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Chapter 27 — BRAWLEY ZONING ORDINANCE.

Sec. 27.43. - "M."

Brawley Zoning Code · 2026-06 edition · updated 2026-07-06 · Brawley

"Manufactured housing" (see also "Mobilehome") means a factory-built, single-family structure that is manufactured under the authority of 42 U.S. Code section 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

"Medical clinic" means any facility providing physical or mental health service and medical or surgical care of the sick or injured, but shall not include inpatient or overnight accommodations. Medical clinic includes health center, health clinic and doctors' offices.

"Mobilehome" means a residential dwelling unit at least twelve feet in width and designed to be movable on its own wheels and capable of being placed either on a permanent foundation or on other approved supports.

"Mobilehome park" means any lot or parcel of land where mobilehome spaces are rented or leased for the placement of two or more mobilehomes, regardless of whether or not a charge is made for such accommodations.

"Mobilehome subdivision" means a subdivision of land with lots or parcels created for the purpose of locating individual mobilehomes on each lot or parcel.

"Motel" means one or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court. Such facilities are designed, used or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media. Motel includes auto courts, motor lodges, tourist courts and motor hotels.

"Motorhome" means a self-propelled vehicle, designed or used for human habitation, and constructed to travel on public thoroughfares in accordance with the Vehicle Code of the state of California.

"Motor vehicle" means a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

(Ord. No. 2008-04 § 1.)

Sec. 27.44. - "N."

"Nonconforming structures" means any structure or improvement that was lawfully established and in compliance with all applicable ordinances and laws at the time the ordinance codified in this zoning ordinance or any amendment thereto became effective, but which, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

"Nonconforming use" means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this zoning ordinance or any amendment thereof became effective, but which, due to the application of this zoning ordinance or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.

"Nursery school" means a school providing day care for pre-elementary school age children.

(Ord. No. 2008-04 § 1.)

Sec. 27.45. - "O."

"Open space" means an area that is intended to provide light and air, and is designed for either environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, stormwater retention basins and water courses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.

Open Space, Common. "Common open space" means open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.

Open Space, Private. "Private open space" means an open space area held in private ownership, the use of which is normally limited to the occupant of a single dwelling unit or building.

"Ordinance" means an ordinance of the city of Brawley.

"Outdoor advertising" or "billboard" means the use of a sign or signs soliciting public support or directing public attention to the sale, lease, hire or use of any objects, products, services or functions which are not produced, sold or otherwise available on the premises where such sign is erected or maintained.

"Outdoor seating" means an area directly adjacent to a building which includes seating for patrons or other persons using the building.

(Ord. No. 2008-04 § 1.)

Sec. 27.46. - "P."

"Parcel of land" means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant or person.

"Parking space" means an area of not less than one hundred eighty square feet (or 112.5 square feet for compact car spaces), designed for the parking of one motor vehicle, that has access from a public street or alley.

Parking Space, Handicapped. "Handicapped parking space" means a parking space designated specifically for vehicles driven by the handicapped with dimensions conforming to Uniform Building Code requirements for a handicapped parking space.

"Parkway" means a parkway designed as such in the circulation element of the general plan of the county of Imperial, or in the city of Brawley general plan circulation element.

"Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, political subdivision, foreign country or any other group of combination acting as a unit.

"Pet" means an animal that is tamed or domesticated and kept as a companion or treated with fondness.

"Petroleum bulk plant" means any premises used for the wholesale distribution and storage of gasoline, oil or petroleum products, but shall not include the storage of liquid petroleum gas, a tank farm, or be connected to a pipe constituting, in effect, a petroleum terminal.

"Planning agency" means an entity or entities, such as the planning commission and the planning director identified by the city council of the city of Brawley assigned with responsibility to carry out the planning functions of the city of Brawley.

"Planning commission" means a group of at least seven individuals appointed by the city council of the city of Brawley to carry out specific planning functions prescribed by city of Brawley ordinance(s).

"Planning director" means the director of planning for the city of Brawley.

"Project" means the entire parcel of real property, including all structures and improvements thereon, for which any part is proposed to undergo a change in use or physical improvement, including demolition or construction of structures, grading, paving or other substantial change.

"Public utility service center" means any buildings or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility, including microwave repeater stations when incorporated as a part of the service yard use.

(Ord. No. 2008-04 § 1.)

Sec. 27.47. - "Q."

"Quarry" means any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material is removed by excavation or otherwise. Quarry shall include mining operations for the removal of ores, precious stones, or other solid materials.

(Ord. No. 2008-04 § 1.)

Sec. 27.48. - "R."

"Recreational/entertainment center" means a building or part of a building devoted to recreational activities, including video games, pinball machines, table games, and other similar forms of entertainment.

"Recreational vehicle" means a travel trailer, motorhome or truck camper and is a vehicle designed to be operated or towed on public thoroughfares in accordance with the provisions of the State Vehicle Code.

"Recreational vehicle park" means a lot or parcel where two or more recreational vehicles are stored or occupied as temporary residences, regardless of whether or not a charge is made for such accommodations.

"Residence" means one or more rooms designed, used or intended to be used as permanent living quarters for a family and not as temporary or overnight accommodations.

"Rest home" means a home offering or providing lodging, meals, nursing, dietary or other personal services to convalescents, invalids or aged persons but does not include surgery or the care of persons with contagious or communicable diseases. Rest home includes convalescent home and home for the aged.

"Right-of-way" means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.

"Room" means a habitable undivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.

Room, Guest. "Guest room" means one room which does not contain cooking facilities and is designed, used or intended to be used as temporary sleeping accommodations for any person.

"Roominghouse" and "boardinghouse" mean a lodging house, or other building or structure maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole, or any part of the public whether with or without meals. Roominghouse includes fraternity and sorority houses.

(Ord. No. 2008-04 § 1.)

Sec. 27.49. - "S."

"Sanitarium" and "sanatorium" mean the same as "Hospital."

"Second unit" (see also "Granny flat") means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. A second unit includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.

"Service station" means any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

"Setback" means the required minimum horizontal distance between the building line and the related front, side, or rear property line.

"Shopping center" means a group of three or more commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. Story includes a basement, but not a cellar (see definitions under "Basement" and "Cellar").

Story, Half. "Half story" means a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.

"Street" means a public or private right-of-way, other than a parkway, major or secondary highway, freeway, or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.

"Structure" means anything constructed or erected which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.

Structure, Advertising. "Advertising structure" means a structure existing, erected or maintained to serve exclusively as a stand, frame or background for the support or display of signs.

"Supportive housing" means housing with no limit on length of stay that is occupied by the target population and is linked to on-site or off-site services that assist residents retain the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. On-site and off-site services may include, but are not limited to, after-school tutoring, child care, and career counseling.

(Ord. No. 2008-04 § 1.)

(Ord. No. 2013-04, § 1, 11-5-2013)

Sec. 27.50. - "T."

"Trailer" means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle. Trailer includes semitrailers.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

(Ord. No. 2008-04 § 1.)

(Ord. No. 2013-04, § 2, 11-5-2013)

Sec. 27.51. - "U."

"Use" means construction, establishment, maintenance, alteration, moving onto, enlargement, operation or occupancy. (Ord. No. 2008-04 § 1.)

Sec. 27.52. - "V."

"Variance" means a legal exception to the zoning ordinance granted to a person whose property, due to unusual size, shape, topography, location or surroundings would be denied privileges enjoyed by other properties in the vicinity if the zoning ordinance provisions were strictly interpreted. A variance runs with the property and it normally transfers to a new owner upon sale or transfer of real property. A variance cannot be granted for property which authorizes a use or activity which is not otherwise expressly authorized by city of Brawley zoning regulations governing the property.

(Ord. No. 2008-04 § 1.)

Sec. 27.53. - "W."

"Writing" means any form of message recorded in English and capable of visual comprehension.

(Ord. No. 2008-04 § 1.)

Sec. 27.54. - "X."

No definitions.

(Ord. No. 2008-04 § 1.)

Sec. 27.55. - "Y."

"Yard" means an open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.

Yard, Front. "Front yard" means a yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line of a fully widened street or highway, or the ultimate street line of a partially widened street or highway, and a line parallel thereto on the lot or parcel of land.

Yard, Rear. "Rear yard" means a yard extending across the full width of the lot parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.

Yard, Side. "Side yard" means a yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard shall be a specified horizontal distance between the side lot line on the street or highway side, here said lot line is coterminous with the street line of a fully widened street or highway, or the ultimate street line of a partially widened street or highway, and a line parallel thereto on the lot or parcel of land.

(Ord. No. 2008-04 § 1.)

Sec. 27.56. - "Z."

"Zero lot line" means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

(Ord. No. 2008-04 § 1.)

Secs. 27.57—27.59. - Reserved. Article III. - Establishment of Zones.

Sec. 27.60. - Zoning maps.

The zoning maps of the city of Brawley are adopted by reference and shall hereafter be in effect and exist pursuant to and as part of this zoning ordinance and shall be known and designated as the "zoning maps."

(Ord. No. 2008-04 § 1.)

Sec. 27.61. - Zoning boundary uncertainties.

Where uncertainty exists as to boundaries of any zone shown upon a zoning map, or any part thereof, the following provisions shall apply:

1.

Where boundaries are indicated as approximately following lot lines or the centerline of highways, streets or alleys, such lines shall be construed to be such boundaries.

2.

In the case of unsubdivided property where a zone boundary divides a lot, the location of such boundaries shall be determined by use of the scale appearing on said zoning map.

Where a public highway, street or alley, or any portion thereof is officially vacated or abandoned, the area comprising such vacated highway, street or alley shall acquire the zone classification of the property to which it reverts.

4.

Areas in dedicated highways, streets or alleys, or in railroad rights-of-way, other than as are designated on the zoning map as being classified in one of the zones provided in this zoning ordinance, shall be deemed to be in zone R-1 (single-family residential), and in the case of highways, streets or alleys permitted to be used only for purposes lawfully allowed, and in the case of railroad rights-of-way permitted to be used solely for the purpose of accommodating tracks, signals, other operative devices and the movement of rolling stock.

5.

If a zone boundary divides a lot into two parts and the portion in one zone is of such size and shape that no part of said portion is more than fifty feet from the nearest point on the zone boundary, then said portion may be used for any purpose permitted in the zone established on the remaining portion of the lot, provided that:

a.

The lot is shown as a single lot on a final subdivision map that was recorded in the office of the county recorder after the effective date of the ordinance or amendment establishing said zone boundary; and

b.

The lot has been held in undivided ownership at all times since the recording of said final map.

(Ord. No. 2008-04 § 1.)

Sec. 27.62. - Prezoning of areas prior to annexation.

The prezoning of areas prior to annexation by the city of Brawley provides local implementation of the authority granted cities by section 65859 of the Government Code.

(Ord. No. 2008-04 § 1.)

Sec. 27.63. - Prezoning procedure.

Prior to annexing any property to the city of Brawley, the city council shall prezone the property to the zoning classification consistent with the general plan land use element. Prior to taking final action on the prezoning of any property, the council shall request the planning commission to provide a recommendation on which zoning classification should be applied to which properties. The planning commission and city council shall hold public hearings on the proposed prezoning plan prior to taking any official action. The city clerk shall notify persons whose property will be affected by the prezoning action as required by sections 65090 and 65091 of the Government Code.

(Ord. No. 2008-04 § 1.)

Sec. 27.64. - Effective date of zoning.

The zoning classifications adopted pursuant to this article for prezoning of property adjoining the city of Brawley shall become effective at the same time as the annexation of such property to the city of Brawley becomes effective.

(Ord. No. 2008-04 § 1.)

Secs. 27.65—27.69. - Reserved.

==> picture [342 x 512] intentionally omitted <==

Article IV. - Residential Districts.

Sec. 27.70. - Residential districts.

Residential districts included in this zoning ordinance are as follows:

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.

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.)

Sec. 27.71. - Purpose.

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.)

Sec. 27.72. - Residential permitted uses, accessory uses, conditional uses and prohibited uses.

(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

Residential Zoning District Uses R-A R-E R-1 R-2 R-3 MHS MHP
Academies of learning (private) C C C C C X X
Access for other uses not permitted in zone X X X X X X X
Accessory buildings or structures (private
garages/carports)
P P P P P P P
Agriculture crops (including roadside sales) P X X X X X X
Agriculture crops (excluding roadside sales) P X P X X X X
Agricultural crops for personal use P P P P X X X
Apartment buildings X X X X P X X
Carnivals C* C* C* C* C* X X
Child care centers C C C C C X X
Children's homes X X X X C X X
Christmas tree/wreath sales X X X X C* X X
Churches, temples, house of religious worship C C C C C X X
Church school facilities C C C C C X X
Circus C* C* C* C* C* X X
Club houses X X X X A X A
Colleges and universities (exclude trade) C C X X C X X
Communication equipment buildings X X C C C X X
Condominium buildings X X X X P X X
Convalescent hospitals, homes X X X X C X X
Country clubs C C C C C X X
Crops, nursery stock (exclude roadside sales) P P X X X P X
Double-wide mobilehomes P P P P P P P
Dwellings, multifamily X X X X P X X
Dwellings, single-family P P P P P X X
Dwellings, two-family X X X P P X X
Educational, philanthropic, charitable institutions X X X X X X X
Electric distribution substations, microwave facilities P* P* P* P* P* P* P*
Family day care homes, large (see
section 27.202)
P P P P* P* X X
Family day care homes, small P P P P* P* X X
Fire stations C C C C C C C
Flowers and vegetable gardens P P P P P P P
Fraternal organizations X X X X P X X
Fruit trees, nut trees, grape vines, orchard P P X X P X X
Golf courses C C C C C X X
Granny fat P* P* P* P* P* X X
Guest houses C* C* C* X X X X
Hatcheries, poultry or fowl X X X X X X X
Hatching, raising and fattening of animals P3,4 P3,4 C* X X X X
Horses, cows, sheep, goats, rabbits, chickens for
personal use
P2,4 P2,4 C X X X X
Hospitals X X X X C X X
Killing or dressing of animals for commercial X X X X X X X
Libraries C C C C C X X
Microwave stations X X X X X X X
Mobilehome park X X X X X X P
Model home C* C* C* C* C* X X
Modular homes P P P P P X X
Museums C C C C C X X
Nursery schools X X X X C X X
Nursing homes/nursing care C X X X C X X
Parking (supplemental for commercial) C* C* C* C* C* X X
Police stations C C C C C X X
Post ofce X X X X X X X
Private greenhouses or horticultural collections P P P P P X X
Radio and television stations and towers (35 feet max) X X X X C X X
Real estate tract ofce C* C* C* C* C* X X
Recreational vehicle parks C C X X X X P
Rest homes X X X X C X X
Retired organizations C C C C C X X
Rooming/boarding houses, including bed and breakfast X X X X P X X
Schools, public and private C C C C C X X
Second dwelling units (attached or detached) P* P* P* P* P* X X
Servants quarters C* C* C* X X X X
Single-wide mobilehomes X X X X X P P
Stations, bus, railroad and taxi X X X X X X X
Storage, construction materials, public projects C C C C C C X
Storage sheds A A A A A A A
Supportive housing* P P P P P P P
Swimming pools A A A A A A A
Telephone repeater stations X X X X C X X
Tractor and other farm implement repair/service shops X X X X X X X
Transitional housing* P P P P P P P
Travel trailer park X X X X X X P
Welding shops X X X X X X X
* Transitional and supportive housing shall also be allowed
uses.
in planned development (P-D) zones that allow residential

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)

Sec. 27.73. - Residential development standards.

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) offstreet 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

Development Standards(1) Residential Zoning Districts Residential Zoning Districts Residential Zoning Districts
R-A R-E R-1 R-2 R-3 MHS MHP(3)
(a) Minimum Lot Size(2),(4),(9) 1.0 acre 20,000 sf 6,000 sf 6,000 sf
(18)
7,500 sf 5,000 sf 45,000 sf
(b) Minimum Lot Width(2),(10)
Standard Lot 75 ft—
100 ft(8)
75 ft—
100 ft(8)
50 ft— 80
ft(8)
50 ft—
80 ft(8)
50 ft— 80
ft(8)
50 ft— 80
ft(8)
150 ft/ 40
ft MH/ 30
ft RV(7)
Cul-de-sac Lot (at front setback line) 75 ft 75 ft 50 ft 50 ft 50 ft 30 ft n/a
Flag Lot (at front setback line) 75 ft 75 ft 50 ft 50 ft 50 ft 50 ft n/a
Flag Lot (for access extension) 20 ft 20 ft 20 ft 20 ft 30 ft 30 ft 30 ft
(c) Minimum Lot Depth(2) n/a n/a n/a n/a n/a 75 ft n/a
(d) Minimum Front Yard Setback(11)
From Ultimate Street R-O-W 25 ft-35 ft
(8)
25 ft-35 ft
(8)
20 ft-35 ft
(8)(19)
20 ft(19) 15 ft(19) 20 ft-30 ft
(8)
20 ft-30 ft
(8)
Flag Lot (from connection with access extension) 25 ft-35 ft
(8)
25 ft-35 ft
(8)
20 ft-35 ft
(8)(19)
20 ft(19) 15 ft(19) 20 ft-30 ft
(8)
20 ft-30 ft
(8)
(e) Minimum Side Yard Setback(12)
Interior Side 7 ft—10
ft
7 ft—10 ft 5 ft 5 ft(6),(17) 5 ft(6),(17) 10 ft 10 ft
Street Side 7 ft—10
ft
7 ft—10 ft 10 ft 10 ft(6) 10 ft(6) 10 ft 10 ft
Flag Lot 7 ft—10
ft
7 ft—10 ft 5 ft 5 ft(6),(17) 5 ft(6),(17) 10 ft 10 ft
(f) Minimum Rear Yard Setback(13)
Standard Lot 25 ft 25 ft 20 ft 20 ft 20 ft 20 ft
Flag Lot and Cul-de-sac Lot 25 ft 25 ft 20 ft 20 ft 20 ft 20 ft
Adjacent to Alley or Street R-O-W 25 ft 25 ft 20 ft 20 ft 20 ft 20 ft 20 ft
(g) Maximum Building Coverage 55% 55% 55% 55% 65% 55%(14) 60%(14)
(h) Maximum Density 1
DU/acre
1
DU/20,000
sf
1
DU/6,000
sf
See note
(18)
1
DU/2,500
sf
1
DU/5,000
sf
1
MH/2,500
sf
1
RV/1,500
sf
(i) Maximum Height
Primary Structure 2 S/35 ft
(5)
2 S/35 ft
(5)
2 S/35 ft
(5)
35 ft 35 ft 1 S/17 ft 1 S/17 ft
Accessory Structure 1 S/17 ft 1 S/17 ft 1 S/17 ft 1 S/17 ft 1 S/17 ft
(j) Of-Street Parking Refer to article XI, Parking and Loading
(k) Signs Refer to article XIV, Signs
(l) Landscape Refer to
section 27.180
(m) Minimum Building Separation(16) 10 ft 10 ft 10 ft 10 ft 10 ft 10 ft 10 ft
(n) Accessory Buildings Refer to article XII, Special Development Standards and Uses

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:

Lot Area (square feet) Setback (front yard) Minimum Required Width (feet) Minimum Required Width (feet)
Interior Lots Corner Lots
6,000—7,500 20 feet 50 55
7,501—9,000 25 feet 55 60
9,001—10,500 25 feet 60 65
10,501—12,500 25 feet 65 65
12,501—14,500 30 feet 70 70
14,501—16,500 30 feet 75 75
16,501 and greater 35 feet 80 80

(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)

Sec. 27.74. - Special development standards.

Refer to article XII (Special Development Standards and Uses) of this zoning ordinance for applicable special residential development standards.

(Ord. No. 2008-04 § 1.)

Secs. 27.75—27.79. - Reserved. Article V. - Commercial Districts.

Sec. 27.80. - Commercial districts.

Commercial districts included in this zoning ordinance are as follows:

1.

Zone C-P (Service and Professional). Zone C-P is established to provide areas for the development of certain business and professional offices and related uses in locations within or in close proximity to residential areas where such uses can conveniently serve the public. This zone would permit the development of light traffic generating uses to be located on heavily traveled highway frontages, or adjacent to commercial or industrial zones, in order to lessen the impact of the more dynamic uses on residential uses.

2.

Zone C-1 (Neighborhood Commercial). Zone C-1 is established to provide for restricted neighborhood commercial needs. Business and professional offices and limited retail stores are permitted. Provisions are included to allow public educational institutions and the establishment of necessary public service facilities. The standards of development in zone C-1 are

designed to protect adjacent zones, promote orderly development and avoid the creation of traffic congestion within the neighborhood.

3.

Zone C-2 (Medium Commercial). Zone C-2 is established to provide for the majority of the city of Brawley's commercial needs. This zone would include the central business district where a wide range of retail and service establishments could be provided.

4.

Zone C-3 (Heavy Commercial). Zone C-3 is established to provide areas for intense commercial activity serving the commercial needs of not only the city of Brawley, but the region as well. This zone would permit the development of wholesale businesses and adult businesses that would be incompatible with professional offices and related uses in close proximity to residential areas, public educational institutions and necessary public service facilities, and limited or wideranging retail and service establishments allowed in the other commercial zones.

(Ord. No. 2008-04 § 1.)

Sec. 27.81. - Purpose.

The commercial zones are established to provide for areas where business may be conducted, goods sold and distributed, services rendered, government services offered, and such other activities as are related to the functioning of commercial areas. The several commercial zones are intended to fulfill the need for all shopping areas. The standards of development are designed to make the various commercial areas compatible with adjacent developments to the maximum extent possible.

(Ord. No. 2008-04 § 1.)

Sec. 27.82. - Commercial permitted uses, accessory uses, conditional and prohibited uses.

(a)

Permitted uses (uses permitted by right) in the commercial zoning districts are largely commercial service, retail, and wholesale oriented, but may include uses which are accessory to the commercial use, such as a public facility and other uses clearly recognized as necessary to the primary commercial use.

(b)

Certain uses may not be suitable in every location within commercial districts and therefore require planning director or planning commission discretionary review through the conditional permit process described in section 27.272 of this zoning ordinance. Table 27.82, Uses by Commercial Zoning District, lists those uses that are:

1.

Permitted by right;

2.

Permitted as accessory to the commercial use;

3.

Permitted as conditional uses; and

4.

Prohibited in the commercial zoning districts.

(c)

The planning commission may also permit other uses similar to the uses permitted by right in table 27.82 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 27.82.

(Ord. No. 2008-04 § 1.)

Table 27.82

Uses by Commercial Zoning District

Commercial Zoning District Uses C-P C-1 C-2 C-3
Academies of learning (private) P P X X
Access for other uses not permitted in zone C* C* C* C*
Accessory buildings or structures P P P P
Adult businesses X X X C
Agricultural equipment sales ofces and display yards for farm equipment sales X X X P
Agricultural equipment, rental or sales X X X P
Animal hospital, large animals X X C C
Apartment houses P X X X
Appliance stores, household X X P P
Art supply stores X X P P
Auction sales, indoors, excluding animals X X P P
Auditoriums and conference rooms X X P P
Automobiles—used, retail sales, storage X X P P
Automobile brake repair shops, mufer, painting, radiator, upholstering X X P P
Automobile laundries, car washes C* C* P P
Automobile rental agencies P P P P
Automobile repair garages (indoor), excluding body, fender, painting,
upholstering
X C PI P
Automobile repair, incidental to service station X C P P
Automobile sales, new and used X X P P
Automobile service stations X C C C
Automobile supply stores X X P P
Bakery goods distributors X X X P
Bakery shops, baking X P P P
Banks, savings and loans and credit unions P P P P
Barber and beauty shops P P P P
Bars and cocktail lounges X C C C
Bicycle sales and service X P P P
Bicycle, scooter and similar rentals X X P P
Billiard and pool halls X X P P
Blueprinting shops X P P P
Boats—used, retail sales, repair incidental to sales (indoor) and storage X X P P
Book binderies X X X P
Book stores X P P P
Bowling alleys X X P P
Building material storage during construction P P P P
Caretaker's residence X C C C
Carnivals C* C* C* C*
Catering services X P P P
Ceramics manufacturing incidental to sales (kiln 16 cubic feet maximum) X X X P
Child care centers C C* P P
Children's homes C C* C C
Christmas tree/wreath sales C* C* C* C*
Churches, temple and other places of worship P P P P
Circuses C* C* C* C*
Cleaning and dyeing agencies X P P P
Clothing apparel, children's X P P P
Clothing stores X P P P
Communication equipment buildings C C P P
Community social centers X X P P
Confectionary or candy stores X P P P
Construction ofce temporary on-site P P P P
Convalescent hospital, homes P X X X
Crops, feld, tree, bush, berry and row, growing of X X X P
Dance halls X X P P
Day care centers (greater than 12 persons) C C C C
Delicatessens X P P P
Dental clinics, including laboratories P P P P
Department stores X X P P
Dress shops X P P P
Drug stores P P P P
Dry cleaning, self-service X P P P
Educational, philanthropic, charitable institutions P X X X
Electric distribution substations, microwave facilities (75 feet max height) P* P* P* P*
Emergency shelters X P* P* P*
Employment agencies X P P P
Equipment rental services X X P P
Farmers markets X X C* C*
Feed and grain sales X X P P
Fire stations C C C C
Fireworks stands X P* P* P*
Florist shops X P P P
Furniture and household goods, storage/transfer X X X P
Furniture stores X X P P
Furrier shops X X P P
Gas measurement stations X X C C
Gift shops X P P P
Glass edging, beveling, and silvering in w/sales X X P P
Glass installation X X P P
Golf courses, including miniature X X P P
Gymnasiums X X P P
Hardware shops X P P P
Hat cleaning and blocking establishments X X P P
Health centers X X C C
Health food stores X X P P
Heliports/helistops C C C C
Hobby supply stores X X P P
Hospitals C C C C
Hotels, transient occupants only X X P P
Ice cream shops X P P P
Ice sales, not including ice plants X P P P
Interior decorating shops X P P P
Jewelry stores with incidental repair X P P P
Laboratories, flm, research or testing C C C C
Laboratories, medical and dental C C C C
Laundries, hand X X P P
Laundries X X X C
Laundries, self-service X P P P
Laundry agencies X P P P
Leather goods stores X X P P
Libraries P P P P
Liquor stores X X P P
Locksmith shops X X P P
Lodge halls C C* P P
Mail order houses, not including warehousing X X P P
Manufacturing's agent, carrying only samples X X P P
Manufacturing, limited X X X C*
Markets, food X P P P
Massage parlors X X X C
Meat markets, not including slaughtering X P P P
Medical clinics, including labs and/or pharmacies P P P P
Menageries X X X C
Microwave stations, including towers (35 feet maximum) C C C P
Microwave tower exceeding 35 feet X C C C
Millinery shops X X P P
Mini-storage X X X C
Mimeographing and addressograph services X X P P
Mobile and temporary food and beverage establishments X X C C
Mobilehome park X X X C
Model homes not occupied as a residence X C* C* C*
Mortuaries X X P P
Motels, transient occupancy only X X P P
Museums X X P P
Museums, enclosed building P P P P
Music stores X X P P
News stores X P P P
Notions or novelty stores X P P P
Nurseries, growing of nursery stock X X P P
Nursery schools P P P P
Ofces, business and professional P P P P
Outdoor advertising X X X P
Paint and wallpaper stores X P P P
Parking lots P P P P
Parking buildings X P P P
Parks and playgrounds, publicly owned P P P P
Pawn shops X C C* C*
Pet shops X X P P
Pet supply shops X X P P
Photo-engraving X X X P
Photographic equipment and supply store X P P P
Photography studios X X P P
Plumbing shops X X P P
Police stations P P P P
Post ofces P P P P
Pottery stores X X P P
Printers and publishers X X X P
Private clubs C X P P
Public utility service centers X X X C
Radio and television towers over 35 feet in height X C C C
Radio and television stations and towers (35 feet maximum) X C C C
Radio and television stores X X P P
Recreational vehicle parks X X C C
Reducing salons X X P P
Refreshment stands X X P P
Residences C C X X
Rest home C X C C
Commercial Zoning District Uses C-P C-1 C-2 C-3
Restaurants and other eating establishments X P P P
Retail stores X P P P
Revival meetings, in a tent (30 days/6 months maximum) X X X C*
Rooming/boarding houses C* C C C
Schools, business and professional X X P P
Secondhand stores X X P P
Service station C C C* C*
Shoe repair shops X P P P
Shoe stores X P P P
Shoeshine stands X X P P
Shooting galleries X X C C
Silk screens, manufacture and processing of X X C C
Skating rinks X X C C
Sporting good stores X X P P
Stationary stores X P P P
Stations, bus, railroad and taxi X X C C
Storage, building materials for on-site construction P P P P
Storage, construction materials public projects C* C* C* C*
Swap meets X X C* C*
Swimming pools A A A A
Tailor shops X X P P
Tattoo studios X X X C
Theaters, not including drive-in X X P P
Theaters, drive-in X X X C
Tile sales, ornamental X X P P
Tobacco shops X C* P P
Tourist information centers X C* P P
Toy shops X X P P
Trailer sales, not truck trailers X X P P
Trailers, rental of house trailers X X X P
Trailers, rental (2 tons maximum) X X X P
Trucks, sales and rentals X X X P
Truck shops X X C C
Turkish baths X X X C
Typewriter sales and incidental repairs X X P P
Watch repair shops X P P P
Water wells, reservoirs (storage/distribution systems) X C C C
Wearing apparel shops X P P P
Wholesale business with samples, no general warehousing X X X P

Key:

P = Use permitted by right.

PI = Use permitted by right, indoors only.

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.

(Ord. No. 2012-05, § 1, 11-20-2012)

Sec. 27.83. - Commercial development standards.

General development standards for the commercial zoning districts are provided in table 27.83. 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 floor area ratio; (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 commercial districts necessary to ensure quality development. The development standards are supplemented by special development standards described in article XII of this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Table 27.83

Commercial Development Standards

Commercial Zoning Districts
Development Standards(1) C-P(11) C-1 C-2 C-3
(a) Minimum Lot Size(2),(4),(5) 5,000 sf 5,000 sf 5,000 sf 5,000 sf
(b) Minimum Lot Width(2),(6)
Standard Lot 50 ft 50 ft 50 ft 50 ft
Cul-de-sac Lot (at front
setback line)
50 ft 50 ft 50 ft 50 ft
Flag Lot (at front setback line) 50 ft 50 ft 50 ft 50 ft
Flag Lot (for access
extension)
30 ft 30 ft 30 ft 30 ft
(c) Minimum Lot Depth(2) n/a n/a n/a n/a
(d) Minimum Front Yard
Setback(7)
From Ultimate Street R-O-W 15 ft 15 ft 15 ft 15 ft
Flag Lot (from connection
with access extension)
15 ft 15 ft 15 ft 15 ft
(e) Minimum Side Yard
Setback(8)
Interior Side 5 ft(3) 5 ft(3) 10 ft(3) 10 ft(3)
Street Side 5 ft 10 ft 0 ft 0 ft
Flag Lot 5 ft(3) 5 ft(3) 10 ft(3) 10 ft(3)
(f) Minimum Rear Yard
Setback(9)
Standard Lot 20 ft(3) 10 ft(3) 10 ft(3) 10 ft(3)
Flag Lot and Cul-de-sac Lot 20 ft(3) 10 ft(3) 10 ft(3) 10 ft(3)
Adjacent to Alley/Street R-O-
W
20 ft(3) 10 ft(3) 10 ft(3) 10 ft(3)
(g) Maximum Building
Coverage
50% 50% 60% 60%
(h) Maximum Floor Area Ratio 0.5:1 0.5:1 0.6:1 0.6:1
(i) Maximum Height
Primary Structure 2 S/35 ft 2 S/35 ft 3 S/45 ft 3 S/45 ft
(j) Of-Street Parking Refer to article XI, Parking and Loading
(k) Signs Refer to article XIV, Signs
(l) Landscape Refer to
section 27.180
(m) Minimum Building
Separation
(10) (10) (10) (10)
(n) Accessory Buildings Refer to article XII, Special Development Standards and Uses

Notes:

(1) See article II for definitions of terms used for development standards.

(2) Development standard applies to proposed subdivisions of land.

(3) Adjacent to residential zone districts.

(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 easements when the owner of the servient tenement does not have the right to use the entire surface of the land.

(5) Refer to sections 27.161 through 27.164.

(6) Refer to section 27.165, Minimum lot width.

(7) Refer to section 27.169, Specialized front yard requirements.

(8) Refer to section 27.170, Specialized side yard requirements.

(9) Refer to section 27.171, Specialized rear yard adjoining an alley.

(10) In accordance with the building code.

(11) For residential use in the CP zone, apply development standards for R-1 or R-3 zones as applicable.

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

Sec. 27.84. - Special development standards.

(a)

Outside Display. All display and storage in the C-P zone shall be located wholly within an enclosed building. All display and storage in the C-1 and C-2 zones shall be located wholly within an enclosed building except for the following:

1.

Automobile service station but excluding outside display of other than automobile tires, batteries and similar equipment and accessories or petroleum products; parking lots.

(b)

Outside Display C-3. All display and storage in zone C-3 shall be located wholly within an enclosed building except for the following:

1.

Automobile sales; automobile service station but excluding outside display of other than automobile tires, batteries and similar equipment and accessories or petroleum products;

Boat sales; Christmas trees, wreaths; florist shops; nursery stock, plant material, only; parking lots; trailer sales.

(c)

Walls. Each lot or parcel of land in zones C-P, C-1, C-2, and C-3 which has a side or rear lot line adjoining property with a legal nonconforming residential use, or adjoining property in a residential zone (or agricultural zone for C-2 and C-3) shall have a solid masonry wall, not less than five feet in height nor more than six feet in height, established along said side and rear lot lines adjoining said properties or zones. Alternate walls instead of solid masonry walls will be allowed with the planning commission's approval.

(d)

Emergency Shelters. All emergency shelters in the C-1, C-2 and C-3 zones shall meet the objective requirements described below:

1.

Emergency shelters shall be limited to a maximum of thirty beds.

2.

Parking requirements shall be the same as for nursing homes and convalescent hospitals as described in section 27.143 of article XI.

3.

All waiting and intake areas shall be within an enclosed building and shall have a legal occupancy rating of eight people.

4.

Each emergency shelter shall accommodate a minimum daytime staff of one staff member per eight occupied beds (1—8 beds = 1 staff; 9—18 beds = 2 staff; etc.) and a minimum nighttime staff of one staff per twelve occupied beds (1—12 beds = 1 staff; 13—24 beds = 2 staff; etc.).

5.

No parcel with an emergency shelter use shall be established closer than three hundred feet from another parcel with an emergency shelter use.

6.

The length of stay within an emergency shelter shall be limited to a maximum of six months.

7.

The exterior lighting of the building housing the emergency shelter shall be provided to adequately illuminate all sides of the building to allow for security to monitor all sides of the structure.

8.

Security staff or electronic cameras with video monitors that can be viewed by nighttime staff shall be provided to monitor the exterior of the building housing the emergency shelter. The exterior of the building shall be monitored by security staff or electronic cameras between 10:00 P.M. and 6:00 A.M.

(Ord. No. 2008-04 § 1.)

Secs. 27.85—27.89. - Reserved. Article VI. - Manufacturing and Industrial Districts.

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Contents — Brawley Zoning Code

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