Zones
A. Purpose. The purpose of this chapter is to describe the character and intent of the city’s mixed-use zones, describe allowed land uses and permit requirements in mixed-use zones, identify any supplemental land use regulations applicable to mixed-use zones, and establish development standards for the same.
B. Zoning Map. The boundaries, designations, and locations of the zones established by this zoning code shall be shown upon the map(s) entitled “Zoning Map for City of Bakersfield” and referred to in this zoning code as the zoning map. Any additional maps adopted shall also be a part of this zoning code by reference. This zoning code, together with the zoning map, is hereby adopted in compliance with current state planning, zoning, and development laws.
C. Zone Purpose Statements. The purpose of the individual mixed-use uses and the way they are applied are as follows:
1. MX-1 (Mixed-Use Neighborhood) Zone. The purpose of the MX-1 mixed-use neighborhood zone is to provide areas within the city for pedestrian oriented developments that focus on neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). This zone also allows mixed-use development comprised of medium-density multi-unit developments (i.e., cottage court apartments, low-rise apartments, and condominiums), It is the intent of the MX-1 zone to encourage a mix of residential and commercial uses, with residential on the upper floors and commercial on the lower floors (vertical mixed-use format), as well as, stand-alone uses in certain circumstances (horizontal mixed-use format). The residential density range for this zone is twenty to thirty dwelling units per acre.
2. MX-2 (Mixed-Use Transit) Zone. The purpose of the MX-2 mixed-use transit zone is to provide for transit- and pedestrian-oriented mixed-use development comprised of high density multi-unit developments (i.e., low-rise, mid-rise apartments, and condominiums). The focus of such development will be on centralized urban development along major corridors, interchanges, transit hubs, and throughout downtown Bakersfield, in conjunction with existing and planned transit facilities to support and maximize transit use. This zone is intended to encourage high quality integrated development consisting of residential and commercial uses in a horizontal and/or vertical arrangement to maximize open space of active and passive use and provide opportunities for place making. The residential density range for this zone is 30.1 to one hundred dwelling units per acre. (Ord. 5155 § 2, 2024)
A. Mixed-Use Zones Allowed Uses and Permit Requirements. Table 17.12-1 indicates the uses allowed within each mixed-use zone and any permits required to establish the use, in compliance with Chapter 17.08 of this code (General Regulations Including Site Plan Review).
B. Additional Regulations. Where the last column in Table 17.12-1 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this zoning code, municipal code, and state law may also apply.
C. Definitions. See Chapter 17.04 of this code (Definitions) for land use definitions and explanations.
D. Uses Not Listed. Uses not listed below may be reviewed by the planning director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required.
Table 17.12-1. Mixed-Use Zones Allowed Uses and Permit Requirements
Key: | P = Allowed by Right; DRA = Director Review and Approval; N = Not Allowed; CUP = Conditional Use Permit | ||
|---|---|---|---|
Land Use | Permit Requirement by Zone | Additional Regulations | |
MX-1 | MX-2 | ||
Residential Uses | |||
Accessory Dwelling Unit (detached, attached, junior) | P | P | |
Accessory Structure | P | P | |
Assisted Living Facility | CUP | CUP | |
Child Day Care Home | P | P | |
Community Care Facility, Large (seven or more residents) | CUP | CUP | 17.04.154.50 |
Community Care Facility, Small (up to seven residents) | P | P | 17.04.154.50 |
P | P | Government Code Section 65582(d) and Health and Safety Code Section 50801(e) | |
Employee Housing, up to seven residents | P | P | |
P | P | ||
P | P | ||
CUP | N | ||
Multi-Unit Dwellings (standalone or incorporated) | P | P | |
Single-Room Occupancy Units | P | P | |
P | P | Government Code Section 65651 | |
P | P | Government Code Section 65651 | |
C-1 Uses Permitted | P | n/a | |
C-1 Uses Permitted Subject to Planning Director Review and Approval | DRA | n/a | |
C-1 Uses Permitted Only by Conditional Use Permit | CUP | n/a | |
C-2 Uses Permitted | n/a | P | |
C-2 Uses Permitted Subject to Planning Director Review and Approval | n/a | DRA | |
C-2 Uses Permitted Only by Conditional Use Permit | n/a | CUP | |
(Ord. 5184 § 1, 2024; Ord. 5155 § 4, 2024)
A. Table 17.12-2, Mixed-Use Zone Development Standards. The intent of Table 17.12-2 is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the mixed-use zones. The table also indicates where additional site and structure requirements, including, but not limited to, off-street parking, landscaping, signage, fences and obstructions, and performance standards, apply to mixed-use zones.
B. Density. Maximum density standards shall be consistent with this title, the general plan (or applicable master plan, specific plan, or area plan).
Table 17.12-2. Mixed-Use Zones Development Standards
Development Feature | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Parcel Area (min square feet or acres) | Parcel Area per Dwelling (min square feet) | Height (max. ft.) | Distance between Structures (min. ft.) | Setbacks (min. ft.) | ||||||
Between Dwelling Units | Between Dwelling/Accessory Units | Between Accessory Units | Front (ft.) | Side (ft.) | Side-Corner (ft.) | Rear (ft.) | ||||
MX-1 | N/A | N/A | 75 | 10 | 3 | 3 | 0 | 5/10 | 5/10 | 10/15 |
MX-2 | N/A | N/A | 120 | N/A | N/A | N/A | 0 | 5/10 | 0/10 | 5/15 |
Other Applicable Regulation | ||||||||||
Additional Regulations
Regulation | Section or Chapter |
|---|---|
Chapter 17.65 | |
Accessory Structures | Section 17.08.130 |
Fences, Walls, and Hedges | Section 17.08.180 |
Section 17.08.110 | |
Landscape Standards | Chapter 17.61 |
Multi-Unit Dwelling Objective Design Standards | Chapter 17.14 |
Off-Street Parking and Loading | Chapter 17.58 |
Section 17.08.125 | |
Yard Encroachments | Section 17.08.170 |
Chapter 17.60 |
(Ord. 5155 § 4, 2024)
A. MX-1-Mixed-Use Neighborhood Zone. Additional Standards per the Allowable Uses in Table 17.12-2.
1. Accessory Structures.
a. The accessory buildings or structures necessary for such use located on the same lot or parcel of land, including a storage garage for the exclusive use of the patrons and employees of the above stores or businesses.
2. Caretaker Unit.
a. Dwelling for use by caretaker or night security, or as accessory and incidental to the permitted use on the parcel.
Additional Development Standards per Those in Table 17.10-2.
3. Side Setback.
a. The side and side-corner setback shall be a minimum of ten feet when the lot abuts upon the side of a lot in any zone other than a commercial zone.
4. Rear Setback.
a. The rear setback shall be a minimum of fifteen feet when the lot abuts upon the side of a lot in any zone other than a commercial zone. If the lot abuts a commercial zone the rear setback can be ten feet.
5. Multi-Story Step-Backs.
a. A minimum step-back of three feet is required for all structures greater than two stories on all elevations of the structure on no less than sixty percent of the first story structure’s wall length.
6. Separation of Uses.
a. Commercial development proposed adjacent to property zoned or designated for residential development shall be required to be separated by a solid masonry wall constructed a minimum height of six feet from highest grade. Any wall located within or along the front yard area shall not exceed a height of four feet.
7. Rooftop Equipment.
a. Rooftop areas of commercial structures shall be completely screened from view by parapets or other finished architectural features constructed to a height of the highest equipment and unfinished structural element or architectural feature of the building. This requirement shall apply to all new commercial construction and remodeling of existing commercial structures which involve a change of fifty percent or more of the roof structure or an addition of fifty percent or more to the floor area of the commercial structure.
8. Encroachments.
a. An encroachment permit is required for any sidewalk uses including, but not limited to those identified in Table 17.12-3.
Table 17.12-3. Mixed-Use Zone Setback Encroachments
Regulation | Section or Chapter |
|---|---|
Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more above surface grade | Allowed in setback area |
Movable tables, chairs, umbrellas, outdoor heaters (outdoor seating) as allowed with an encroachment permit | Allowed in setback area |
Movable partitions or planters to define an outdoor seating area | Allowed in setback area |
Bicycle racks | Allowed in setback area |
Trees and tree wells | Allowed in setback area |
Planters and planting beds extending not more than 18 inches into the setback area and not more than 18 inches in height above grade | Allowed in setback area |
Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20 percent of the length of the side of the structure on which they are located. | Allowed in setback area |
Utility structures | Allowed in setback area |
B. MX-2-Mixed-Use Transit Zone—Additional Development Standards per Those in Table 17.10-2.
1. Side Setback.
a. The side and side-corner setback shall be a minimum of ten feet when the lot abuts upon the side of a lot in any zone other than a commercial zone.
2. Rear Setback.
a. The rear setback shall be a minimum of fifteen feet when the lot abuts upon the side of a lot in any zone other than a commercial zone. If the lot abuts a commercial zone the rear setback can be five feet. (Ord. 5155 § 4, 2024)
Zones
A. Purpose. The purpose of this chapter is to describe the character and intent of the city’s mixed-use zones, describe allowed land uses and permit requirements in mixed-use zones, identify any supplemental land use regulations applicable to mixed-use zones, and establish development standards for the same.
B. Zoning Map. The boundaries, designations, and locations of the zones established by this zoning code shall be shown upon the map(s) entitled “Zoning Map for City of Bakersfield” and referred to in this zoning code as the zoning map. Any additional maps adopted shall also be a part of this zoning code by reference. This zoning code, together with the zoning map, is hereby adopted in compliance with current state planning, zoning, and development laws.
C. Zone Purpose Statements. The purpose of the individual mixed-use uses and the way they are applied are as follows:
1. MX-1 (Mixed-Use Neighborhood) Zone. The purpose of the MX-1 mixed-use neighborhood zone is to provide areas within the city for pedestrian oriented developments that focus on neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). This zone also allows mixed-use development comprised of medium-density multi-unit developments (i.e., cottage court apartments, low-rise apartments, and condominiums), It is the intent of the MX-1 zone to encourage a mix of residential and commercial uses, with residential on the upper floors and commercial on the lower floors (vertical mixed-use format), as well as, stand-alone uses in certain circumstances (horizontal mixed-use format). The residential density range for this zone is twenty to thirty dwelling units per acre.
2. MX-2 (Mixed-Use Transit) Zone. The purpose of the MX-2 mixed-use transit zone is to provide for transit- and pedestrian-oriented mixed-use development comprised of high density multi-unit developments (i.e., low-rise, mid-rise apartments, and condominiums). The focus of such development will be on centralized urban development along major corridors, interchanges, transit hubs, and throughout downtown Bakersfield, in conjunction with existing and planned transit facilities to support and maximize transit use. This zone is intended to encourage high quality integrated development consisting of residential and commercial uses in a horizontal and/or vertical arrangement to maximize open space of active and passive use and provide opportunities for place making. The residential density range for this zone is 30.1 to one hundred dwelling units per acre. (Ord. 5155 § 2, 2024)
A. Mixed-Use Zones Allowed Uses and Permit Requirements. Table 17.12-1 indicates the uses allowed within each mixed-use zone and any permits required to establish the use, in compliance with Chapter 17.08 of this code (General Regulations Including Site Plan Review).
B. Additional Regulations. Where the last column in Table 17.12-1 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this zoning code, municipal code, and state law may also apply.
C. Definitions. See Chapter 17.04 of this code (Definitions) for land use definitions and explanations.
D. Uses Not Listed. Uses not listed below may be reviewed by the planning director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required.
Table 17.12-1. Mixed-Use Zones Allowed Uses and Permit Requirements
Key: | P = Allowed by Right; DRA = Director Review and Approval; N = Not Allowed; CUP = Conditional Use Permit | ||
|---|---|---|---|
Land Use | Permit Requirement by Zone | Additional Regulations | |
MX-1 | MX-2 | ||
Residential Uses | |||
Accessory Dwelling Unit (detached, attached, junior) | P | P | |
Accessory Structure | P | P | |
Assisted Living Facility | CUP | CUP | |
Child Day Care Home | P | P | |
Community Care Facility, Large (seven or more residents) | CUP | CUP | 17.04.154.50 |
Community Care Facility, Small (up to seven residents) | P | P | 17.04.154.50 |
P | P | Government Code Section 65582(d) and Health and Safety Code Section 50801(e) | |
Employee Housing, up to seven residents | P | P | |
P | P | ||
P | P | ||
CUP | N | ||
Multi-Unit Dwellings (standalone or incorporated) | P | P | |
Single-Room Occupancy Units | P | P | |
P | P | Government Code Section 65651 | |
P | P | Government Code Section 65651 | |
C-1 Uses Permitted | P | n/a | |
C-1 Uses Permitted Subject to Planning Director Review and Approval | DRA | n/a | |
C-1 Uses Permitted Only by Conditional Use Permit | CUP | n/a | |
C-2 Uses Permitted | n/a | P | |
C-2 Uses Permitted Subject to Planning Director Review and Approval | n/a | DRA | |
C-2 Uses Permitted Only by Conditional Use Permit | n/a | CUP | |
(Ord. 5184 § 1, 2024; Ord. 5155 § 4, 2024)
A. Table 17.12-2, Mixed-Use Zone Development Standards. The intent of Table 17.12-2 is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the mixed-use zones. The table also indicates where additional site and structure requirements, including, but not limited to, off-street parking, landscaping, signage, fences and obstructions, and performance standards, apply to mixed-use zones.
B. Density. Maximum density standards shall be consistent with this title, the general plan (or applicable master plan, specific plan, or area plan).
Table 17.12-2. Mixed-Use Zones Development Standards
Development Feature | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Parcel Area (min square feet or acres) | Parcel Area per Dwelling (min square feet) | Height (max. ft.) | Distance between Structures (min. ft.) | Setbacks (min. ft.) | ||||||
Between Dwelling Units | Between Dwelling/Accessory Units | Between Accessory Units | Front (ft.) | Side (ft.) | Side-Corner (ft.) | Rear (ft.) | ||||
MX-1 | N/A | N/A | 75 | 10 | 3 | 3 | 0 | 5/10 | 5/10 | 10/15 |
MX-2 | N/A | N/A | 120 | N/A | N/A | N/A | 0 | 5/10 | 0/10 | 5/15 |
Other Applicable Regulation | ||||||||||
Additional Regulations
Regulation | Section or Chapter |
|---|---|
Chapter 17.65 | |
Accessory Structures | Section 17.08.130 |
Fences, Walls, and Hedges | Section 17.08.180 |
Section 17.08.110 | |
Landscape Standards | Chapter 17.61 |
Multi-Unit Dwelling Objective Design Standards | Chapter 17.14 |
Off-Street Parking and Loading | Chapter 17.58 |
Section 17.08.125 | |
Yard Encroachments | Section 17.08.170 |
Chapter 17.60 |
(Ord. 5155 § 4, 2024)
A. MX-1-Mixed-Use Neighborhood Zone. Additional Standards per the Allowable Uses in Table 17.12-2.
1. Accessory Structures.
a. The accessory buildings or structures necessary for such use located on the same lot or parcel of land, including a storage garage for the exclusive use of the patrons and employees of the above stores or businesses.
2. Caretaker Unit.
a. Dwelling for use by caretaker or night security, or as accessory and incidental to the permitted use on the parcel.
Additional Development Standards per Those in Table 17.10-2.
3. Side Setback.
a. The side and side-corner setback shall be a minimum of ten feet when the lot abuts upon the side of a lot in any zone other than a commercial zone.
4. Rear Setback.
a. The rear setback shall be a minimum of fifteen feet when the lot abuts upon the side of a lot in any zone other than a commercial zone. If the lot abuts a commercial zone the rear setback can be ten feet.
5. Multi-Story Step-Backs.
a. A minimum step-back of three feet is required for all structures greater than two stories on all elevations of the structure on no less than sixty percent of the first story structure’s wall length.
6. Separation of Uses.
a. Commercial development proposed adjacent to property zoned or designated for residential development shall be required to be separated by a solid masonry wall constructed a minimum height of six feet from highest grade. Any wall located within or along the front yard area shall not exceed a height of four feet.
7. Rooftop Equipment.
a. Rooftop areas of commercial structures shall be completely screened from view by parapets or other finished architectural features constructed to a height of the highest equipment and unfinished structural element or architectural feature of the building. This requirement shall apply to all new commercial construction and remodeling of existing commercial structures which involve a change of fifty percent or more of the roof structure or an addition of fifty percent or more to the floor area of the commercial structure.
8. Encroachments.
a. An encroachment permit is required for any sidewalk uses including, but not limited to those identified in Table 17.12-3.
Table 17.12-3. Mixed-Use Zone Setback Encroachments
Regulation | Section or Chapter |
|---|---|
Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more above surface grade | Allowed in setback area |
Movable tables, chairs, umbrellas, outdoor heaters (outdoor seating) as allowed with an encroachment permit | Allowed in setback area |
Movable partitions or planters to define an outdoor seating area | Allowed in setback area |
Bicycle racks | Allowed in setback area |
Trees and tree wells | Allowed in setback area |
Planters and planting beds extending not more than 18 inches into the setback area and not more than 18 inches in height above grade | Allowed in setback area |
Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20 percent of the length of the side of the structure on which they are located. | Allowed in setback area |
Utility structures | Allowed in setback area |
B. MX-2-Mixed-Use Transit Zone—Additional Development Standards per Those in Table 17.10-2.
1. Side Setback.
a. The side and side-corner setback shall be a minimum of ten feet when the lot abuts upon the side of a lot in any zone other than a commercial zone.
2. Rear Setback.
a. The rear setback shall be a minimum of fifteen feet when the lot abuts upon the side of a lot in any zone other than a commercial zone. If the lot abuts a commercial zone the rear setback can be five feet. (Ord. 5155 § 4, 2024)