The purpose of the Highway Commercial (CH) district is to designate areas for uses and services normally associated with the traveling public. The CH district shall be located adjacent to or in close proximity to major highways. The CH district may be combined with the Cluster (CL) combining district to achieve innovative, creative commercial development. The CH district is intended to promote a unified grouping of travel-oriented uses such as gas stations, restaurants and motels. It is also intended to permit limited urban type uses in rural areas adjacent to highways with a minimum of encroachment on surrounding agricultural activities.

(Prior code § 7070.01)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the CH district in accordance with the standards and procedures set out in Chapter 19.80 of this title:

A.

Residential Uses.

— Bed and breakfast inn

— Dwelling unit located entirely above the ground floor of a commercial building as specified in Section 19.34.130(C)

— Emergency shelter

— Manager, caretaker or proprietor quarters

— Supportive or transitional housing, including rehabilitation facilities;

B.

Recreation, Entertainment and Tourist Facilities.

— Health club

— Hotel or motel

— Movie theater, walk-in

— Tennis and swim club;

C.

Commercial Uses.

1.

Offices:

— Business and professional

— Real estate,

2.

General Retail Sales:

— Antiques, with no outside storage or displays

— Auto, new or used

— Auto tire, including service

— Bait and tackle shop

— Bicycle, including rental, service, and repair

— Boat sales

— Drugs and pharmaceuticals

— Fireworks stand, temporary

— Gift and card

— Gun sales, including repair, when accessory to a permitted use

— Ice vending machine

— Locksmith or key and lock shop

— Mobilehomes, including rental and service

— Motorcycles, including service and repair

— Photographic supply or camera

— Recreational vehicles, including service

— Ticket agency

— Variety

— Video and audio tape sales and rentals,

3.

Food and Beverage Retail Sales:

— Convenience market

— Drive-in food market or dairy

— Food store

— Liquor store

— Specialized, including meat, vegetables, health food, or candy,

4.

Eating and Drinking Establishments:

— Bar, tavern, or cocktail lounge

— Restaurant, cafe, or coffee shop

— Restaurant, fast-food,

5.

Services:

— Ambulance

— Auto rental

— Auto service or repair

— Auto service station, large

— Auto service station, small

— Auto towing

— Auto wash

— Auto wash, self-service

— Barber or beauty shop

— Packaging and mailing services

— Shoe-shine stand

— Smog inspection station

— Tattoo parlor and body piercing

— Telegraph

— Travel agency

— Truck fueling station, without repair facilities;

D.

Transportation Facilities.

— Auto parking garage or lot;

E.

Institutional Uses.

— Church

— Fire or police station

— Public agency or utility buildings and facilities;

F.

Resource Extraction and Energy Development Uses.

— Solar energy electrical generators which are accessory to a permitted or conditionally permitted use and where the power generated does not exceed the total on-site power demand

— Wind-driven electrical generator with a rated capacity of no greater than fifteen (15) kilowatts for on-site consumption of the electricity, provided the system can be safely erected and maintained in view of surrounding circumstances and conditions;

G.

Utility and Communication Facility.

— Small wind energy system, pursuant to Section 19.08.415

— Transmission lines and supporting towers, poles, pipelines and underground facilities for gas, water, electricity, telephone or telegraph service owned and operated by a public utility company under the jurisdiction of the California Public Utilities Commission pursuant to Section 19.08.090 of this title;

H.

Miscellaneous Uses.

— Commercial coach, temporary, not exceeding six (6) months

— Community garden pursuant to Section 19.34.130 of this chapter

— Construction trailer, temporary, during construction activity only

— Day-care center, without extended overnight services

— Drainage sump, if proposed and approved as part of a tentative subdivision map or tentative parcel map, or if accessory to a permitted use

— Water system, small or large.

(Ord. G-7482 § 50, 2007; Ord. G-6968 § 31, 2003; Ord. G-6641 § 17, 1999; Ord. G-6551 §§ 49, 50, 1998; Ord. G-6191 § 32, 1995; Ord. G-6077 §§ 151, 152, 1994; Ord. G-5966 § 63, 1993; Ord. G-5803 § 31, 1992; Ord. G-5684 §§ 51, 52, 1991; Ord. G-4832 § 108, 1988; prior code § 7070.02)

(Ord. No. G-7821, § 48, 1-27-09; Ord. No. G-8226, §§ 48, 49, 11-8-11)

The following uses and all others determined to be similar to these uses pursuant to Sections 19.08.030 through 19.08.080 of this title are permitted in the CH district in accordance with the standards set out in Chapter 19.80 of this title and subject to securing a conditional use permit in accordance with the standards and procedures set out in Chapter 19.104 of this title:

A.

Residential Uses.

— Apartment

— Mobilehome

— Single-family dwelling;

B.

Recreation, Entertainment and Tourist Facilities.

— Amusement park

— Batting cage

— Campground

— Circus or carnival

— Golf course

— Miniature golf course

— Movie theater, drive-in

— Racetrack or test track, automobile, motorcycle or horse

— Recreational vehicle park

— Sports arena, indoor

— Sports arena, outdoor

— Trade fairs and exhibitions, temporary (fourteen (14) day maximum), excluding flea markets and swap meets

— Whitewater rafting launch or landing site;

C.

Commercial Uses.

1.

Food and beverage retail sales:

— Fruit stand, temporary,

2.

Services:

— Equipment, heavy, and truck or trailer rental

— Truck fueling station, with repairs;

D.

Transportation Facilities.

— Airport

— Bus depot

— Heliport

— Railroad station

— Taxi depot, including service and storage;

E.

Utility and Communications Facilities.

— Communications equipment building

— Radio, television, microwave or commercial communications transmitter, receiver or translator

— Utility substation;

F.

Resource Extraction and Energy Development Uses.

— Oil or gas exploration and production

— Wind-driven electrical generators, commercial or domestic;

G.

Waste Facilities.

— Community septic disposal system

— Sewage treatment plant

— Transfer station, small

— Waste-to-energy facility;

H.

Institutional Uses.

— Auditorium, public;

I.

Educational Institutions and Schools.

1.

General:

— College or university;

J.

Miscellaneous Uses.

— Cargo containers, when accessory to a permitted use

— Commercial coach, in excess of six (6) months

— Day care center, with extended overnight services

— Drainage sump

— Water treatment plant.

(Ord. G-7482 § 52, 2007; Ord. G-6968 § 33, 2003; Ord. G-6641 § 19, 1999; Ord. G-6551 § 52, 1998; Ord. G-6191 § 34, 1995; Ord. G-6077 § 154, 1994; Ord. G-5966 § 65, 1993; Ord. G-5803 § 33, 1992; Ord. G-5684 §§ 53—55, 1991; Ord. G-4993 §§ 30, 31, 1988; Ord. G-4832 §§ 109, 110, 1988; prior code § 7070.03)

All other uses not permitted by Sections 19.34.020 and 19.34.030 of this chapter or accessory thereto under Section 19.08.110 are prohibited in the CH district.

(Ord. G-7189 § 36, 2005; prior code § 7070.04)

Except as otherwise provided in Chapter 19.58 of this title, no lot created within the CH district shall contain less than seven thousand five hundred (7,500) net square feet, excepting in the case of the conveyance to or from a governmental agency, public entity, public utility, community water company or mutual water company for public purposes, public utility purposes, or for rights-of-way or well sites.

(Ord. G-6077 § 156, 1994: Prior code § 7070.05)

There is no requirement regarding minimum lot area per dwelling unit in the CH district. Dwelling units are not permitted, except as accessory to a permitted use or with approval of a conditional use permit pursuant to Section 19.34.030(A).

(Ord. G-6077 § 157, 1994: Prior code § 7070.06)

Yard and setback requirements in the CH district are as follows:

A.

Front Yard. The front-yard minimum setback for all buildings shall be as follows:

1.

Forty (40) feet from the legal centerline of any existing or proposed public or private local street;

2.

Forty-five (45) feet from the legal centerline of any existing or proposed secondary highway;

3.

Fifty-five (55) feet from the legal centerline of any existing or proposed major highway.

B.

Side Yard. None required.

C.

Rear Yard. There shall be a rear yard of not less than twenty (20) feet, except that no rear yard shall be required in the event that a public alley exists. Rear yard requirements may be reduced in accordance with the Kern County fire code if written approval is obtained from the Kern County fire chief and planning director.

D.

Yards and Setbacks for Residential Development. Yards and setbacks for residential developments shall be the same as those specified in Section 19.22.070 of this title. For developments containing both commercial and residential uses within the same building, yards and setbacks shall be as specified in subsections (A), (B) and (C) of Section 19.34.070 of this chapter.

E.

In no case shall the buildings be located in any existing or future right-of-way established by any official or specific plan line, street, access easement or adopted circulation element of the applicable general or specific plan.

(Ord. G-6551 § 54, 1998: Ord. G-6077 § 158, 1994; Ord. G-4832 §§ 111, 112, 1988; Prior code § 7070.07)

The following height limits apply in the CH district:

A.

Buildings and structures shall not exceed three (3) stories or thirty-five (35) feet.

B.

Detached accessory structures shall not exceed two (2) stories or thirty-five (35) feet.

C.

Radio and television antennas, communication towers, chimneys, and other similar structures shall not exceed eighty (80) feet.

(Prior code § 7070.08)

(Ord. No. G-8226, § 50, 11-8-11)

There is no minimum distance requirement between structures in the CH district.

(Prior code § 7070.09)

Off-street parking in the CH district shall be provided in accordance with the requirements of Chapter 19.82 of this title.

(Prior code § 7070.10)

A.

The following signs are permitted in the CH district in accordance with Chapter 19.84 of this title:

1.

Temporary real estate signs advertising the property for sale or rent, not to exceed sixteen (16) square feet, excluding the area of any vertical and/or horizontal support members;

2.

Temporary construction signs;

3.

Temporary political, religious or civic campaign signs;

4.

Institutional identification signs;

5.

Wall signs attached to buildings;

6.

Monument signs, not to exceed forty-eight (48) square feet each;

7.

Pole signs, not to exceed two hundred forty (240) square feet in area each and not exceeding a height of thirty-five (35) feet;

8.

Off-site advertising signs, not exceeding a height of thirty-five (35) feet.

(Ord. G-6077 § 160, 1994: Ord. G-5966 § 67, 1993; Ord. G-5684 § 56, 1991: Prior code § 7070.11)

Landscaping in the CH district shall be provided in accordance with the requirements of Chapter 19.86 of this title.

(Prior code § 7070.12)

A.

All development in the CH district shall comply with the minimum standards set out in Chapter 19.80 of this title.

B.

Development in the CH district shall comply with the interpretations and provisions of Chapter 19.08 of this title.

C.

Residential development shall be subject to the High-density Residential (R-3) district requirements as specified in Chapter 19.22 of this title.

D.

Community gardens are permitted subject to the issuance of a permit as provided for in Section 19.102.070 of this title and subject to following the requirements:

1.

The lot or lots used for the garden are owned or leased by a property owner's association, homeowner's association, tenant's association, nonprofit organization or public agency which has established an organizational entity and framework for administration of the garden.

2.

The organizational entity that administers the garden shall establish and enforce rules pertaining to the use of the property and rights of membership. A copy of the adopted rules shall be filed with the Kern County Planning and Community Development Department, together with name and contact information of an individual who oversees the program. The adopted rules shall contain provisions requiring the removal of all structures and materials in the event of the dissolution of the administering entity.

3.

A maximum of five (5) acres shall be used in conjunction with any community garden site established pursuant to this chapter. Larger garden sites may be accommodated through the conditional use permit provisions contained in Chapter 19.104 of this title.

4.

Each community garden site shall be posted with a sign not exceeding sixteen (16) square feet and not exceeding a height of six (6) feet that identifies the site as a community garden and provides essential contact information.

5.

No permanent buildings shall be permitted; however, temporary structures not exceeding one hundred twenty (120) square feet each may be placed on-site for the storage of tools, materials, and equipment used for on-site gardening, if authorized under the rules adopted by the organizational entity that administers the garden. The combined area of all such storage structures shall not exceed ten percent (10%) of the overall garden site area. Benches or picnic tables, composting bins, trash containers, garden art, and designated play areas for children may be provided for the benefit of community garden members, if provided for in the adopted rules governing the use of the site and rights of membership and if determined by the planning director to be clearly accessory and incidental to the community garden. Perimeter and individual plot fencing is permitted and shall not exceed a height of six (6) feet.

6.

The community garden shall be operated and maintained in such a manner so that irrigation water is retained on-site and there are no off-site erosion or sedimentation impacts.

7.

There shall be no on-site sales except for produce grown on-site. One (1) temporary produce stand not exceeding an area of six hundred (600) square feet may be permitted for each community garden site, if provided for in the adopted rules governing the use of the site and rights of membership and considered by the planning director pursuant to Section 19.102.070. Up to two (2) temporary on-site signs not exceeding a combined total of forty-eight (48) square feet to advertise the sale of produce may be authorized in conjunction with a request for a temporary produce stand, as determined by the planning director.

8.

The planning director may impose reasonable conditions in conjunction with approval of a community garden permit that are deemed necessary to safeguard public health, safety, and general welfare.

9.

If public complaints arise from the operations of a community garden authorized by this title or if any such garden creates nuisance impacts on surrounding roads or properties, the planning director may serve written notice upon the community garden property owner and the responsible organizational entity to abate the problem. If the problem continues beyond a reasonable time period as set forth in the planning director's written order, the planning director may schedule a public hearing pursuant to Sections 19.102.020 and 19.102.090 of this title. The planning director shall consider whether or not the community garden may continue to operate and may modify conditions or impose additional conditions deemed necessary to safeguard the public health, safety, and general welfare. If the planning director orders the closure of the community garden, all structures, material, and produce shall be removed from the site within sixty (60) days of the effective date of said order. Any decision of the planning director may be appealed to the board of supervisors, subject to payment of the required filing fee and the applicable provisions specified in Section 19.102.110 of this title.

(Ord. G-4832 § 113, 1988; Prior code § 7070.13)

(Ord. No. G-8226, § 51, 11-8-11)