Sec. 27.200. - Home occupations.

(a)

Purpose. Residential districts within the city of Brawley are established and maintained for the purpose of creating quiet and safe neighborhood environments, which environments exclude all businesses, trades, professions and industries, except that certain home occupations may be permitted if such uses comply with the most restrictive interpretation of conditions and criteria established hereinafter.

(b)

Operational Regulations. The applicant for a home occupation permit shall comply with the following operations regulations:

1.

Any products produced for sale must be hand manufactured or grown on the premises using only tools or mechanical equipment. Mechanical equipment may not exceed two horsepower per piece of mechanical equipment or a total of six horsepower for all such equipment or an eight-kilowatt kiln or the equivalent in a gas-fired fixture.

2.

All sales or products, and the performance of all services which requires the presence of a client must take place off the premises with the exception of a telephone or mail communication.

3.

There shall be no signs indicating the existence of the home occupation.

4.

Only one vehicle of one ton manufacture rating or use is permitted for business-related purposes.

5.

Only a resident of the premises may participate in a home occupation. In no instance may a partner live elsewhere or may nonresident employees be on the premises.

6.

Outdoor storage of materials or products on the premises is not permitted.

7.

Indoor storage of materials or products shall not exceed one thousand cubic feet for the entire premises or any more restrictive limitations imposed by the building and housing codes, or the county health department.

8.

Home occupations must be conducted within a structure on the premises.

The home occupation must not cause the elimination, or reduction in any manner of required off-street parking.

10.

The home occupation must be consistent with, and not disruptive to normal residential use, nor cause any detrimental external effects to the residential zone, such as increased noise, traffic, lighting, odor, or in violation of any applicable government codes in association with the home occupation.

11.

There shall be no illegal discharge of any materials, fluids or gases into the sewer system or any other manner of discharging such items in violation of any applicable government code.

(c)

An application for a home occupation permit shall be made in a form prescribed by the director of planning. A payment of city of Brawley fee shall accompany the submission of an application for home occupation permit.

(d)

Planning Director Review. The director of planning may approve, approve with conditions, or deny an application for a home occupation permit.

(e)

Revocation of Home Occupation Permit. A home occupation permit shall be revoked by the planning director upon violation of any requirement of this code, or of any condition or requirement of any permit granted, unless such violation is corrected within fifteen days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit, or where the planning director finds that the continuation of the home occupation permit will have a detrimental effect upon the surrounding neighborhood.

(f)

Appeal of Denial of Home Occupation. In the event of the approval or the denial of any permit, or the revocation thereof, or of any objection to the limitations or conditions, or the lack of limitations or conditions placed thereon, appeal may be made in writing to the planning commission in accordance with the provisions of section 27.287 of this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Sec. 27.201. - Accessory dwelling units and junior accessory dwelling units.

(a)

Purpose. This section provides for the creation of accessory dwelling units and junior accessory dwelling units as defined in Government Code Section 65852(j)(1). The purpose of the section is to achieve the following objectives:

1.

Contribute to alleviating the housing supply shortage by increasing the housing unit capacity of lots zoned to permit singlefamily homes and multi-family housing developments.

2.

Facilitate the development of new housing with land and construction costs lower than single family homes built on vacant land because accessory dwelling units will be constructed on already developed land, will have housing unit sizes smaller than single-family homes, and utilize existing infrastructure.

Create the opportunity for new housing units to be built to accommodate the needs of diverse household types including, but not limited to, seniors, disabled persons, caretakers, students, and multi-generational families.

4.

Provide the opportunity to create new housing at costs affordable to lower and moderate income households.

5.

Produce housing that will satisfy a portion of the Brawley's share of the regional housing need.

(b)

Accessory Dwelling Unit Defined. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(c)

General Plan Consistency. In adopting this section, the city recognizes that the development of accessory dwelling units and junior accessory dwelling units may result in residential densities exceeding the maximum densities prescribed by the general plan land use element and zoning ordinance. Pursuant to Government Code Section Government Code Section 65852.2(a)(1)(C), the city finds that this occurrence is consistent with the general plan. Government Code Section 65852.2(a) (1)(C) provides that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.

(d)

Types of ADUs.

1.

Detached: The unit is separated from the primary structure.

2.

Attached: The unit is attached to the primary structure.

3.

Converted existing space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit.

4.

Junior accessory dwelling unit (JADU): A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence.

(e)

Statewide Exempt ADUs. A statewide exemption ADU is an ADU of up to eight hundred square feet, sixteen feet in height and with four feet side and rear yard setbacks. No lot coverage, floor area ratio, open space, or minimum lot size requirement can preclude the construction of a statewide exemption ADU. The construction of a detached new construction statewide exemption ADU can be combined on the same lot with a JADU in a single-family residential zone.

(f)

General Standards for ADUs. Each ADU shall comply with the following standards:

1.

The ADU shall be constructed on a lot zoned for residential uses that includes an existing or proposed single family or multi-family dwelling unit.

2.

Maximum unit size requirements: At least eight hundred fifty square feet and one thousand square feet for ADUs with more than one bedroom.

3.

Height: No ADU shall exceed sixteen feet in height. However, an increase in height up to the limit allowed for the principal dwelling unit may be permitted with approval of the Planning Director.

4.

Setback and yard requirements:

a.

Each attached ADU must comply with the setback requirements in the underlying zoning district for the principal dwelling unit except as otherwise provided herein.

b.

Each attached and detached ADU shall have a rear and side setback of four feet.

c.

No setback shall be required for an existing accessory structure that is converted to an ADU or an ADU that is constructed within the same location and to the same dimensions as an existing accessory structure.

5.

Number of ADUs permitted:

a.

Single family dwellings: One ADU or JADU is permitted per lot developed with a single-family dwelling unless the ADU is a detached ADU, in which case a JADU is also permitted.

b.

Multifamily dwellings: ADUs may be constructed on lots developed with multifamily dwellings in accordance with California Government Code Section 65852.2(e).

ADUs shall be rented for terms longer than thirty days in accordance with Government Code Section 65852.2(a)(6) and (e) (4).

7.

Parking:

a.

Each ADU shall have one parking space per unit or bedroom, whichever is less.

b.

Parking spaces may be covered or uncovered, provided as tandem parking on an existing driveway, or on a paved surface in a setback or yard area.

c.

Notwithstanding subsection (a) above, parking requirements shall be waived if the ADU is located:

(i)

Within one-half mile walking distance of a public transit stop;

(ii)

In a designated historic district;

(iii)

In part of a principal dwelling unit or an existing accessory structure;

(iv)

In an area requiring on-street parking permits but the permits are not offered to the ADU occupant; or

(v)

Within one block of a car-sharing pickup/drop-off location.

d.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement of the lost parking is not required. However, replacement parking is encouraged and may be located in any configuration on the same lot as the ADU as a covered, uncovered, or tandem parking space.

(g)

Additional Standards for Conversion of an Existing Accessory Structure to an Accessory Dwelling Unit.

1.

Conversion of a non-habitable accessory structure/garage or other living space to an ADU shall meet all building codes for residential occupancy.

(h)

Fire Sprinkler Requirements.

Each ADU shall comply with all applicable fire safety provisions of state law, as well as the city of Brawley adopted building and fire codes.

2.

An ADU is not required to be equipped with fire sprinklers unless fire sprinkler installation is required for the principal dwelling unit.

(i)

Junior Accessory Dwelling Units. Each Junior Accessory Dwelling Unit (JADU) shall be subject to compliance with the building permit requirements and the following standards:

1.

A JADU may be created on a lot zoned for single family residences with one primary dwelling. JADUs are limited to one per residential lot with an existing or proposed single-family residence.

2.

The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence.

3.

The maximum size of a JADU is five hundred square feet.

4.

Each JADU may contain separate sanitation facilities or may share sanitation facilities with the principal dwelling unit.

5.

Each JADU shall include a separate entrance from the main entrance to the existing or proposed principal dwelling unit and may include an interior entry to the main living area. A second interior door may be included for sound attenuation.

6.

Each JADU shall, at a minimum, include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. Minimum requirements are a hot and cold water sink, four and one-half cubic foot refrigerator, two ground fault circuit interrupter outlets, eight square feet of counter spaces, and five linear feet of cabinet space.

7.

Additional parking is not required for a JADU.

8.

The property owner shall reside in either the principal dwelling unit or the JADU.

9.

Prior to issuance of a building permit for the JADU, the property owner shall file with the city a deed restriction for recordation with the Imperial County Recorder, which shall run with the land and include the following provisions:

a.

A prohibition on the sale of the JADU separate from the sale of the principal dwelling unit.

b.

A restriction on the size and attributes of the JADU that conforms with this Section.

c.

A prohibition on using the JADU for transient occupancy.

d.

A statement that the restrictions shall be binding upon any successor owner of the property and that failure to comply with the restrictions shall result in legal action against the owner.

(j)

Government Code Section 65852. If there is a conflict between the provisions of this city of Brawley Zoning Ordinance Section 27.201 and those of Government Code Section 65852, the Government Code provisions shall prevail.

(Ord. No. 2021-07, § 3.)

Editor's note— Ord. No. 2021-07, § 3, adopted Nov. 2, 2021, repealed the former § 27.201 and enacted a new § 27.201 as set out herein. The former § 27.201 pertained to second units and derived from Ord. No. 2008-04 § 1.

Sec. 27.202. - Family day care home.

Small family day care homes (six or fewer children) are permitted by right in single-family residential districts, however large family day care homes (seven to twelve children) shall comply with the following standards:

1.

Permit. A large family day care permit is a nondiscretionary application for day care providers caring for seven to twelve children in the provider's place of residence, including children residing at the home. Application review shall be conducted by the planning director and coordinated with other responsible agencies to ensure that the operation of the large family day care home is consistent with state and local fire and life safety regulations.

2.

Application. Application for a large family day care permit shall be made on forms provided by the city of Brawley and shall include such plans as may reasonably be required by the director for a complete understanding of the request, and a filing fee as established by resolution of the city council. Plans submitted for review by the director of planning shall include the following:

a.

Interior sketch of the floor plan of the home which identifies rooms and which rooms to be used for day care purposes and location of all exits from the home (doors, sliding glass doors).

b.

Exterior sketch of yard area to be used for day care purposes which identifies location and heights of all walls and fences (including fencing for pools, spas, and ponds/fountains), type of fence material, location of all gates, major features of yard (paved areas, patio covers, pools, spas, ponds, storage sheds, air conditioning compressors).

3.

A minimum of thirty-five square feet of interior space within the residence must be provided per child. Rooms which may be included in this calculation include areas where day care activity will be conducted, including bedrooms used for sleeping,

playrooms, food preparation areas, and living/family rooms. Rooms which may not be included in this calculation include closets, halls, garages and bathrooms.

4.

A minimum of thirty-five square feet of outdoor play area must be provided per infant and a minimum of seventy-five square feet must be provided per child older than two years of age. Areas which may not be included in this calculation include side yards less than ten feet in width, and areas containing swimming pools, spas or other water bodies unless covered and deemed safe pursuant to state regulations. Front yards may be used to satisfy the outdoor space requirement provided the front yard is fenced, pursuant to section 27.179 (Fences, walls, and hedges) of this zoning ordinance.

5.

All outdoor play areas shall be enclosed with walls or fences.

6.

Garages shall be prohibited for use as a family day care play area unless:

a.

Alternative on-site parking is available to meet minimum residential parking requirements contained in article XI; and

b.

The garage is improved to meet building and fire code regulations as a habitable space.

7.

No signs or other exterior evidence identifying the day care operation are permitted.

8.

Rooms used for day care activities shall not be located above the first story, unless the residential unit is approved by the fire marshal for an automatic sprinkler system and the approved automatic sprinkler system is installed.

9.

Homes shall have two legal exits for fire purposes, pursuant to the requirements of the fire marshal.

10.

Notice. Notice shall be mailed to all property owners/tenants residing within one hundred feet of the parcel of land containing the large family day care use. Notice shall be given not less than fifteen days nor greater than thirty days prior to the date of planning director decision.

11.

Nondiscretionary Review. The planning director shall approve, or deny a permit for larger family day care based on compliance or noncompliance with the standards specified in this section.

12.

Appeal. The planning director decision on a large family day care permit application may be appealed to the planning commission in accordance with section 27.287 of this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Sec. 27.203. - Circuses and carnivals.

All circuses and carnivals conducted in the city of Brawley shall be subject to approval of a conditional use permit and the following regulations:

1.

The circus or carnival company (applicant) shall pay any and all amounts as determined by the city of Brawley to defray all costs for the review of reports, field investigations, or other activities related to compliance with this permit/approval, city of Brawley ordinance, and/or any other laws that apply.

2.

The applicant shall comply with all local, state, and/or federal laws, rules, regulations, and/or standards as they may pertain to this project, whether specified herein or not.

3.

The applicant shall provide the city of Brawley with a certificate of insurance (liability) in the amount of one million dollars.

4.

Sufficient garbage cans to collect all refuse shall be provided.

5.

The site shall be cleaned up after the carnival within twenty-four hours of the close of operation.

6.

In the event that the circus or carnival company utilizes electrical power from city of Brawley sources, the permittee shall pay the utility costs incurred by the carnival.

7.

The applicant shall pay for all damages to city of Brawley property as a result of said carnival.

8.

The applicant is responsible for providing an adequate number of security personnel for the duration of the temporary conditional use permit.

9.

The applicant shall obtain a health permit license and city of Brawley business license prior to the opening of the circus or carnival. Said licenses shall be submitted to the planning director prior to opening of the circus or carnival.

10.

The hours of operation for the circus or carnival may be prescribed by the planning director.

(Ord. No. 2008-04 § 1.)

Sec. 27.204. - Housing for senior citizens (granny flat).

(a)

The purpose of this section is to set forth regulations to permit housing for senior citizens on parcels zoned for single-family detached homes. A housing unit for senior citizens which conforms to this zoning ordinance shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the general plan and zoning of the lot.

(b)

Housing for senior citizens means a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are sixty-two years of age or over, and the area of floor space of the attached dwelling unit does not exceed thirty percent of the existing living area or the area of the floor space of the detached dwelling unit does not exceed one thousand two hundred square feet.

(Ord. No. 2008-04 § 1.)

Sec. 27.205. - Fireworks stands.

All fireworks stands operating in the city shall be subject to the provisions of Chapter 19H, Fireworks, of this Code.

(Ord. No. 2012-05, § 3, 11-20-2012)

Secs. 27.206—27.209. - Reserved. Article XIV. - Signs.

Sec. 27.210. - Purpose.

Signs are herein regulated in the interest of promoting traffic safety, safeguarding public health and safety, facilitating police and fire protection and preventing adverse community appearance. The sign regulations are designed to permit maximum legibility and effectiveness of signs, and to prevent their over-concentration, improper placement, and excessive height, bulk, and area. These regulations are intended to comply with the Brawley Municipal Code as amended from time to time.

(Ord. No. 2008-04 § 1.)

Sec. 27.211. - Definitions.

For the purpose of this zoning ordinance, the following words and terms are defined as follows:

"Abandoned signing" means any sign, visible from a position on or off the property upon which erected, which attracts the attention of the public to something which existed at the time of its installation on the property, and which has subsequently ceased to exist on the property.

"Animated signs" means any sign which displays or employs action or movement, whether driven by mechanical means or wind actuated; signs which only rotate shall not be included in this category.

"Banner" means any sign consisting of paper, fabric, canvas, rubber plastic, or the like, with no other material for rigid structural support. Such signs are considered Temporary signs and subject to regulation pursuant to 27.218(f).

"Copy" means the words, letters, symbols, illustrations, or other graphic characters used to convey the message of a sign.

"Degree of nonconformity" means the extent to which any sign or sign structure does not conform to the standards and requirements of this section, such as the height, sign face area, setback, vertical clearance, number of signs, or manner of keeping.

"Flashing sign" means any sign which contains a source of light, internal or external, that intermittently cuts on and off, or which creates the illusion of flashing or intermittent light through animation or other means.

"Freestanding sign" means any sign permanently anchored to the ground which stands alone on its own foundation and structural supports, and free of support from any building.

"Off-site sign" means any sign that may display a message, whether commercial or noncommercial, that does not necessarily relate to the premises upon which such sign is located.

"On-site sign" means any sign which pertains to the business operated, activity conducted, or products sold or manufactured on the premises upon which such sign is located.

"Permanent sign" means any sign set in the ground with its own foundation, or which is painted on or otherwise anchored to a building, wall, or other permanent structure.

"Portable signing" means any signing which is designed to be placed on the ground, rather than anchored to the ground or to any structure, and which may be moved without disassembly or excavation of the sign or sign structure.

"Sign" means any identification, illustration, description, symbol, statue, or other device, which is affixed either directly or indirectly upon a parcel, building, structure, or other surface, and used or intended to attract the attention of the public when visible from any position on or off the premises upon which it is displayed.

"Sign area" means the area, in square feet or square inches, which encloses both the copy and entire facing of the sign. There [Where] a sign has two or more faces, the area of all faces shall be included in determining the sign area, except that only one face of a double-faced sign shall be considered where the angle between faces does not exceed thirty degrees and the distance between faces does not exceed two feet.

"Temporary signing" means any signing which is set in the ground but not permanently set in its own footing or foundation, nor permanently anchored to a building, wall, or other structure.

"Unauthorized signing" means any signing, irrespective of the method of installation, which is erected on property without the permission of the property owner, or signing that is installed without a sign permit and/or encroachment permit.

"Vertical clearance" means the vertical distance measured from the bottom edge of a sign face to the street grade of the nearest driving lane.

"Wall-mounted sign" means any sign attached to a wall of a building, whether or not parallel to the wall surface, including any sign painted on a wall surface or included on an awning.

"Window sign" means any sign painted, attached, glued, or otherwise affixed to a window, and designed to be viewed from adjoining streets, malls or parking lots.

(Ord. No. 2008-04 § 1.)

(Ord. No. 2010-02, § 1.)

Sec. 27.212. - Permits.

No person shall place, erect, construct or otherwise maintain any sign in the city of Brawley without first having obtained a sign permit, and an encroachment permit from either the city of Brawley or the state, if the sign is to be placed within any city of Brawley or state street or highway right-of-way. Temporary signs described in section 27.218 do not require a sign permit, but do require an encroachment permit to be placed within city of Brawley or state street or highway right-of-way. In addition, any sign placed within the city of Brawley shall be constructed by a professional sign maker, and shall comply with all provisions of the zoning ordinance. Before a permit is issued, complete plans and specifications, and if required, complete engineering calculations, shall be submitted to the building inspector.

(Ord. No. 2008-04 § 1.)

Sec. 27.213. - Safety.

No sign or advertising structure shall be permitted that endangers the safety of any person, property, or vehicle. Such signs shall be classified as hazardous structures by the building inspector, and shall either be removed or reconstructed to comply with all provisions of the Uniform Building Code. No sign shall be placed or erected that blocks the view of vehicle drivers when approaching an intersection.

(Ord. No. 2008-04 § 1.)

Sec. 27.214. - Nonconforming signs.

Any signs or advertising structures which become classified as nonconforming uses as a result of the adoption of this zoning ordinance shall be altered to conform with this zoning ordinance, or shall be removed within twenty-five years, calculated from the effective date of this zoning ordinance. However, the time line for removal of nonconforming window signs is five years from the date this zoning ordinance is effective.

(Ord. No. 2008-04 § 1.)

Sec. 27.215. - Outdoor advertising signs adjacent to freeways or limited-access highways.

No outdoor advertising sign in any zone shall be placed closer than six hundred sixty feet to any freeway right-of-way line if such outdoor advertising sign is designed to be viewed primarily by persons traveling on such freeway.

(Ord. No. 2008-04 § 1.)

Sec. 27.216. - Maintenance of signs.

All signs and advertising structures shall be maintained in a safe, neat, and orderly condition.

(Ord. No. 2008-04 § 1.)

Sec. 27.217. - Signs in yards.

Permitted temporary signs may be placed within any required yard, provided such temporary signs are not located closer than five feet to any property line.

(Ord. No. 2008-04 § 1.)

Sec. 27.218. - Temporary signs.

(a)

Each lot or parcel of land may have one temporary accessory sign not to exceed six square feet in area advertising only the sale, lease or hire of such premises, except that:

1.

On a lot or parcel of land having a front lot line of one hundred feet or more, said sign may be increased to not more than thirty-two square feet in area; and

2.

One additional sign may be established for each one hundred feet of said front lot line in excess of one hundred feet, provided that such sign is not more than thirty-two square feet in area. This section shall not apply to residential zones. Said signs shall be removed from the premises within thirty days after the property has been sold or leased.

(b)

Political campaign signs may be placed on property within the city of Brawley, provided the following requirements and restrictions are complied with:

1.

Any political campaign sign shall not be placed more than one-hundred twenty days prior to the election for which the political sign was relevant and shall be removed within fifteen days after the election for which the political sign was relevant.

Any political sign placed on private property for a candidate for office shall not be placed without the permission of the property owner.

3.

In residential zoning districts, a maximum of one political sign per lot or parcel is permitted. Such sign shall not exceed six square feet in area.

4.

In commercial and industrial zones, a maximum of two political signs per lot or parcel is permitted. Such signs shall not exceed thirty-two square feet in area.

5.

Political signs shall be nonflashing.

6.

In order to avoid the appearance that the city of Brawley is endorsing a particular candidate or ballot measure, political campaign signs shall not be placed on property owned by the city of Brawley.

(c)

Each business may have window signage, provided that such signs do not exceed five percent of the surface area of the window.

(d)

Each business with an arcade may have one canopy sign that does not exceed five square feet in area.

(e)

Each lot or parcel of land zoned C-P, C-1, C-2 or C-3 may have one temporary sign (i.e., banner) subject to the approval of the planning director or his designee.

(f)

Any provision of this Code to the contrary notwithstanding, a banner sign shall require approval of the planning director or his designee. Such sign shall be kept neat, clean and in good repair. Banner signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed. Banner signs may be allowed for a period or periods not to exceed forty-five days within a twelve-month period.

(Ord. No. 2008-04 § 1.)

(Ord. No. 2010-02, § 2, 3-23-2010; Ord. No. 2015-06, § 1, 6-16-2015)

Sec. 27.219. - Double-faced signs.

(a)

Signs may be constructed with two faces, and either or both faces may be used for sign copy.

(b)

Signs constructed with two faces where the distance between one face of such sign is more than three feet from the second face of said sign shall not be classified as double-faced signs.

(c)

Both faces of a double-faced sign shall be counted when calculating the area of the sign, except that only one face of a double-faced sign shall be considered where the angle between faces does not exceed thirty degrees and the distance between faces does not exceed two feet.

(d)

Double-faced signs may be placed in any commercial or industrial zone and can be illuminated or nonilluminated.

(e)

Double-faced signs may be either on-site or off-site signs.

(Ord. No. 2008-04 § 1.)

Sec. 27.220. - Illumination.

(a)

Illuminated signs shall be located in such a manner as to prevent glare and annoyance to the public. All illuminated signs shall be located in such a manner to prevent light from being cast on any adjoining residentially zoned property.

(b)

Flashing signs are not permitted in any zoning district.

(Ord. No. 2008-04 § 1.)

Sec. 27.221. - Maximum number and type of signs allowed.

Table 27.221 identifies the maximum number and type of signs allowed in various zoning districts.

(Ord. No. 2008-04 § 1.)

Table 27.221

Maximum Number and Types of Signs Allowed by Zoning District

Notes:

(a) Sign copy indicating name and address of resident or owner of premises.

(b) Sign copy indicating name and address of project or mobilehome park.

(c) Sign copy advertising the business conducted or services rendered on the premises, or in the case of an off-site sign, the business conducted at another location. Sign may be double faced, and may be illuminated or nonilluminated.

(d) Sign copy advertising the business conducted or services rendered on the premises. Sign may be illuminated or nonilluminated.

(e) Requires approval of a conditional use permit by the planning director.

(f) Sign copy advertising the business conducted or services rendered on the premises.

(g) For commercial and manufacturing/industrial centers, one freestanding on-site sign per street frontage is permitted.

(h) For commercial and manufacturing/industrial centers, one wall-mounted sign per business within the center is permitted.

Sec. 27.222. - Permitted sign area and height.

(a)

Table 27.222 identifies the maximum sign area and sign height allowed in various zoning districts.

(b)

The following standards shall control the computation of sign area and height:

1.

Computation of the Area of Individual Signs. The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when said fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

2.

Computation of the Area of Multifaced Signs. The area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and not more than forty inches apart, the sign area shall be computed by the measurement of one of the faces.

3.

Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to the lower of: existing grade prior to construction; or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to elevation of the nearest point of the crown of a public street or the grade of the land at the primary entrance to the primary structure on the lot, whichever is lower.

4.

Computation of the Maximum Total Permitted Sign Area for a Lot. The permitted sum of the area of all individual signs on a lot is determined by adding the maximum sign areas for freestanding, wall-mounted, and portable signs described in table 27.222 for the applicable zone.

(Ord. No. 2008-04 § 1.)

Table 27.222

Maximum Sign Area and Height by Zoning District

Note:

(a) No wall-mounted sign shall exceed the upper limit of the wall to which the sign is attached.

Sec. 27.223. - Vertical clearance.

(a)

All Zoning Districts (Except Residential Zones). In any zone district, the following provisions shall apply:

1.

To ensure that a driver's view is not obstructed and that a sign does not create a hazard, the minimum vertical clearance for freestanding signs between the bottom of the sign face and the grade line of the nearest driving lane of any street or highway shall be fifteen feet.

(Ord. No. 2008-04 § 1.)

Sec. 27.224. - Maximum allowable horizontal clearance for wall-mounted signs.

In all zoning districts:

1.

The maximum distance a wall-mounted sign may project from a wall shall be one foot.

2.

No wall-mounted sign shall project into or over a public street right-of-way unless an encroachment permit has been obtained.

3.

No wall-mounted sign shall project over the property line of an adjacent property unless written approval from the property owner involved has been obtained, and a copy of the written approval supplied to the planning department.

(Ord. No. 2008-04 § 1.)

Sec. 27.225. - Sign setback requirements.

(a)

Temporary Signs and Portable Signs.

1.

In all zoning districts, any temporary sign shall be set back at least five feet from any property line.

2.

In all zoning districts, any portable sign shall be set back at least five feet from any property line.

(b)

Freestanding, Permanent On-Site or Off-Site Signs.

1.

In all commercial and industrial zones, freestanding signs shall be set back from any side or rear property line in accordance with the table below:

(Ord. No. 2008-04 § 1.)

Sec. 27.226. - Sign permit procedures.

The following procedures shall govern the application for and issuance of all sign permits under this chapter.

1.

Applications. All applications for sign permits of any kind shall be submitted to the building official on an application form or in accordance with the application requirements published by the building official.

2.

Fees. Each application for a sign permit shall be accompanied by the applicable fees, which are established by city council resolution.

Application Completeness. Within ten working days of receiving an application for a sign permit, the building official shall review it for completeness. If the building official finds that the application is complete, the application shall then be processed. If the building official finds that the application is incomplete, the building official shall, within such ten-day period, send the applicant notice of the specific ways in which the application is deficient, with appropriate references to the applicable section of this zoning ordinance.

4.

Action. Within thirty days of an application for a sign permit being deemed complete, the building official shall either:

a.

Issue a sign permit if the sign that is the subject of the application conforms to the requirements of this zoning ordinance; or

b.

Deny the sign permit if the sign that is the subject of the application fails to conform with the requirements of this zoning ordinance. In the case of denial, the building official shall specify the specific sections of the ordinance with which the sign is inconsistent.

(Ord. No. 2008-04 § 1.)

Sec. 27.227. - Revolving signs.

Revolving signs are not permitted.

(Ord. No. 2008-04 § 1.)

Sec. 27.228. - Canopy signs.

Canopy signs (inside arcade) maximum area five square feet and cannot block any neighbor's signage.

(Ord. No. 2008-04 § 1.)

Sec. 27.229. - Reserved.

Article XV. - Administration of Zoning—Nonconforming Uses.

Sec. 27.230. - Nonconforming uses.

A nonconforming use may be continuously maintained provided there is no alteration or addition to any structure nor any enlargement of area, space or volume occupied by or devoted to such use, except as otherwise provided in this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Sec. 27.231. - Repairs to a nonconforming use.

Ordinary repairs and maintenance not to exceed an aggregate cost equal to twenty-five percent of the currently appraised value of such structure may be made to a nonconforming structure, all or substantially all of which is designed, used or intended for a use not permitted in the zone where such structure is located.

(Ord. No. 2008-04 § 1.)

Sec. 27.232. - Additions or expansions to a nonconforming use.

(a)

No nonconforming building or structure shall be added onto or expanded in such a manner so as to increase the area or height of the structure.

(b)

The area devoted to any nonconforming land use shall not be enlarged or extended.

(Ord. No. 2008-04 § 1.)

Sec. 27.233. - Repair and reconstruction of destroyed or damaged nonconforming structures.

(a)

Any nonconforming structure or structure containing a nonconforming use, which is damaged or partially destroyed by fire, explosion, act of God, collapse, or any other casualty, may be reconstructed to the condition of the structure immediately prior to the occurrence of such damage or destruction, provided, however, that the reconstruction cost does not exceed the appraised value of such structure immediately prior to the occurrence causing such damage or destruction, as determined by a member in good standing of a nationally recognized professional society of appraisers. Such reconstruction and repair shall be commenced within one year from the date of damage or destruction and shall be pursued diligently to completion. Such repair or reconstruction of a damaged nonconforming structure shall not extend the termination date of such structure as specified in this zoning ordinance.

(b)

In determining the reconstruction cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than those concerning the nonconforming structure itself.

(Ord. No. 2008-04 § 1.)