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Kern County Unincorporated
City Zoning Code

19.16.130

Special review procedures and development standards.

The following special review procedures and development standards apply in the E district:

A.

The breeding and raising of animals permitted pursuant to Section 19.16.020 of this chapter shall be limited to poultry, rabbits, and birds for domestic or hobby purposes, or similar small fowl and animals raised for food, scientific, or fur-bearing purposes, provided not more than twelve (12) of any one (1) or combination of such animals may be maintained on a single lot, except that a maximum of forty (40) pigeons may be kept within an enclosed structure. Animal enclosures shall be subject to the setback requirements specified in Section 19.16.090(B).

B.

A mobilehome or recreational vehicle permitted as a temporary dwelling pursuant to Section 19.16.020 of this chapter shall comply with the following standards:

1.

Building permits for construction of the conventional single-family residence shall be obtained prior to or concurrently with the installation permit for the mobilehome.

2.

The mobilehome shall be removed from the premises or the recreational vehicle shall be removed from the premises or placed in dead storage if:

a.

Six (6) months has passed since the mobilehome or recreational vehicle was installed;

b.

Seven (7) days has passed since the conventional dwelling unit was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

3.

One (1) extension of time for a period not to exceed six (6) months may be granted by the planning director upon written request of the property owner. The extension of time may only be approved subject to the following conditions:

a.

An active building permit is on file with the Kern County engineer and survey services department (building inspection division);

b.

The construction of the conventional dwelling unit on the site has progressed to a stage of inspection and approval of the framing, rough electrical, rough mechanical, and rough and top-out of plumbing of the dwelling.

4.

Any mobilehome or recreational vehicle permitted as a temporary dwelling in excess of a six (6) month period of time pursuant to subsection (B)(3) of Section 19.16.130 of this chapter shall be removed or placed in dead storage if:

a.

The extension of time has expired;

b.

Seven (7) days has passed since the conventional dwelling unit was approved for occupancy;

c.

The building permit has lapsed due to lack of activity.

C.

Garage or yard sales are permitted without special permit provided they meet the following standards:

1.

Sales last no longer than three (3) days;

2.

Sales are held no more than twice yearly;

3.

Sales are conducted on the owner's or tenant's property. Multiple-family sales are permitted if they are held on the property of one (1) of the participants;

4.

No goods purchased for resale may be offered for sale;

5.

No consignment goods may be offered for sale;

6.

Directional signs may be placed on the street right-of-way;

7.

All directional and advertising signs shall be freestanding and removed after completion of the sale;

8.

All directional and advertising signs placed on private property shall have the owner's permission;

9.

No directional or advertising signs may be larger than two (2) feet by three (3) feet.

D.

Temporary on-site real estate tract sales offices are permitted without special permit provided they meet the following standards:

1.

The office shall be permitted for recorded subdivision tracts only;

2.

No more than one (1) office shall be permitted within any subdivision tract;

3.

Only lots within the subject subdivision tract shall be marketed through the office;

4.

All signs shall conform with the requirements of Section 19.84.070;

5.

No construction equipment or materials storage shall be permitted; and

6.

Upon sale of all lots within the residential tract, the site shall be converted to residential use.

E.

Manufactured homes shall be permitted provided that the proposed manufactured home complies with the following requirements:

1.

The manufactured home shall be certified under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C.—Section 5401 et seq.); and

2.

The manufactured home shall be installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code; and

3.

The manufactured home is no older than ten (10) years from the date application is made for an installation permit; and

4.

The manufactured home has a width greater than sixteen (16) feet; and

5.

The manufactured home complies with the following architectural requirements:

a.

A minimum three-twelfths (three (3) inches vertical to twelve (12) inches horizontal) roof pitch, and

b.

Shingles customarily utilized in the construction of conventional single-family dwellings, and

c.

A minimum one (1) foot eave around the entire perimeter of the manufactured home as measured from the vertical wall surface, and

d.

Nonreflective siding material customarily utilized in the construction of conventional single-family dwellings which shall extend to ground level, and

e.

Siding material utilized as skirting shall be the same in construction materials, composition and color as the siding material utilized on the exterior wall surface of the manufactured home;

6.

Manufactured homes or mobilehomes not meeting all of the installation and architectural requirements specified in this section shall be permitted only upon approval of a conditional use permit, pursuant to Chapter 19.104.

F.

Notwithstanding the requirements of this chapter, the breeding and raising of up to two (2) large animals may be permitted with approval of a temporary animal permit subject to the following standards and conditions:

1.

The applicant shall be sponsored by a bona fide organization, such as, but not limited to, Future Farmers of America, 4-H Club, Cow-Belles or Junior Farmer.

2.

The animals can be kept in such a manner as to not create adverse impacts on adjacent properties.

3.

Animal keeping areas are cleaned daily.

4.

The animals are kept in good health.

5.

The written consent of each abutting property owner consenting to the granting of the temporary animal permit must be obtained.

6.

The applicant shall allow inspection of animal maintenance facilities, when requested, by responsible county agencies.

The temporary animal permit shall be for a maximum period of six (6) months from the effective date of the permit. No more than one (1) such permit shall be approved for any lot within a one- (1-) year time period.

G.

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, non-profit 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 planning 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 Section 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.

H.

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

(Ord. G-6864 §§ 23, 24, 2002; Ord. G-6417 § 3, 1997; Ord. G-6331 § 3, 1996; Ord. G-6077 §§ 62, 63, 1994; Ord. G-5966 § 32, 1993; Ord. G-4916 § 7, 1989; Ord. G-4832 § 46, 1988; Prior code § 7025.13)

(Ord. No. G-8226, §§ 18, 19, 11-8-11)