The zoning ordinance codified in this chapter is adopted pursuant to authority granted to cities by title 7, division I, chapter 4, article 2, section 65850 of the Government Code (State Planning and Zoning Law).

(Ord. No. No. 2008-04 § 1.)

The zoning ordinance codified in this chapter shall be known as the "Brawley Zoning Ordinance."

(Ord. No. 2008-04 § 1.)

The provisions of this zoning ordinance, insofar as they are substantially the same as the provisions of any ordinance or portions of any ordinance repealed by the zoning ordinance codified in this chapter, shall be construed as restatements and continuations thereof, and not as new enactments.

(Ord. No. 2008-04 § 1.)

(a)

The purpose of this zoning ordinance is to classify, designate, regulate and restrict the use of land, buildings and other structures so as to ensure that the goals and objectives of the general plan are realized, and to ensure protection and enhancement of the public health, safety and general welfare. It is the further purpose of this zoning ordinance to designate sufficient land within the city of Brawley for residential, commercial, industrial, agricultural, open space and recreational uses. The further purpose of this zoning ordinance is to ensure adequate provision of community facilities and utilities, such as streets, schools, parks, water, and sewage disposal facilities, which in turn will promote the city of Brawley as a wholesome, serviceable, and environmentally attractive community in which to live and work.

(b)

The relationship between the Brawley general plan land use designations and zone districts are listed in table 27.4. This table indicates how properties citywide should be zoned to be consistent with the land use policy map. The table shows nine of the ten general plan land use categories (transportation corridor has been omitted) and the seventeen zoning categories.

(Ord. No. 2008-04 § 1.)

Table 27.4
Relationship of Zoning Categories and General Plan Designations

No person or persons shall use any premises in any zone except as hereinafter specifically permitted by this zoning ordinance, and subject to all the regulations and conditions enumerated in this zoning ordinance. Wherever this zoning ordinance prohibits the "use" of any premises for any purpose, such premises, and any building, structure, or improvement located on such premises shall not be used, occupied, altered or improved for any such prohibited purpose, and no building, structure or improvement on such premises shall be erected, constructed, established, maintained, allowed to remain, altered, moved onto or enlarged which is designed, arranged, or intended to be occupied or used for any prohibited purpose.

(Ord. No. 2008-04 § 1.)

In interpreting and applying the provisions of this zoning ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, morals and general welfare.

(Ord. No. 2008-04 § 1.)

The provisions of this zoning ordinance shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this zoning ordinance is more restrictive than such other ordinance, or part thereof; and that in all particulars where this zoning ordinance is not more restrictive, each such other ordinance shall remain in full force and effect.

(Ord. No. 2008-04 § 1.)

Nothing in this zoning ordinance shall be construed to authorize the use of any lot or parcel of land in violation of this zoning ordinance or any other applicable statute, ordinance or regulation.

(Ord. No. 2008-04 § 1.)

Whenever reference is made to any portion of this zoning ordinance, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.

(Ord. No. 2008-04 § 1.)

If any provision, or portion of any provision, of this zoning ordinance, or the application thereof to any person or circumstances is held invalid, the remainder of the zoning ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. No. 2008-04 § 1.)

All variances previously granted pursuant to the provisions of ordinance no. 638 shall be deemed to legally continue in effect under sections 27.271 through 27.289 (Variances and Conditional Use Permits) of this zoning ordinance, and shall be subject to all the conditions and provisions governing such variances upon the effective date of the zoning ordinance codified in this chapter.

(Ord. No. 2008-04 § 1.)

All conditional use permits previously granted pursuant to the provisions of ordinance no. 638 shall be deemed to legally continue in effect under sections 27.271 through 27.289 (Variances and Conditional Use Permits) of this zoning ordinance, and shall be subject to all the conditions and provisions governing such conditional use permits upon the effective date of the zoning ordinance codified in this chapter.

(Ord. No. 2008-04 § 1.)

Any use established or conducted, or any building or improvement lawfully existing as a nonconforming use prior to the effective date of the zoning ordinance codified in this chapter pursuant to ordinance no. 638, shall be deemed to be lawfully continued under this zoning ordinance and the determination of the termination date established by this zoning ordinance shall be computed from the original date said use became nonconforming under ordinance no. 638.

(Ord. No. 2008-04 § 1.)

The rights granted by any previously issued permit, license or other approval under any ordinance repealed by this zoning ordinance shall not be affected by such repeal, but such rights shall hereafter be exercised in accordance with the provisions of this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Any use established or conducted, or any building or improvement existing, in violation of ordinance no. 638, upon the effective date of the zoning ordinance codified in this chapter shall not be deemed to have acquired the status of a nonconforming use by virtue of the adoption of this zoning ordinance or any provision thereof. To the extent that such use, building, or improvement was a violation of ordinance no. 638, or any ordinance, statute, or law, or is a violation of this zoning ordinance, it shall be deemed to be a continuing violation.

(Ord. No. 2008-04 § 1.)

The planning director is hereby vested with the duty of administering and enforcing this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Whenever by ordinance an administrative power is granted to or an administrative duty imposed upon the planning commission, the planning commission may authorize or instruct the planning director to exercise such administrative power, or perform such administrative duty.

(Ord. No. 2008-04 § 1.)

Whenever a power is granted to or a duty imposed upon a public officer by this zoning ordinance, the power may be exercised or the duty may be performed by the planning commission, a deputy of the public officer, or a person authorized, pursuant to law or ordinance, by said officer, unless this zoning ordinance specifically provides otherwise.

(Ord. No. 2008-04 § 1.)

The provisions of other applicable state and city of Brawley statutory and ordinance provisions shall be observed and compliance rendered with the more stringent regulations taking precedence.

(Ord. No. 2008-04 § 1.)

When the city council, pursuant to chapter 3, title 7 of the Government Code, approves the acquisition of any square, park or other public ground or open space by any public entity, it may in its approval designate for what purpose and to what extent said property may be used.

(Ord. No. 2008-04 § 1.)

When the city council so approves the acquisition of publicly owned property, such property may be used for any use designated pursuant to this zoning ordinance by the city council in addition to those permitted in the zone in which such property is located.

(Ord. No. 2008-04 § 1.)

The city of Brawley will utilize locally adopted guidelines to implement the provisions of the California Environmental Quality Act (CEQA) and State CEQA Guidelines.

(Ord. No. 2008-04 § 1.)