prohibited.

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

A. Landfills, improvements, developments or other encroachments which will, in the opinion of the city engineer, endanger life or property or that will significantly obstruct the natural flow of floodwater within the intermediate regional flood elevation;

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

C. Excavations that will tend to broaden the floodplain or direct flows out of the natural floodplain. (Ord. 2800 § 8, 1983; prior code § 17.46.140)