Residential Districts.
Residential districts included in this zoning ordinance are as follows:
1.
Zone R-A (Residential-Agricultural). Zone R-A is established to provide for subdivisions with large lots which are compatible with agricultural areas in and adjacent to the city of Brawley. In order to encourage single-family development in rural areas adjacent to the existing urban areas, provisions are included to allow the maintenance of limited agricultural pursuits. Additional accessory uses, necessary and incidental to single-family developments, are also permitted.
2.
Zone R-E (Residential-Estate). Zone R-E is established to provide for subdivisions with large lots which are compatible with all single-family residential areas in the city of Brawley. In order to encourage single-family development in rural areas adjacent to the existing urban areas, provisions are included to allow the maintenance of limited agricultural pursuits. Additional accessory uses, necessary and incidental to single-family developments, are also permitted.
3.
Zone R-1 (Single-Family Residential). Zone R-1 is established to provide for residential areas to be developed exclusively for single-family dwellings. Additional accessory uses, necessary and incidental to single-family development, are also permitted.
4.
Zone R-2 (Low Density Multiple-Family Residential). Zone R-2 is established to provide for areas suitable to accommodate low density single-family and multiple-family residential developments. One-family and two-family dwellings may be established, subject to the size of the lot or parcel of land to be built upon.
5.
Zone R-3 (Medium Density Multiple-Family Residential). Zone R-3 is established to provide for areas suitable for location of medium-density residential developments in the form of apartment buildings and condominiums with limited height, and with provisions to support community services.
6.
Zone MHS (Mobilehome Subdivision). Zone MHS is established in order to provide for areas where mobilehomes can be placed as permanent dwelling units on individual lots, tracts, or parcels. By providing this zone where the economical housing provided by mobilehomes can be made available to persons of all socio-economic groups, the city of Brawley will implement the goals of the general plan.
7.
Zone MHP (Mobilehome Park). Zone MHP is established in order to provide for areas suitable for development of mobilehome parks and travel trailer parks. By providing a zone where the economical housing provided by the mobilehome or travel trailer can be made available to persons of all socio-economic groups, the city of Brawley will implement the goals of the general plan.
(Ord. No. 2008-04 § 1.)
The residential zones are established to provide for residential districts of varying population densities for the location of single-family and multiple-family structures and mobilehomes. The necessary appurtenant and accessory structures and facilities are allowed in residential zones when associated with the primary residential use.
(Ord. No. 2008-04 § 1.)
(a)
Permitted uses (uses permitted by right) in the residential zoning districts are largely residential, but may include uses which are accessory to the residential use, such as recreational facilities and other uses clearly recognized as necessary to the primary residential use.
(b)
Certain uses may not be suitable in every location within residential districts and therefore require planning director or planning commission discretionary review through the conditional use permit process described in section 27.272 of this zoning ordinance, table 27.72, Uses by Residential Zoning District, lists those uses that are suitable:
1.
Permitted by right;
2.
Permitted as accessory to the residential use;
3.
Permitted as conditional uses; and
4.
Prohibited in the residential zoning districts.
(c)
The planning commission may also permit other uses similar to the uses permitted by right in table 27.72 that the planning commission finds to fall within the intent and purpose of these zones, that will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses, and which the planning commission finds to be of a comparable nature and of the same class as the uses permitted by right in table 27.72.
(Ord. No. 2008-04 § 1.)
Table 27.72
Uses by Residential Zoning District
Key:
P = Use permitted by right.
P*= Use permitted subject to conditions outlined in zoning ordinance.
C = Use requires planning commission conditional use permit.
C*= Use requires planning director conditional use permit.
X = Use is prohibited.
A = Use permitted as accessory use only.
Notes:
1. Household pets, provided that no more than three mammals over four months of age are kept for each dwelling unit. This provision shall not be construed to permit any animal, other than cats or dogs, to be kept, capable of inflicting harm or endangering the health and safety of any person or property.
2. The keeping of horses, cows, sheep, goats, rabbits, and chickens for personal use, provided the lot or parcel in question is at least one-half acre (twenty-one thousand seven hundred eighty square feet) in area. The number of animals per lot or parcel shall be limited to no more than one horse, one cow, one sheep, one goat, two rabbits, and ten chickens for every one-half acre of lot area. A combination of the above (i.e., two horses, no cows) may be approved by the city manager. No stable, barn, corral, pen or chicken coop shall be kept or maintained closer than fifty feet to any adjacent property owner's dwelling or other building used for human habitation, or within the front yard setback of each lot line of the lot upon which it is located, or within the front yard setback one hundred feet of any public park, school, hospital, or similar institution.
3. Hatching, raising, and fattening of chickens, rabbits, or cattle for domestic use only. There shall be no killing or dressing of any such animals or poultry on the premises for commercial purposes.
4. Except as hereinafter provided in subsections (a), (b), and (c) of this note, it shall be unlawful for any person to keep or maintain or cause to be kept or maintained, a stand of bees, cattle, horses, mules, donkeys, sheep, swine, goats, guinea hens, pigeons, rooster, peacocks, poultry, or wild, exotic, or undomesticated animals within the city of Brawley.
a. Birds. Where more than ten birds are kept on any premises, whether for pleasure or profit, a conditional use permit shall be required.
b. Poultry, rabbits, chinchillas, furbearing animals, amphibians, and other small animals. Where more than two such animals are kept on any premises, whether for pleasure or profit, a conditional use permit shall be required. In no case shall such conditional use permit allow more than ten such animals.
c. Upon written application in such form as may be prescribed by the city manager and upon inspection of the premises, a permit may be granted by the city manager allowing a person to keep and maintain a reasonable number of pigeons upon condition that the same are kept penned or caged at all times.
In fixing the number of pigeons to be permitted, the city manager shall consider the purpose thereof, the facilities to be used, and the surrounding neighborhood. Such permit may be revoked upon notice to the permit holder and after public hearing by the city council. Any of the following shall be sufficient grounds for revocation of such permit: (i) such pigeons have not been properly kept and maintained; (ii) that excessive numbers are or have been kept and maintained; (iii) that due to changed circumstances, the same constitute either a public or private nuisance.
d. The city manager may grant permission to keep or raise any of such prohibited species during such times that any of such species are participants in a show, rodeo, circus, exhibition, parade, or other similar event. The city manager shall specify the time that said permission shall be effective.
(Ord. No. 2013-04, § 3, 11-5-2013)
General development standards for the residential zoning districts are provided in table 27.73. These standards include: (a) minimum lot size, (b) minimum lot width, (c) minimum lot depth, (d) minimum front yard setback, (e) minimum side yard setback, (f) minimum rear yard setback, (g) maximum building coverage, (h) maximum density, (i) maximum height, (j) off-street parking, (k) signs, (l) landscape, (m) minimum building separation, and (n) accessory buildings. These provisions are intended to provide the minimum acceptable standards for development within the residential districts necessary to ensure quality development. The development standards are supplemented by special development standards described in section 27.74 of this zoning ordinance.
(Ord. No. 2008-04 § 1.)
Table 27.73
Residential Development Standards
Notes:
(1) See article II for definitions of terms used for development standards.
(2) Development standard applies to proposed subdivisions of land.
(3) Mobilehomes not on individual lots must comply with California Code of Regulations, title 25, Housing and Community Development Standards.
(4) "Net area" means that area of a lot or parcel of land exclusive of public alleys, highways or streets; proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or other public or private easement when the owner of the servient tenement does not have the right to use the entire surface of the land.
(5) Whichever is less.
(6) Add three feet for each story over two.
(7) Travel trailer or recreational vehicle space.
(8) Lot width and front yard setback requirements are based on required lot area as identified below:
(9) Refer to sections 27.161 through 27.164.
(10) Refer to section 27.165, Minimum lot width.
(11) Refer to section 27.169, Specialized front yard requirements.
(12) Refer to section 27.170, Specialized side yard requirements.
(13) Refer to section 27.171, Specialized rear yards adjoining an alley.
(14) Accessory structures shall be included in the calculation for percent of area covered.
(15) One thousand five hundred sf per DU for lots of ten thousand sf or less and one thousand sf per DU for lots of more than ten thousand sf.
(16) May be less between main residential structure and carport.
(17) An interior side yard setback of zero feet may be used for subdivision tracts for zero lot line housing development if the remaining side yard for each lot in the subdivision is no less than ten feet.
(18) A minimum lot size of three thousand sf is allowed for each dwelling unit for two attached dwelling units using the zero feet interior side yard setback allowed in note (17).
ft = feet; sf = square feet; S = story; DU = dwelling unit; R-O-W = right-of-way; n/a = development standard not applicable to zoning district
(19) 0 foot setback allowed for carports that:
(a)
Never included garages or carports;
(b)
Were originally constructed with single-car garages or carports that remain available for use;
(c)
Include garages or carports that were legally converted; or
(d)
Provide required parking in full compliance with the provisions of Section 27.143 of this chapter.
Otherwise, a minimum front yard setback of 10 feet shall be maintained for carports and other structures.
(Ord. No. 2011-07, §§ 1, 2, 11-1-2011)
Refer to article XII (Special Development Standards and Uses) of this zoning ordinance for applicable special residential development standards.
(Ord. No. 2008-04 § 1.)
Residential Districts.
Residential districts included in this zoning ordinance are as follows:
1.
Zone R-A (Residential-Agricultural). Zone R-A is established to provide for subdivisions with large lots which are compatible with agricultural areas in and adjacent to the city of Brawley. In order to encourage single-family development in rural areas adjacent to the existing urban areas, provisions are included to allow the maintenance of limited agricultural pursuits. Additional accessory uses, necessary and incidental to single-family developments, are also permitted.
2.
Zone R-E (Residential-Estate). Zone R-E is established to provide for subdivisions with large lots which are compatible with all single-family residential areas in the city of Brawley. In order to encourage single-family development in rural areas adjacent to the existing urban areas, provisions are included to allow the maintenance of limited agricultural pursuits. Additional accessory uses, necessary and incidental to single-family developments, are also permitted.
3.
Zone R-1 (Single-Family Residential). Zone R-1 is established to provide for residential areas to be developed exclusively for single-family dwellings. Additional accessory uses, necessary and incidental to single-family development, are also permitted.
4.
Zone R-2 (Low Density Multiple-Family Residential). Zone R-2 is established to provide for areas suitable to accommodate low density single-family and multiple-family residential developments. One-family and two-family dwellings may be established, subject to the size of the lot or parcel of land to be built upon.
5.
Zone R-3 (Medium Density Multiple-Family Residential). Zone R-3 is established to provide for areas suitable for location of medium-density residential developments in the form of apartment buildings and condominiums with limited height, and with provisions to support community services.
6.
Zone MHS (Mobilehome Subdivision). Zone MHS is established in order to provide for areas where mobilehomes can be placed as permanent dwelling units on individual lots, tracts, or parcels. By providing this zone where the economical housing provided by mobilehomes can be made available to persons of all socio-economic groups, the city of Brawley will implement the goals of the general plan.
7.
Zone MHP (Mobilehome Park). Zone MHP is established in order to provide for areas suitable for development of mobilehome parks and travel trailer parks. By providing a zone where the economical housing provided by the mobilehome or travel trailer can be made available to persons of all socio-economic groups, the city of Brawley will implement the goals of the general plan.
(Ord. No. 2008-04 § 1.)
The residential zones are established to provide for residential districts of varying population densities for the location of single-family and multiple-family structures and mobilehomes. The necessary appurtenant and accessory structures and facilities are allowed in residential zones when associated with the primary residential use.
(Ord. No. 2008-04 § 1.)
(a)
Permitted uses (uses permitted by right) in the residential zoning districts are largely residential, but may include uses which are accessory to the residential use, such as recreational facilities and other uses clearly recognized as necessary to the primary residential use.
(b)
Certain uses may not be suitable in every location within residential districts and therefore require planning director or planning commission discretionary review through the conditional use permit process described in section 27.272 of this zoning ordinance, table 27.72, Uses by Residential Zoning District, lists those uses that are suitable:
1.
Permitted by right;
2.
Permitted as accessory to the residential use;
3.
Permitted as conditional uses; and
4.
Prohibited in the residential zoning districts.
(c)
The planning commission may also permit other uses similar to the uses permitted by right in table 27.72 that the planning commission finds to fall within the intent and purpose of these zones, that will not be more obnoxious or materially detrimental to the public welfare or to property in the vicinity of said uses, and which the planning commission finds to be of a comparable nature and of the same class as the uses permitted by right in table 27.72.
(Ord. No. 2008-04 § 1.)
Table 27.72
Uses by Residential Zoning District
Key:
P = Use permitted by right.
P*= Use permitted subject to conditions outlined in zoning ordinance.
C = Use requires planning commission conditional use permit.
C*= Use requires planning director conditional use permit.
X = Use is prohibited.
A = Use permitted as accessory use only.
Notes:
1. Household pets, provided that no more than three mammals over four months of age are kept for each dwelling unit. This provision shall not be construed to permit any animal, other than cats or dogs, to be kept, capable of inflicting harm or endangering the health and safety of any person or property.
2. The keeping of horses, cows, sheep, goats, rabbits, and chickens for personal use, provided the lot or parcel in question is at least one-half acre (twenty-one thousand seven hundred eighty square feet) in area. The number of animals per lot or parcel shall be limited to no more than one horse, one cow, one sheep, one goat, two rabbits, and ten chickens for every one-half acre of lot area. A combination of the above (i.e., two horses, no cows) may be approved by the city manager. No stable, barn, corral, pen or chicken coop shall be kept or maintained closer than fifty feet to any adjacent property owner's dwelling or other building used for human habitation, or within the front yard setback of each lot line of the lot upon which it is located, or within the front yard setback one hundred feet of any public park, school, hospital, or similar institution.
3. Hatching, raising, and fattening of chickens, rabbits, or cattle for domestic use only. There shall be no killing or dressing of any such animals or poultry on the premises for commercial purposes.
4. Except as hereinafter provided in subsections (a), (b), and (c) of this note, it shall be unlawful for any person to keep or maintain or cause to be kept or maintained, a stand of bees, cattle, horses, mules, donkeys, sheep, swine, goats, guinea hens, pigeons, rooster, peacocks, poultry, or wild, exotic, or undomesticated animals within the city of Brawley.
a. Birds. Where more than ten birds are kept on any premises, whether for pleasure or profit, a conditional use permit shall be required.
b. Poultry, rabbits, chinchillas, furbearing animals, amphibians, and other small animals. Where more than two such animals are kept on any premises, whether for pleasure or profit, a conditional use permit shall be required. In no case shall such conditional use permit allow more than ten such animals.
c. Upon written application in such form as may be prescribed by the city manager and upon inspection of the premises, a permit may be granted by the city manager allowing a person to keep and maintain a reasonable number of pigeons upon condition that the same are kept penned or caged at all times.
In fixing the number of pigeons to be permitted, the city manager shall consider the purpose thereof, the facilities to be used, and the surrounding neighborhood. Such permit may be revoked upon notice to the permit holder and after public hearing by the city council. Any of the following shall be sufficient grounds for revocation of such permit: (i) such pigeons have not been properly kept and maintained; (ii) that excessive numbers are or have been kept and maintained; (iii) that due to changed circumstances, the same constitute either a public or private nuisance.
d. The city manager may grant permission to keep or raise any of such prohibited species during such times that any of such species are participants in a show, rodeo, circus, exhibition, parade, or other similar event. The city manager shall specify the time that said permission shall be effective.
(Ord. No. 2013-04, § 3, 11-5-2013)
General development standards for the residential zoning districts are provided in table 27.73. These standards include: (a) minimum lot size, (b) minimum lot width, (c) minimum lot depth, (d) minimum front yard setback, (e) minimum side yard setback, (f) minimum rear yard setback, (g) maximum building coverage, (h) maximum density, (i) maximum height, (j) off-street parking, (k) signs, (l) landscape, (m) minimum building separation, and (n) accessory buildings. These provisions are intended to provide the minimum acceptable standards for development within the residential districts necessary to ensure quality development. The development standards are supplemented by special development standards described in section 27.74 of this zoning ordinance.
(Ord. No. 2008-04 § 1.)
Table 27.73
Residential Development Standards
Notes:
(1) See article II for definitions of terms used for development standards.
(2) Development standard applies to proposed subdivisions of land.
(3) Mobilehomes not on individual lots must comply with California Code of Regulations, title 25, Housing and Community Development Standards.
(4) "Net area" means that area of a lot or parcel of land exclusive of public alleys, highways or streets; proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or other public or private easement when the owner of the servient tenement does not have the right to use the entire surface of the land.
(5) Whichever is less.
(6) Add three feet for each story over two.
(7) Travel trailer or recreational vehicle space.
(8) Lot width and front yard setback requirements are based on required lot area as identified below:
(9) Refer to sections 27.161 through 27.164.
(10) Refer to section 27.165, Minimum lot width.
(11) Refer to section 27.169, Specialized front yard requirements.
(12) Refer to section 27.170, Specialized side yard requirements.
(13) Refer to section 27.171, Specialized rear yards adjoining an alley.
(14) Accessory structures shall be included in the calculation for percent of area covered.
(15) One thousand five hundred sf per DU for lots of ten thousand sf or less and one thousand sf per DU for lots of more than ten thousand sf.
(16) May be less between main residential structure and carport.
(17) An interior side yard setback of zero feet may be used for subdivision tracts for zero lot line housing development if the remaining side yard for each lot in the subdivision is no less than ten feet.
(18) A minimum lot size of three thousand sf is allowed for each dwelling unit for two attached dwelling units using the zero feet interior side yard setback allowed in note (17).
ft = feet; sf = square feet; S = story; DU = dwelling unit; R-O-W = right-of-way; n/a = development standard not applicable to zoning district
(19) 0 foot setback allowed for carports that:
(a)
Never included garages or carports;
(b)
Were originally constructed with single-car garages or carports that remain available for use;
(c)
Include garages or carports that were legally converted; or
(d)
Provide required parking in full compliance with the provisions of Section 27.143 of this chapter.
Otherwise, a minimum front yard setback of 10 feet shall be maintained for carports and other structures.
(Ord. No. 2011-07, §§ 1, 2, 11-1-2011)
Refer to article XII (Special Development Standards and Uses) of this zoning ordinance for applicable special residential development standards.
(Ord. No. 2008-04 § 1.)