The special regulations included in this article are supplementary provisions intended to provide clarification and amplification of the provisions and standards governing development in each zone.

(Ord. No. 2008-04 § 1.)

The required area of a lot or parcel of land shall be not less than the area indicated in the corresponding zoning district in which the lot or parcel is located, except under the following special conditions:

1.

Recorded Subdivisions. Required area shall mean that area of a lot or parcel of land shown as a part of a final subdivision map that has been approved by the city council and recorded as provided for in the Subdivision Map Act and the subdivision ordinance. Where the area of a lot in a recorded subdivision is less than the minimum area required in the zone, it shall be considered to meet the minimum area requirements of the zoning ordinance.

2.

Lot Area Required. Where a property owner has the right of possession to a lot or parcel of land by virtue of a recorded deed or contract of sale, "required area" shall be interpreted to mean the area of said lot or parcel as provided in subject deed or contract of sale, provided the deed or contract of sale was recorded prior to the adoption of this zoning ordinance or any previous ordinance which set minimum area requirements on said lot or parcel of land. A building permit will be issued to construct any structure permitted in the zone where said lot or parcel of land is located, provided all yards as required by this zoning ordinance can be provided, and all other regulations contained in this zoning ordinance are complied with.

(Ord. No. 2008-04 § 1.)

Except as otherwise provided in this article, a person shall not divide any lot or parcel of land, and shall not convey any lot or parcel of land or any portion thereof, if as a result of such conveyance the area of any lot or parcel of land so reduced, or a lot or parcel of land so created, is in violation of the requirements of this article.

(Ord. No. 2008-04 § 1.)

Where a portion of a lot or parcel of land is sold or transferred and as a result of such sale of transfer one or more parcels are created of such an area as to no longer conform to the requirements of this article, then in the determination of the permissible number and location of any buildings on any lot or parcel of land so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one parcel.

(Ord. No. 2008-04 § 1.)

If a lot or parcel of land has not less than the area required in the zoning district, and subsequently, a portion is acquired for street or highway purposes, in any manner, including dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has not less than seventy-five percent of the required area, then such remainder shall be considered as having the required area for the zoning district where such parcel or lot is located.

(Ord. No. 2008-04 § 1.)

Unless otherwise provided in this article, the required width of a lot or parcel of land shall be not less than the width designated in the zone.

(Ord. No. 2008-04 § 1.)

A lot or parcel of land accepted as having the required area, as provided in the corresponding zoning district in which the lot or parcel is located, shall also be accepted as having the required minimum width for the zone where said lot or parcel is located.

(Ord. No. 2008-04 § 1.)

Each lot or parcel of land shall have a street or highway frontage of not less than thirty-five feet where the front property line coincides with the street or highway line, including front property lines fronting on a street knuckle or bulb of a cul-de-sac.

(Ord. No. 2008-04 § 1.)

If a lot or parcel of land has not less than the required width and after creation of such lot or parcel of land a portion of its width is acquired for public use in any manner, including, but not limited to, dedication, condemnation or purchases, and if the remainder of such lot or parcel of land has not less than seventy percent of the required width, but in no event less than forty feet, such remainder shall be considered as having the required width.

(Ord. No. 2008-04 § 1.)

(a)

Key Lots. The depth of the required front yard on key lots or parcels of land shall not be less than the average depth of the required front yard of the adjoining interior lot or parcel of land and the required side yard of the adjoining reversed corner lot or parcel of land.

(b)

Lots on Sloping Terrain. On lots where there is an elevation difference of ten feet or more between the curb level and a point halfway between the front and rear property lines measured at the center of the lot, the front yard required shall be at least thirty percent of the minimum lot width required in the zone.

(Ord. No. 2008-04 § 1.)

(a)

Width.

1.

Interior lots or parcels of land which have widths of less than fifty feet, and were in existence prior to the adoption of this zoning ordinance or a previous ordinance regulating minimum lot widths may have side yards of not less than three feet.

2.

Required side yards in residential zones shall be increased three feet in width for each story of a building established above a height of two stories.

(b)

Commercial or Industrial Zones Adjoining a Residential Zone. Where a commercial or industrial zone adjoins a residential zone, each lot or parcel of land in said commercial or industrial zone adjoining a lot or parcel of land in a residential zone shall have a side yard as prescribed in the zone, but in no event less than ten feet in width along the contiguous property line. The required side yard in commercial and industrial zones shall be increased three feet in width for each story of a building established above a height of two stories.

(Ord. No. 2008-04 § 1.)

(a)

Rear Yards Adjoining an Alley. Where a required rear yard adjoins an alley, one-half of the width of such alley may be considered as a part of the depth of a required rear yard.

(b)

Commercial or Industrial Zones Adjoining a Residential Zone. Where a commercial or industrial zone adjoins a residential zone, each lot or parcel of land in said commercial or industrial zone adjoining a lot or parcel of land in a residential zone shall have a rear yard as prescribed in the zone, but in no event less than ten feet in depth along the contiguous property line. The required rear yard in commercial and industrial zones shall be increased three feet in width for each story of a building established above a height of two stories.

(Ord. No. 2008-04 § 1.)

Location of accessory buildings with regard to side and rear lot lines shall conform to the following requirements:

1.

One-story garages may be located within five feet of any side lot line or rear lot line on interior lots. Corner lots shall require a minimum ten-foot setback from the street line of any street or highway.

2.

One-story carports may be placed over a driveway in a side yard, provided no part of the structure is closer than three feet to the side property line.

3.

Storage sheds not exceeding one hundred fifty square feet may be located within any required side or rear yard area provided no part of the structure is located closer than three feet to the side or rear property line. Storage sheds located on corner lots shall not be located closer than ten feet to any street or highway right-of-way line.

4.

Accessory buildings having more than one-story shall conform to the side and rear yard requirements for main buildings in the zone where such accessory buildings are located.

5.

Other one-story accessory buildings, or covered patios, other than a garage or carport, may be located within five feet of any side or rear property line, except that no accessory building shall be located closer than ten feet to a street right-of-way line on corner lots.

(Ord. No. 2008-04 § 1.)

(a)

In addition to accessory buildings permitted by section 27.172, the following structures may be erected or projected into any required yard:

1.

Fences and walls as provided in section 27.179, article XII, Special Development Standards and Uses, of this zoning ordinance;

2.

Signs as provided in article XIV, Signs, of this zoning ordinance;

3.

Landscape elements, including trees, shrubs and other plants.

(b)

The following projections may extend into a required front, side, or rear yard a distance not to exceed six feet, provided such projections are not constructed closer than three feet of any front, side or rear property line:

1.

Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;

2.

Fireplace structures and bays, not wider than eight feet measured in the general direction of the wall of which it is a part, provided said fireplace or bay does not project more than three feet into any required front or rear yard setback;

3.

Open and unenclosed fire escapes, balconies, stairways and door stoops;

4.

Awnings;

5.

Planting boxes or masonry planters, not to exceed a height of forty-two inches;

6.

Air conditioning equipment (side and rear yards only);

7.

Verandas;

8.

Pools, decks, and spas.

(c)

The following structures may be erected or projected into required rear and side yard areas only:

1.

Satellite dish antennas.

(Ord. No. 2008-04 § 1.)

(a)

Boats, RVs, Trailers or Trailer Coaches. Boats, RVs, trailers or trailer coaches shall not be stored or parked in any required front yard or side yard adjacent to a street or highway in residential zones.

(b)

Storage in Yards. No storage shall be permitted in any required front or side yards adjacent to a street or highway.

(Ord. No. 2008-04 § 1.)

The following structures may be established above the height limit permitted in the zone except that such structures shall not be allowed above the height limit for the purpose of providing additional floor area or where such additional height conflicts with the airport land use plan. The height of such structures need not be included in measuring the height of a building supporting said structure:

1.

Penthouses or roof structures for the housing of elevators;

2.

Stairways, tanks, air conditioning, ventilating fans or similar equipment required to operate and maintain the building; and

3.

Fire and parapet walls, skylights, towers, steeples, flagpoles, signs and sign structures, chimneys, smokestacks, receiving antennas, water tanks, silos, and other similar structures.

(Ord. No. 2008-04 § 1.)

No buildings or other structures shall be used or occupied on any lot or parcel of land which abuts or fronts on an existing or proposed city of Brawley street, unless the half-width of the street which is located on the same side of the centerline as such lot or parcel of land has been dedicated to the city of Brawley for a street and/or improved as provided in this article.

(Ord. No. 2008-04 § 1.)

(a)

This article shall not prohibit the issuance of a building permit for the construction of any types of buildings or structures even if required street improvements have not been completed, provided that an improvement agreement between the developer and the city of Brawley has been signed, and that the developer intends to complete the improvements within one year.

(b)

This article shall not apply to the following buildings or structures which, if they comply with all other provisions of this zoning ordinance, may be used without complying with the provisions of this article:

1.

Electrical distribution and transmission substations;

2.

Outdoor advertising signs;

3.

Temporary uses permitted in this zoning ordinance for a period not to exceed thirty days.

(Ord. No. 2008-04 § 1.)

No building or structure shall be erected or maintained on a lot or parcel of land which abuts a street or highway having only a portion of its required width dedicated, unless the yards provided and maintained in connection with such building or structure have sufficient width or depth in that portion of the lot or parcel of land needed to complete the street or highway width, plus whatever width or depth of yards is required on the lot or parcel of land by this zoning ordinance.

(Ord. No. 2008-04 § 1.)

(a)

Maximum Fence and Wall Height in Required Side and Rear Yards.

1.

A fence or wall not more than six feet in height may be located along the side or rear yard lines, provided such fence, or wall does not extend into the required front yard, and further provided that these provisions shall not be so interpreted to prohibit the erection of a fence enclosing an elementary or high school site, if such fence does not project beyond the front line of the building.

2.

Fences may have a maximum height of eight feet on all boundaries within the M zones. Such fences, if equipped with overhead angle barriers, should have the barriers turned toward the property along the street sides, and the combined height of fence and angle barriers is not to exceed the eight-foot limit.

(b)

Maximum Fence and Wall Height in Required Front Yards. Except as otherwise permitted in this zoning ordinance, fences and walls shall not exceed a height of forty-eight inches in any residential zone within the required front yard; provided, however, that fences and walls shall not exceed a height of seventy-two inches in the A-1, commercial and industrial zones and multifamily projects with greater than three units or hinder driver's line of sight.

(c)

Barriers to Separate an Area from a Street or Highway. A barrier wall not to exceed six feet in height, serving to separate an area, including several lots or parcels of land from the adjoining street or highway, may be established within five feet of a street or highway provided said wall is approved by the planning director and is erected in accordance with the provisions of sections 27.261 through 27.268 (Site Plan Review) of this zoning ordinance.

(d)

Permitted Openings in Required Walls. Where a solid masonry wall is required by this zoning ordinance, openings not greater than twenty feet are permitted for ingress and egress, unless a driveway greater than twenty feet in width already exists or is required for safe access.

(e)

Graffiti Deterrence. Where solid masonry walls are used or required, an anti-graffiti coating shall be applied and landscaping shall be planted and maintained along those portions of the wall subject to public view to reduce the incidence of graffiti.

(f)

Barriers to Separate an Area from a Sidewalk. Landscaping shall be installed and maintained per the zoning ordinance between the sidewalk and barrier.

(Ord. No. 2008-04 § 1.)

(Ord. No. 2015-01, § 1.1, 2-17-2015)

In all areas subject to landscaping as required herein, including stormwater retention basins, the landscaping shall be developed in accordance with the provisions in this section and sections 27.261 through 27.268 (Site Plan Review) of this zoning ordinance.

1.

Dimensions. Four feet shall be the minimum horizontal dimension of any required landscaped area, or any form of fixed planter box.

2.

Screening. Where plants are indicated for screening, such screening shall consist of the use of evergreen shrubs, closely spaced and maintained.

3.

Maintenance. All landscaped areas and landscaping shall be maintained in a neat, clean and healthful condition. This shall include proper pruning (so as not to interfere with foot or vehicular traffic or city of Brawley maintenance equipment), mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings.

4.

Irrigation or Watering. Required landscaped areas shall be provided with a suitable, fixed and permanent method for watering or sprinkling of plants. This operating watering system shall consist of piped water lines terminating in an appropriate number of sprinklers and/or hose bibs to ensure a sufficient amount of water for plants within the landscaped area or alternate method approved by the planning director.

5.

Planter Boxes. For tree plantings in areas adjacent to or within parking areas, a planter box shall be used to protect the tree from damage.

(Ord. No. 2008-04 § 1.)

(Ord. No. 2015-01, § 1.2, 2-17-2015)

(a)

There shall be no obstruction to visibility from the adjacent streets within the corner cut-off area of any corner lot and adjacent parkways. The corner cut-off area is defined as and shall consist of that triangular area bounded by the two intersecting curb lines and a straight line connecting points on such curb lines minimum thirty feet from the point of intersection of the prolongation of such front and side curb lines.

(b)

The foregoing provisions shall not be applicable to permanent buildings, utility poles, trees trimmed at the trunk to a height at least ten feet above the level of the curb, saplings or plant species of open growth habits and not planted in the form of a hedge and which are so planted and maintained as to leave at all times a clear and unobstructed view across such corner cut-off area; supporting members of appurtenances to permanent buildings existing in the corner cut-off area on the date this zoning ordinance becomes effective, and official warning signs and signals.

(Ord. No. 2008-04 § 1.)

The purpose of these standards is to provide direction to builders and developers who are contemplating the development of apartment projects and condominium projects in the city of Brawley. A major objective of the planning commission and city council is to promote high quality development in the city of Brawley. These design standards were prepared in order to encourage such development and will be implemented by the planning director during the site plan review process. The further purpose of these standards is to ensure the enhancement of the public health, safety, and general welfare of all citizens in the city of Brawley.

The intent of the design standards is to ensure that the built environment within the city of Brawley is compatible with the goals and objectives of the general plan regarding the enhancement of the quality of life in the city of Brawley, and regarding the promotion and enhancement of the health, safety, and general welfare of the citizens of Brawley. The design standards ensure that adequate access is provided internally within multifamily projects, that adequate lighting is provided at night for pedestrian areas and vehicle parking areas, and that abundant landscaping is provided to enhance the aesthetic quality of multifamily projects. These design standards are in addition to other development standards contained in this zoning ordinance.

1.

Design Standards Applicability. All multifamily applications for site plan review, zone changes, conditional use permits, and variances shall incorporate the design standards contained in this section. Provided, however, that a deviation from these standards may be requested to be reviewed and approved by the planning commission by either the applicant or city staff.

2.

Deviations from Standards. A deviation from the design standards shall not be permitted unless the planning commission makes specific findings that special circumstances or conditions warrant a deviation. In no case shall a deviation be granted which does not conform to the general plan. A deviation may be granted by the planning commission if the applicant can demonstrate, by substantial evidence, that the deviation promotes the further enhancement of the health, safety, and welfare of the citizens of Brawley, and/or further improves the aesthetic qualities of the subject project.

3.

General Provisions.

a.

New developments or the alteration or expansion of existing multifamily projects shall be viewed not only as independent projects, but also as part of a street, cluster, or neighborhood within the entire community. Site plan designs shall respect the natural environment, existing development, topography, views and general vehicular, pedestrian, bicycle and equestrian circulation systems in the neighborhood.

b.

Natural features shall be used to an advantage as design elements; such as, natural vegetation and trees, landforms, drainage courses, and views. Conversely, undesirable site features can be minimized through proper site planning, building orientation, and screening.

c.

The developers of all multifamily projects are encouraged to establish a recognizable design theme, which is compatible with surrounding planned or existing developments. The design theme should be based upon prominent design features existing in the immediate area (i.e., trees, landforms, historic buildings or landmarks, etc.). Subtle variations which provide visual interest, but do not create abrupt changes or cause discord in the overall character of the neighborhood are encouraged. In addition, transitions between different projects, including provision of buffer areas, landscaping, and other similar treatments shall be provided as necessary. It is not, however, the intent that one style of architecture should be dominant, but rather that individual structures create and enhance a high quality and harmonious appearance.

d.

Where a common area or facility is proposed within a multifamily condominium project, a homeowner's association or other approved mechanism shall be established prior to the issuance of any certificates of occupancy. The homeowner's association or other approved mechanism shall be responsible for maintenance of private roads, private drainage structures, parking areas, landscaped areas, common areas, irrigation facilities, signing, and recreational facilities (i.e., swimming pools, tennis courts, spas, etc.).

4.

Site Design.

a.

New developments shall be designed to create aesthetically pleasing visual transitions with surrounding development. Proposed buildings shall have vertical and horizontal variations wherever possible to create visual interest. The bulk of new buildings shall relate to the prevailing or planned scale of adjacent developments.

b.

Proposed residential buildings shall be oriented with energy conservation objectives in mind. Window areas and eave overhangs shall be designed to minimize sun exposure in the summer months and maximize sun exposure in the winter months. Trees and other landscaping shall be located to shade buildings and parking areas and to decrease heat absorption on the site.

c.

Gateways are visual elements which create a sense of entry and shall be included in all multiple-family projects. Gateway treatments can range in scale, and may identify an entrance to the development project or a single building. Gateways shall include enriched paving, raised medians, signage, and other features as appropriate.

5.

Protection of Views.

a.

New developments shall be designed so as to respect the views of existing developments, wherever feasible. View corridors which are oriented toward an existing or proposed amenity such as a park, open space, or natural feature should be designed through large developments whenever possible.

b.

Multiple-story structures should not block the view of single-story structures which are oriented toward the mountains, parks, or other public or private open spaces with special aesthetic qualities.

6.

Trash Enclosures and Outdoor Storage Areas.

a.

All multifamily projects shall provide trash enclosures constructed to city of Brawley standards. One enclosure shall be provided for each ten dwelling units. Apartment projects shall bear the responsibility to move container(s) for city of Brawley collection for future development.

7.

Protection of Private Open Spaces.

a.

Multifamily two-story buildings shall be designed so that second story windows are not located adjacent to the private open spaces of adjacent properties. This requirement is to prevent the invasion of the privacy of adjacent property owners.

b.

Private open spaces such as patio areas shall be fenced with a six-foot masonry block wall or other material as approved by the planning commission.

8.

Internal Circulation Systems.

a.

Internal circulation systems shall provide for the safe and efficient movement of vehicular, bicycle, and pedestrian traffic within the project. Interior streets shall be paved to city of Brawley engineering standards.

b.

Pedestrian walkways with a minimum width of four feet shall be provided between parking areas, recreational facilities, and residential units. All pedestrian walkways shall be concrete with a smooth finish and concrete thickness shall be a minimum of three inches.

c.

Internal circulation systems shall be planned to reduce conflicts between vehicular, bicycle, and pedestrian traffic by separating them to the extent possible.

9.

Lighting.

a.

Street lights conforming to city of Brawley standard shall be provided at all vehicle entrances and exits from multiple-family projects. The street lights shall contain two hundred fifty watt high pressure sodium luminaries.

b.

Pedestrian walkways shall be lighted during hours of darkness with a minimum lighting intensity of 0.2 foot-candles. The lighting fixtures shall be mounted on freestanding ornamental poles, and shall contain bulbs with the wattage to be determined by a lighting intensity diagram prepared by a registered electrical or civil engineer, or by a registered architect.

10.

Recreational Facilities and Open Space.

a.

All multifamily projects containing four or more units shall provide a tot lot. The minimum area for tot lots shall be dependent upon the number of residential units in the project according to the following tables. All tot lots shall be fenced with a chain link fence at least five feet in height.

b.

All multifamily projects are encouraged to provide a swimming pool for use by project residents. The size of the swimming pool should be dependent on the number of units as outlined in the table below:

The swimming pool may be shaped in any reasonable configuration provided the pool contains the square footage outlined in the above table.

c.

All multifamily projects shall provide at least twenty-five percent of the net site area as landscaped open space area for use by residents of the development. The landscaping and trees installed within all open space areas shall be according to a city of Brawley approved landscaping plan as outlined below.

11.

Landscaping.

a.

All multifamily projects shall provide abundant landscaping which should be designed as an integral part of project design; enhance building design, public views, and open spaces; and should provide buffers and transitions as needed. The landscape design should provide for solar access and shade to facilitate and promote energy conservation.

b.

All multifamily project sites shall include a minimum of twenty-five percent of the site area as landscaped areas. All setback areas adjacent to streets shall be fully landscaped and improved for aesthetic purposes. All site plans shall include a calculation of the landscaped areas on the site.

c.

Areas between individual buildings on the same site shall be landscaped and improved as appropriate.

d.

All landscaped areas shall have a combination of planted trees, shrubs, vines, ground cover, flowers, and lawns which are compatible with the surrounding environment. The combination may include crushed rock ground cover not to exceed twenty percent of the total of any landscaped area. The crushed rock used shall be decorative rock with an appropriate color that is compatible with the landscaped area. Mounding of landscaped areas is encouraged to provide visual interest and relief and to partially screen parking areas. The selected combination of objects for landscaping shall be arranged in a harmonious manner as determined by the planning director. One-third of the total number of trees planted on a site shall be of the twenty-four inch box size or larger and shall be planted extensively along adjacent streets. A combination of Indian Laurel, Jacaranda, Mulberry, California Fan Palms, and other approved species shall be used and shall be interspersed to create visual interest. One tree shall be planted for each one thousand five hundred square feet of landscaped area on the site; however, at least four trees shall be planted on small sites.

e.

Landscape design shall be coordinated with drainage plans for individual projects to maximize percolation of surface water and minimize runoff from the site. Swale designs in landscaped and grass areas may be employed to retard runoff and maximize percolation.

f.

All landscaped areas shall be served by an underground irrigation sprinkler system, and shall include an automatic irrigation system and drip system, as appropriate, for large shrubs, trees, and lawn areas. Irrigation systems in small areas such as tree wells, planters, and medians, shall be designed to prevent water from flowing off from planted areas.

g.

Required landscaped areas shall be maintained in a neat, clean, orderly, and healthful condition. This shall, at a minimum, include pruning, mowing of lawns, weeding, removal of litter, fertilization, replacement of plants and trees when needed, and the regular watering of all vegetation.

h.

All multiple-family project developers shall submit a landscaping plan incorporating the above provisions, for planning director approval.

i.

All required landscaping shall be planted, and the irrigation sprinkler system installed, prior to the issuance of certificates of occupancy for residential units.

12.

Parking Facilities.

a.

All parking lots and parking areas shall be screened with decorative masonry walls minimum four feet in height, and shall be landscaped to the maximum extent possible, as appropriate, for visual aesthetic purposes.

b.

All parking lots and parking areas shall be paved to city of Brawley engineering standards.

c.

All parking lots and parking areas shall be lighted as described in the section on lighting.

d.

The site plan design for all multifamily projects shall take into consideration conflicts with adjacent uses and intersections when driveway locations are being planned. Driveway locations shall be as far as possible from street intersections. The site design shall provide for safe and efficient traffic flow into all parking lots and areas located on the project site.

(Ord. No. 2008-04 § 1.)