Indio City Council
August 17, 2022

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d. A ny change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the Public Works Director; e. A
ny change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD Overlay Zone or to the overall major street system, as determined by the Public Works Director; or
f. A
ny other proposed change to the PD Permit/Plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.

3. M
inor Amendments.

Amendments not meeting one or more of the criteria listed in this Section shall be considered minor if they are consistent with and would not change any original condition(s) of approval. Minor Amendments may be approved by the Director.

H. Pr oject Review.

Plans for a project in a PD Overlay Zone shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD Permit/Plan and any conditions of approval. No project may be approved and no building permit shall be issued unless the project, alteration or use is consistent with an approved PD Permit.

6.05.02. de velopment Agreements
A. Pu rpose.

This Section establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of the approval, subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

B. A pplicability.

1. T he City incorporates by reference the provisions of Government Code Sections 65864- 65869.5. In the event of any conflict between those statutory provisions and this Chapter, the statutes shall control.

2. A d
evelopment agreement may be considered for a proposed development that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services.

C. R eview Authority.

1. T he Director shall negotiate the specific components and provisions of the Development Agreement on behalf of the City for Planning Commission review (if applicable) and recommendation to the City Council.

The Director may request input from other affected Departments as needed.

2. I
f the Development Agreement involves a land use matter, the Planning Commission shall act as the advisory body and review the Development Agreement to provide recommendation to the City Council.

If the Development Agreement does not involve a land use matter, it shall go directly to the City Council for review and decision-making.

3. T
he City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission (if the development agreement involves a land use matter), may adopt, reject, or modify a Development Agreement based on consideration of the requirements of this Chapter.

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D. P rocedures.

An applicant for a development project may request that the City review the application as a Development Agreement application in accordance with the following procedures. The City incorporates by reference the provisions of Government Code Sections 65864-65869.5. In the event of any conflict between these statutory provisions and this Section, this Section shall control.

1. A
pplication Requirements.

Applications for Development Agreements shall be filed with the Community Development Department in accordance with the provisions set forth in Section 6.03.03 (Application Forms and Fees, and Reapplications). In addition to any other application requirements, the application for a Development Agreement shall include data or other evidence in support of the applicable findings required by Subsection G (Required Findings) of this Section.

2. C
ontents of Development Agreements.
a. R
equired Contents. A Development Agreement shall specify its duration, the permitted uses of the subject property, the general location and density or intensity of uses, the general location, maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability (assignment). b.

Ad
ditional Contents. Development Agreements may also include the following:
i. I
mprovements and Fees. A Development Agreement may include requirements for construction and maintenance of onsite and offsite improvements or payment of fees in lieu of such dedications or improvements.
ii.

C
onditions. A Development Agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant’s responsibility to obtain all required land use approvals. iii.

P
hasing. A Development Agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.
iv.

F
inancing. If the Development Agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing. v. I
ndemnity. A Development Agreement may contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.
vi.

P
erformance Obligation Fees. A Development Agreement may include provisions to guarantee performance of obligations stated in the agreement.
vii. O
ther Items. Other components and provisions as negotiated by the City.

3. A
pplication Completeness.

The Director shall review the application to determine whether or not it is complete. If it is found that the application is complete, the Director shall accept it for filing. If the application is found to be incomplete, the Director shall refuse to accept the application for filing and shall inform the applicant in writing of the items necessary to properly complete the application.

4. C
oncurrent Processing.

It is the intent of this Section that the application for a Development Agreement will be made and considered simultaneously with the review of other necessary applications, including, but not limited to Development Code text amendments, rezoning, Planned Development permits, and Conditional Use Permits. If combined with an application for rezoning, Planned Development, or Conditional Use Permit, the application for a Development Agreement shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Development Agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval.

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E. P lanning Commission Hearings and Recommendations.

1. No tice.

Public notice of hearings by the Planning Commission for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

2. H
earing.

The Planning Commission shall conduct a public hearing for making recommendations to the City Council in conformance with the provisions of Section 6.03.08 (Public Notice).

3. R
ecommendation to Council.

Following the public hearing, the Planning Commission shall make a written recommendation on the proposed Development Agreement. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council for action.

F. C ity Council Hearings and Actions.

1. A pplicant Execution of Agreement.

A proposed Development Agreement shall be executed by the Applicant before it is placed before City Council for consideration at a public hearing.

2. No
tice.

Public notice of hearings by the City Council for a Development Agreement shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

3. H
earing.

After receiving the report from the Planning Commission but no later than the time specified by Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).

4. D
ecision.

After the City Council completes the public hearing, the City Council shall approve, modify, or deny the Development Agreement. Approval of a Development Agreement shall be by ordinance. The ordinance shall refer to and incorporate by reference the text of the Development Agreement. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred to it by the City Council.

G. R equired Findings.

After the public hearing, the City Council may approve, modify or disapprove the proposed Development Agreement. The City Council shall make the following findings for the approval of a Development Agreement:

1. T
he proposed Development Agreement and its provisions are consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed Development Agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed Development Agreement.

2. T
he proposed Development Agreement and its provisions will not adversely affect the orderly development of property or the preservation of property value.

3. T
he proposed Development Agreement and its provisions will not be detrimental to the health, safety and general welfare.

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H. E xecution and Recordation.

Within 10 days after the ordinance approving the Development Agreement takes effect, the City Manager or his/ her designee shall execute the Development Agreement on behalf of the City. The City Clerk shall record the fully executed Development Agreement with the County Recorder.

I. P eriodic Review.

The applicant shall be required to demonstrate compliance with the provisions of the Development Agreement at least once a year, at which time the City Manager or his/her designee shall review each approved Development Agreement. The City Manager shall provide a written report to the City Council on the status and performance of each Development Agreement.

1. F
inding of Compliance.

If the City Manager or his/her designee, based on substantial evidence, finds compliance by the applicant with the provisions of the Development Agreement, no action is required.

2. F
inding of Noncompliance.

If the City Manager or his/her designee finds the applicant has not complied with the provisions of the Development Agreement, the Director may issue a finding of noncompliance which may be recorded by the City with the County Recorder after it becomes final. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or revision pursuant to this Chapter.

3. A
ppeal of Determination.

Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final.

J. A mendment or Cancellation.

1. M utual Agreement.

Any Development Agreement may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this Section. A Development Agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and City Manager or his/her designee.

2. A
fter Finding of Noncompliance.

If a finding of noncompliance does not include terms of compliance, or if the applicant does not comply with the terms of compliance within the prescribed time limits, the City Manager or his/her designee may refer the Development Agreement to the City Council for termination or revision. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance and issue a finding of compliance.

3. R
ecordation.

If the parties to the agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk shall record notice of such action with the County Recorder.

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4. R ights of the Parties After Cancellation or Termination.

If a Development Agreement is cancelled or terminated, all rights of the applicant, property owner, or successors in interest under the Development Agreement shall terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return all benefits, including reservations or dedications of land and payments of fees received by the City.

K. E ffect of Approved Agreement.

1. E xisting Rules and Regulations.

Unless otherwise specified in the Development Agreement, the City’s rules, regulations, and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations, and official policies in force on the effective date of the Development Agreement.

2. F
uture Rules and Regulations.

A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the Development Agreement. A Development Agreement shall not prevent the City from denying or conditionally approving any subsequent land use project or authorization for the project on the basis of such rules, regulations, and policies. Unless otherwise specified in the Development Agreement, a Development Agreement shall not exempt the applicant from obtaining future discretionary land use approvals.

3. S
tate and Federal Rules and Regulations.

In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a Development Agreement has been entered into, prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.

L. E nforcement.

The procedures for enforcement, revision, cancellation, or termination of a Development Agreement specified in this Section and in Government Code Section 65865.4 or any successor statute are non-exclusive. A Development Agreement may be enforced, revised, cancelled, or terminated by any manner otherwise provided by law or by the provisions of the Development Agreement.

6.05.03. S pecific Plans
A. Pu rpose.

The purpose of this chapter is to provide a process for preparing, processing, reviewing, adopting, and amending Specific Plans in compliance with State law (Government Code Section 65450 et seq. or as this subsection may be amended/replaced from time to time).

B. I ntent and Relationship to Zoning.

1. A S pecific Plan shall be utilized to provide more flexibility to encourage a more creative development approach that will result in a more efficient, aesthetically pleasing, and desirable use of land than might be normally allowed under the zone and associated development standards applied to the property(ies).

2. A S
pecific Plan shall not be an alternative to adopted development regulations of the City unless an applicant can demonstrate that the specific plan achieves one or more of the following:
a. P
rovides for community benefits beyond those normally required under existing development regulations.
b. P
reserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community.

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c. P rovides for efficient street and utility systems through the clustering of structures.

3. A S
pecific Plan adopted by ordinance shall replace the base zone for the subject property, and the development standards and guidelines identified in the Specific Plan shall take precedence over the general standards and guidelines contained in this Code.

C. A pplicability.

At the discretion of the Director, a Specific Plan may be required under the following circumstances:

1. I
f the General Plan requires preparation of a Specific Plan for a particular geographic area;

2. F
or areas included within the City’s sphere of influence and proposed for annexation to the City to address unique biological resources or create fiscal benefits for the city or enhance infrastructure; and

3. A
s a tool to assist in the comprehensive master planning of non-residential project sites.

D. R eview Authority.

1. T he Director shall negotiate the specific components and regulations of the Specific Plan on behalf of the City for Planning Commission review and recommendation to the City Council. The Director may request input from other affected Departments as needed.

2. T
he Planning Commission shall act as the advisory body and review the Specific Plan to provide recommendation to the City Council.

3. T
he City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Specific Plan based on consideration of the requirements of this Section.

E. M inimum Project Area.

1. T he minimum project area for a privately initiated Specific Plan shall be 100 acres. For publicly initiated Specific Plans, there shall be no minimum project area size

2. T
he project area may be one parcel under single ownership or a combination of adjoining parcels subject to a unified planning concept with written concurrence of one or more applicable property owners.

F. P rocedures.

1. I nitiation and Pre-submittal Requirements. A Specific Plan may be initiated in the following manner:
a. B
y City Council minute order direction;
b. B
y an application being filed by or on behalf of the owner(s) of one or more parcels which would be the subject of the Specific Plan. If initiated by an applicant, the following should first occur:
i. A p
re-application conference shall be conducted before the filing of a Specific Plan with the City.

Pre-application meetings shall be conducted in conformance with Section 6.03.04 (Pre-Application Review and Conferences); and
ii. B
efore submittal of a Specific Plan, a minimum of two neighborhood meetings shall be held to identify potential community impacts and concerns relating to the proposed Specific Plan.

Neighborhood meetings shall be conducted in conformance with Section 6.03.05 (Neighborhood Review Meetings).

2. P
reparation and Content.
a. T
he applicant shall prepare a draft Specific Plan for review by the City that includes detailed information in the form of text and diagram(s), organized in compliance with State law (Government Code Section 65451).
b.

T
he following information shall be provided:
i. T
he distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;
ii. T
he proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed to be located within the Specific Plan area and needed to support the proposed land uses;

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iii. S tandards, criteria, and guidelines by which development would proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; iv. A p
rogram of implementation measures, including financing, regulations, programs, and public works projects, necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;
v. A d
iscussion of the relationship of the Specific Plan to the actions, goals, objectives, and policies of the adopted General Plan inclusive of detailed analysis as to how the Specific Plan complies with the actions, goals, objectives, and policies;
vi.

T
he Specific Plan shall contain additional information deemed to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable actions, goals, objectives, and policies of the General Plan, or any other issue(s) determined by the Director to be significant.
c.

T
he Specific Plan application shall be accompanied by a market study prepared by a qualified real estate professional and/or land use economist that analyzes the “highest and best use” land use considerations for the property(ies) being considered for the Specific Plan; and d.

T
he Specific Plan application shall be accompanied by appropriate environmental analysis addressing compliance with the provisions of CEQA that assesses whether there will be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA. This environmental analysis may be accompanied by one or more relevant supporting studies addressing environmental topical areas including but not limited to transportation, air quality, biological resources, water quality, noise, aesthetics, and cultural resources.

3. A
pplication Filing, Processing, and Review.
a. A d
raft Specific Plan and application shall be filed with the Community Development Department and shall be accompanied by written and graphic documents intended to substantiate the request on a form provided by the Department. The draft plan shall be processed in the same manner as required for general plans by State law.
b.

T
he required fee established by the City’s fee resolution shall be submitted at the same time as the application submittal.
c.

A
fter the filing of an application draft Specific Plan, the Director or his/her designee shall review the draft plan and associated documents to determine whether it is in compliance with the provisions of the submittal requirements for the processing for a Specific Plan. d.

I
f the application for the draft plan is not in compliance, a notice of incompleteness shall be issued to the applicant with written specification(s) as to why it does not comply and with suggested revisions to ensure compliance.
e.

Wh
en the applicant resubmits the required elements needed for a completeness determination to the department and the Director determines it is complete and in compliance with this Section, the proposed Specific Plan application shall be deemed to be accepted for processing. f.

T
he draft Specific Plan shall be subject to environmental review pursuant to the provisions of the CEQA.

4. C
oncurrent Processing.

It is the intent of this Section that the application for a Specific Plan will be made and considered simultaneously with the review of other necessary applications, including, but not limited to rezoning, planning review applications, and Conditional Use Permits. If combined with an application for rezoning, planning review application, or Conditional Use Permit, the application for a Specific Plan shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A Specific Plan is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval. The applicant shall proceed at known risk and any decision for the other associated applications shall be contingent upon the City Council’s approval of the Specific Plan.

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G. P lanning Commission Hearings and Recommendations.

1. No tice.

Public notice of hearings by the Planning Commission for a Specific Plan shall be given as specified in Section 6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Specific Plan.

2. H
earing.

The public hearing(s) shall be held after transmittal to and receipt of comments from other City Departments and external review agencies, required noticing, as applicable, to Native American Indian tribes, the conduct of required environmental analysis and associated noticing, as applicable, and the conduct of required public noticing. The Planning Commission shall conduct one or more public hearings for making recommendations to the City Council in conformance with the provisions of Section 6.03.09 (Public Hearings).

3. R
ecommendation to City Council.

Following the conclusion of the public hearing process, the Planning Commission shall recommend to the City Council the approval, approval in modified form or disapproval based on making required findings per Subsection I (Required Findings) of this Section. The Director shall transmit the Planning Commission’s written recommendation and complete record of the application to the City Council for final action.

H. C ity Council Hearings and Actions.

1. No tice.

Public notice of hearings by the City Council for a Specific Plan shall be given as specified in Section

6.03.08 (Public Notice). Notice of the hearing(s) shall also be mailed or delivered to any other local agency expected to provide essential facilities or services to the property that is the subject of the Development Agreement.

2. H
earing.

After receiving the report from the Planning Commission but no later than the time specified in Section 65943 of the Government Code, the City Council shall hold a public hearing in conformance with the provisions of Section 6.03.09 (Public Hearings).

3. D
ecision.

After the City Council completes the public hearing(s), the City Council shall approve, modify, or deny the Specific Plan. Approval of a Specific Plan shall be by ordinance in compliance with State law (Government Code Section 65453). The ordinance shall refer to and incorporate by reference the text of the Specific Plan. If there are any substantial change(s) to the Specific Plan that were not considered by the Planning Commission at time of Council review and consideration, the Council may refer the Specific Plan back to the Commission for its recommendation on said changes, in compliance with State law (Government Code Section 65356). The failure of the Planning Commission to report within 45 days after the referral, or within the time set by the City Council, shall be deemed a recommendation for approval.

I. R equired Findings.

After the public hearing, the City Council may approve, modify, or disapprove the Specific Plan. The City Council shall make the following findings for the approval of a Specific Plan:

1. T
he proposed Specific Plan is consistent with the General Plan and all relevant elements and is not inconsistent with any element thereof;

2. T
he proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

3. T
he subject property(ies) proposed for the Specific Plan is physically suitable for the requested land uses and physical site development;

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4. T he Specific Plan provides for community benefits beyond those normally required under existing development regulations;

5. T
he Specific Plan preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community;

6. T
he Specific Plan provides for efficient street and utility systems through the clustering of structures;

7. T
he Specific Plan utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods;

8. T
he Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses;

9. T
he Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species;

10. T
he proposed Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood;

11. T
he Specific Plan has been designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of transportation access;

12. T
he Specific Plan is not an alternate to adopted development regulations of the City because the applicant has substantively demonstrated that the Specific Plan achieves one or more of the following:
a. P
rovides for community benefits beyond those normally required under existing development regulations.
b. P
reserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community. c.

P
rovides for efficient street and utility systems through the clustering of structures.

13. T
here are existing or planned public and private infrastructure available to the subject property(ies) proposed for the Specific Plan. If one or more public or private infrastructure is not currently available to serve the project, the applicant shall bear the burden of proof in demonstrating how such service will be provided;

14. T
he Specific Plan is the “highest and best use” of the land relative to the requested change in allowable land uses, development intensity and/or density, and development standards as compared against the current zoning applied to the property(ies) being proposed for the application of the Specific Plan; and

15. T
he proposed project has been reviewed in compliance with the provisions of CEQA and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.

J. E xecution and Implementation.

1. A fter the adoption of a Specific Plan, a public works project, a tentative map or parcel map, or an amendment to this Code may be approved/adopted within an area covered by a Specific Plan only if it is first found consistent with the Specific Plan.

2. I
mplementation of development projects within an area covered by a Specific Plan shall require the filing and approval of all applicable development permits unless filed and reviewed concurrently with the Specific Plan application.

3. T
he Council may impose a Specific Plan fee surcharge on development permits and approvals within the Specific Plan area, in compliance with State law (Government Code Section 65456).

K. A mendments.

1. A S pecific Plan may be amended through the same procedure specified by this Section for the approval of a Specific Plan.

2. T
he Specific Plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453).

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6.06. G E nErA L PLAn An d ZonI nG
A
MEn
d
MEn
tS

6.06.01. Am endments to the General Plan,
de
velopment
co
de, and Zoning Map
A. Pu rpose.

This Chapter establishes procedures for consideration and review of amendments to the General Plan, Development Code, and/or Official Zoning Map, when there are compelling reasons to do so. More specifically, this Chapter addresses:

1. A
mendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

2. A
mendments to the Development Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

B. A pplicability.

The procedures in this Chapter shall apply to:

1. A
ll proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and

2. A
ll proposals to change the text of this Development Code or to revise a zone or boundary line shown on the Zoning Map.

C. R eview Authority.

The Planning Commission shall act as the advisory body for all amendments to the General Plan, Development Code, and Zoning Map and provide recommendations to the City Council. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the General Plan, Development Code, and Zoning Map.

D. I nitiation of Amendment.

An Amendment to the General Plan, Development Code, or Zoning Map may be initiated by any qualified applicant identified in Section 6.03.03 (Application Forms and Fees, and Reapplications), the Community Development Director, or by a motion of the City Council or Planning Commission.

E. P rocedures.

1. A pplication.

A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter

6.03 (Common Procedures). The Community Development Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Community Development Department may allow amendments to the General Plan, Development Code, and Zoning Map to be processed concurrently with other applications.

2. S
taff Report.

The Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Subsection I (Criteria for Zoning Amendments) of this Section (if applicable), as well as an environmental document prepared in compliance with the CEQA. Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

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3. P ublic Hearing and Notice.

All Amendments to the General Plan, Development Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 6.03.08 (Public Notice). Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

F. P lanning Commission Hearing and Recommendation.

1. P lanning Commission Hearing.

Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 6.03.09 (Public Hearings).

2. R
ecommendation to City Council.

Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to Subsection I (Criteria for Zoning Amendments) of this Section, and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a Council memo, prepared by the Community Development Department, with a copy of the approved minutes from the Planning Commission meeting.

G. C ity Council Hearing and Action.

1. C ity Council Hearing.

After receiving the recommendation from the Planning Commission, the City Council shall hold one or more hearings in accordance with Section 6.03.09 (Public Hearings). The notice for the hearing shall include a summary of the Planning Commission recommendation.

2. C
ity Council Action.

After the conclusion of the hearing(s), the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

H. C riteria for General Plan Amendments.

The Planning Commission shall not recommend and the City Council shall not approve an amendment to the General Plan unless the proposed amendment meets the following criteria:

1. T
he proposed amendment is internally consistent with other applicable provisions of the General Plan;

2. T
he proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;

3. T
he proposed amendment would maintain the appropriate balance of land uses within the city;

4. T
he proposed amendment is compatible with existing or proposed uses in the area, and would not create an “island” or spot land use designation inconsistent with the intent and policies of the General Plan, or with the density or land uses of surrounding properties;

5. I
n the case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designation and the anticipated land use developments;

6. T
he proposed amendment would not be detrimental to the public interest, health, safety, and general welfare; and

7. T
he proposed amendment is in compliance with the provisions of CEQA.

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I. C riteria for Zoning Amendments.

The Planning Commission shall not recommend and the City Council shall not approve an amendment to the Development Code and/or Zoning Map unless the proposed amendment meets the following criteria:

1. T
he amendment is consistent with the General Plan;

2. T
he proposed amendment is internally consistent with other applicable provisions of the Code;

3. A
ny change in zone boundaries is consistent with the General Plan and is necessary to achieve the balance of land uses desired by the City;

4. T
he amendment will promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare; and

5. T
he proposed amendment is in compliance with the provisions of the CEQA.

6.06.02. P re-Zoning
A. Pu rpose.

The purpose of this Chapter is to establish a procedure for zoning property upon annexation.

B. A pplicability.

Unincorporated territory adjoining the city may be pre-zoned for determining the zoning that will apply to such property upon annexation.

C. P rocedure.

Zoning of property to be annexed shall be established through initiation and processing according to the procedures established in this Chapter.

D. N otification of the Board of Supervisors.

In addition to any other public notice required per Section 6.03.08 (Public Notice), the City shall, as a part of any rezoning request, notify the Board of Supervisors of the County of the proposed application of the pre-zoning process.

E. E ffective Date of Zoning.

Territory annexed to the city, shall, upon the date that the annexation becomes effective, become a part of the study district, unless the City Council determines otherwise by ordinance. The zoning shall be temporary and the Planning Commission shall recommend to the City Council within a period not to exceed one year a final zoning plan for the annexed territory.

F. P roperty Classification.

The pre-zoning designation as approved shall be shown on the Zoning Map with a “UA” prefix attached to the designation to indicate upon annexation, for example “SN-4 (UA).” Once the annexation is completed, the UA additive shall be removed.

G. An nexation Schedule and Time Limits.

Any pre-zoning classification may be subject to a specific timetable for annexation of all or part of the property to the city. The City reserves the right to review annually whether the pre-zoned property is being annexed to the city in conformity with the timetable, and the City Council may, and expressly reserves the right and power, to revoke the pre-zoned classification solely upon the ground that annexation has not taken place according to the timetable.

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6.07. n oncon ForM I nG
P
roV
ISIo
nS

6.07.01. Pu rpose
This Chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Title in a manner that does not conflict with the General Plan. To that end, this Chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.

6.07.02. A pplicability
This Chapter applies to structures, land, and uses that have become nonconforming by initial adoption of or amendments to this Code. It also applies to nonconformities that were legal nonconformities under previously applicable ordinances, even if the type or extent of nonconformity is different. Regulations on non-conforming signs and sign enforcement can be found in Chapter 3.05 (Signs).

6.07.03. de termination of non conformity Status
A. B urden of Proof.

The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, be solely upon the owner of such nonconformity.

B. Ap peal of Determination.

Any person, firm, or corporation aggrieved by a decision of the Director’s determination of nonconformity in interpreting, applying, or enforcing this Chapter, may file an appeal in compliance with Section 6.03.13 (Appeals).

6.07.04. non conformities, Generally
Any lawfully established use or structure that is in existence on the Effective Date of this ordinance or any subsequent amendment thereto but does not comply with the standards and requirements of this Code shall be considered nonconforming.

A. A nonconformity may result from any inconsistency with the requirements of this Code including, but not limited to, use, location, density, floor area, height, or setback.

B. A lawfully existing use that was authorized by a previously approved permit or approval (e.g., Conditional or Administrative Use Permit, Variance, etc.), but is not allowed by this Code in its current location, may continue to exist in compliance with the original permit approval and shall be deemed nonconforming.

C. A use lawfully existing without a permit that would require a permit under the current Code (e.g., a Conditional Use Permit was not required when the use was established, and the current Code now requires a Conditional Use Permit for that use) shall be allowed to operate to the extent that it previously operated (e.g., maintains the same site area boundaries, hours of operation, etc.) and shall be deemed nonconforming.

Any use that is nonconforming solely by reason of the absence of a Use Permit may be changed to a conforming use by obtaining the appropriate Use Permit pursuant to the requirements in Section 6.04.04 (Use Permits).

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D. Nonconforming uses, structures, and/or physical improvements which lawfully exist on the date the property is annexed to the city, and which do not conform to this Code and any other relevant City document, may continue to exist and, upon annexation, shall be deemed nonconforming and subject to the provisions of this Chapter.

E. E xceptions.

No existing use of land or existing structure shall be deemed nonconforming solely because it was previously used and/or developed without site improvements required by this Code, including but not limited to parking, paving, screening, landscaping, lighting, drainage, etc. Said use or structure shall retain conforming status for as long as the use or structure remains unmodified. If the use or structure is also nonconforming because a Use Permit is required, then the provisions of Subsection D above shall apply

6.07.05. P rojects un der co nstruction
A nonconforming structure that began construction under an active building permit prior to a change in regulations in this Code, which would make the structure nonconforming once completed, may be completed per approved building permit and plans and shall be deemed a previously conforming structure.

6.07.06. ri ght to co ntinue
Any use or structure that was lawfully established prior to the effective date of this Code or of any subsequent amendments to its text or to the Zoning Map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure or use therein; or no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Chapter.

A. Nonconforming uses must comply with applicable City, County, State, and Federal laws regarding their operations, including compliance with all performance standards set for this code (see Chapter 3.04 (Performance Standards)).

B. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.

C. The right to continue a nonconforming use or structure shall not apply to uses or structures determined by the Planning Commission or City Council as described in this Chapter to be a public nuisance arising from conditions that constitute a threat to public health, safety, or general welfare.

D. The right to continue a nonconforming use or re-occupy a nonconforming structure shall terminate if the nonconforming use has been abandoned or the nonconforming structure has been vacated for the relevant period described in Section 6.07.13 (Abandonment and Loss of Legal Nonconforming Status).

6.07.07. P hasing of co mpliance.

Partial conversions of properties or structures to bring them into better compliance with this Code are permitted and encouraged. This applies to nonconforming outdoor activities such as product storage or parking. When a portion of a property, structure, or use is converted to bring it into conformance in phases, the owner does not waive the right to maintain previously allowed uses of other parts of the building or property under the conditions established in this Chapter.

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6.07.08. ow nership of Multiple Parcels
For the purposes of this Chapter, multiple contiguous parcels under the same or substantially the same ownership or control, shall be treated as if they were a single parcel or property, for enforcement of nonconforming use or building, including outdoor activities such as storage of product or parking. Ownership for the purposes of this Chapter is defined as the same or similar business ownership structure.

6.07.09. M aintenance and rep airs
Incidental repairs, normal maintenance, and interior alterations of nonconforming structures shall be permitted if the changes and improvements do not increase the extent of the nonconformity, enlarge the structure, change the building footprint, or increase building height or roof pitch, and are not otherwise expressly prohibited by this Code. This excludes any improvements required to meet accessibility requirements. Nothing in this Chapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.

6.07.10. ch ange of u se
A nonconforming use may only be changed to a use allowed in the zone in which it is located. A nonconforming use shall not be changed to another nonconforming use. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.

6.07.11. A dditions and Expansions to
non
conforming Structures
Additions or expansions of a nonconforming structure or use are permitted subject to the approval of the Director through Zoning Clearance/building permit process, as provided below. The addition or enlargement shall not increase the extent of the nonconformity and shall comply with all applicable laws and requirements of this Code.

Alterations or expansions of any nonconforming use that bring the land use or structure into partial or full compliance shall be permitted if the proposed improvements comply with the design and development standards of this Code, and the requirements of this Chapter. Such improvements will not be subject to the one-time expansion limitation.

A nonconforming structure shall not be moved in whole or in part to any other location unless the move results in the entire structure being brought into compliance with all applicable zone regulations and development standards of this Code.

A. O ne-Time Expansion of Nonconforming Structures.

A one-time expansion of up to 10 percent of the existing square footage is permitted, provided the following:

1. T
he expansion does not add residential units;

2. T
he expansion does not increase the number of stories; and

3. T
he expansion does not reduce the number of existing on-site parking spaces or access to the building.

B. N onconforming Setbacks, Residential Zones.

In Residential zones, a nonconforming setback may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:

1. A
new encroachment into any other required setback is not created;

2. T
he height of the portion of the structure that is within the required setback is not increased; and

3. A
ny residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.

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6.07.12. re pair and re placement of da maged or
des
troyed
no
nconforming Structures
A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster that was not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with them, may be restored or rebuilt subject to the following provisions.

A. R estoration When Damage is 50 Percent or Less of Value.

If the cost of repair or reconstruction is less than or equal to 50 percent of the appraised value of the structure, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The determination of the appraised value shall be made by a professional appraiser selected by the City, whose fee shall be paid by the building or property owner.

B. R estoration When Damage Exceeds 50 Percent of Value.

If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the structure, as determined pursuant to Subsection A above, the land and building shall be subject to the requirements of this Code, except as provided below.

1. No
n-Residential Structures.

Any nonconforming use must permanently cease. The Director or Planning Commission may approve the structure, per the Planning Review process, to be rebuilt to the same size, extent, and configuration as previously existed provided that the use of the structure is permitted or conditionally permitted in the zone. In such cases, any expansion or change to the previous use must conform to the requirements of this Chapter.

2. R
esidential Structures.

Any nonconforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and provided there is no increase in any other nonconformity. The nonconforming use, if any, may be resumed subject to a Zoning Clearance in the case of single-unit dwellings or Director/Planning Commission approval, per the Planning Review process, in the case of other residential uses, unless the review authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood.

C. T iming.

Building permits must be obtained within two years of the date of the damage or destruction, and construction shall be completed within one year of issuance unless another time period is specified by the Director. Building permits must be maintained valid through the completion of the project.

6.07.13. Ab andonment and Loss of Legal
non
conforming Status
Except for residential uses, if a nonconforming use ceases to operate for any reason for a period of more than one year, the use shall be considered abandoned. Once abandoned, the legal nonconforming status shall be lost, and the use shall not be resumed, reestablished, reopened, or replaced by any other nonconforming use, except as provided in this Chapter. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned.

A. A bandonment.

The time period set forth above shall commence when the use ceases to operate, whether with the intent to abandon the use or not, and any one of the following occurs:

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1. T he site is vacated;

2. T
he business license expires or is revoked;

3. U
tilities are terminated; or

4. T
he applicable lease is terminated.

B. N otification and Abatement
The Director determines when land, structures, uses or outdoor activities have been abandoned and have lost their nonconforming status. The Director’s determination is subject to appeal to the Planning Commission pursuant to Section 6.03.13 (Appeals) of this Code. The property owner(s) and lessee shall be notified in writing of the determination and abatement requirements within 10 days.

Any abandoned nonconforming use or structure shall be abated, including clearing of the land and any associated equipment or materials, within six months of notification by the Director and/or Planning Commission. All future use of such land shall conform to the applicable zone and use provisions of this Code.

C. E xtension of Abandonment Period.

The Director may approve an additional one-year time period during which the use will not be considered abandoned, provided that the Director finds that economic conditions warrant the additional time. If such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed two years from the date the use ceased to operate.

6.07.14. non conforming Site con ditions and
Improvements
A. N onconforming Parking.

No existing use of land or existing structure, where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of parking or loading facilities prescribed in Chapter 3.03 (Parking and Loading). Uses that have off-street parking or loading that do not meet the requirements of this Code may continue in operation and retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed in Subsections 1 and 2, below.

1. E
xpansion of Multi-Family Residential and Non-Residential Structures.

For additions or expansions of existing structures or buildings that would increase the number of parking spaces required, the additional parking shall be required only for the addition or expansion or new dwelling units, and not for the preexisting structure or building or preexisting dwelling units. However, the Review Authority may grant a waiver of the parking requirement for the addition, enlargement, or new dwelling units if it is determined that sufficient parking is available on or near the site, and the project is consistent with the General Plan, otherwise consistent with the Code, and the waiver would not create a negative impact for neighboring properties.

2. E
xpansion of Single-Family Residential Structures.

Existing

nonconforming

single-family dwellings whose off-street parking facilities do not conform to the provisions of this Code

may be
expanded or added to a maximum of 20 percent of the existing structure without meeting current requirements for off-street parking. If the expansion or addition exceeds 20 percent of the existing structure, additional parking shall be required only for the addition or expansion.

3. C
hange in Use.

For any change of use or manner of operation that would increase the number of parking spaces required per Chapter 3.03 (Parking and Loading), no additional parking shall be required unless the change in use requires 15 percent or more parking spaces than currently exist. The number of parking spaces required for the change of use shall be the difference between the number required by Chapter 3.03 (Parking and Loading) and 115 percent of the number of spaces that currently exist.

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4. C hanges to Parking Area.

Any changes to a parking area layout, loading area, circulation aisles, access, lighting, or landscaping may only occur when the change reduces or corrects an existing substandard condition; changes shall be subject to applicable permitting of this Code.

5. M
ajor Renovations.

If an application is filed for a building permit(s) for the renovation or remodeling of a structure(s) that has one or more nonconforming site features, and the value of the proposed improvements totals 75 percent or more of the current total appraised value of the existing property, the applicant shall be required to address the nonconforming site features, including parking and loading in compliance with Chapter 3.03 (Parking and Loading).

B. N onconforming Driveways.

Nonconforming residential and non-residential driveways may continue to be maintained and repaired until such a time that the driveway is reconstructed, fully or partially realigned, modified dimensionally, connected to a new structure, or a change is made to any structure on the parcel that would require that the structure be brought into compliance with current Code standards.

C. N onconforming Landscaping and Screening.

No existing use of land or existing structure, where landscaping or screening for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of landscaping and screening required by this Code. Uses that have nonconforming landscaping and screening shall retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed through Subsections 1 and 2 below.

1. E
xpansion of Structure.

For additions or expansions of existing structures that would increase the amount or type of landscaping or screening required, the additional landscaping or screening shall be required only for such addition or enlargement and not for the preexisting structure.

2. C
hange in Use.

For any change of use or manner of operation that would increase the amount or type of landscaping or screening required, such additional landscaping and/or screening shall be provided.

3. M
ajor Renovations.

If an application is filed for a building permit(s) for the renovation or remodeling of a structure(s) that has one or more nonconforming site features, and the value of the proposed improvements totals 75 percent or more of the current total appraised value of the existing property, the applicant shall be required to address the nonconforming site features, including landscaping and screening in compliance with Chapter 3.03 (Parking and Loading).

D. A ddition of Outdoor Storage Area Only.

When only outdoor operations/storage/display areas are being added or increased on a site, the percentage increase in outdoor operations area shall require 100 percent compliance with the screening and outdoor storage standards of this Code.

E. E xceptions.

Sites that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions or where full compliance would negatively impact adjacent properties shall comply, to the maximum practical extent, as determined by the Director.

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6.07.15. E limination and Abatement of
no
nconforming
us
es and Structures
A. E limination of Nonconforming Uses and Structures.

1. N onconforming Uses Not Occupying a Structure or Occupying a Structure with Valuation Less Than $2,500.

The following nonconforming uses shall be discontinued and removed from their sites within three years from the effective date of this Code:
a. A
nonconforming use which does not occupy a structure; or b. A
nonconforming use occupying a structure having an appraised valuation of less than 2,500 dollars.

2. O
ther Nonconforming Uses.

The City Council may require other nonconforming uses to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Subsection C.2 (Procedures) of this Section.

3. E
limination of Nonconforming Structures.

Nonconforming structures may continue except that the City Council may establish amortization periods for specific structures pursuant to Subsection C.2 (Procedures) of this Section.

B. T ime for Elimination When Use or Structure Becomes Nonconforming.

Whenever a use or structure becomes nonconforming, the period of time prescribed in this Section for the elimination of the use or the removal of the structure is computed from the effective date of the change that results in the nonconforming status of the use or structure.

C. R evocation of Nonconforming Use or Structure.

The City Council may revoke or modify the nonconforming status of the use or structure upon finding that the nonconforming use or structure has been or will be materially detrimental or injurious to the neighborhood or public health and welfare, as shown by substantive evidence, as follows:

1. P
ublic Noticing.

Notice shall be mailed to the recorded owner and lessee of the property not less than 20 days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by said owner at the time and place specified for the hearing, to show cause why the nonconforming status should not be revoked.

2. P
rocedures.

Where a nonconforming uses or structure is recommended to be discontinued and removed from the site, such period shall be established as follows.
a.

T
he Director shall submit the nonconforming use or structure and a recommended amortization period, based on the criteria set forth in this Subsection to the Planning Commission for review. b. T
he Planning Commission shall hold a public hearing, noticed pursuant to Chapter 6.03 (Common Procedures), to consider the revocation and recommended amortization period. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amortization period to the City Council.
c.

A
fter receiving the recommendation from the Planning Commission, the City Council shall hold a public hearing, noticed pursuant to Chapter 6.03 (Common Procedures), to consider the revocation and recommended amortization period.
d. T
he City Council may establish a maximum time for which the nonconforming use shall be permitted to continue after considering the following in relation to the use or structure. However, the time period established by the City Council shall be no less than two years in length.

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i. T he amount of investment or original cost of the use or structure; ii. T
he present actual or depreciated value of the use or structure; iii. T
he remaining useful life of the use or structure;
iv. T
he remaining term of the lease;
v. T
he date or dates of construction;
vi. A
mortization of the business or structure for tax purposes; vii. T
he salvage value;
viii. T
he threat to the public health, safety, and welfare posed by the continuance of the nonconforming use; and
ix.

O
ther factors as appropriate.

3. No
tice of Decision.

Within 30 days after the public hearing, the Council may by resolution revoke or modify the

nonconforming

status of the use or structure. The property owner(s) and lessee shall be notified in writing of the decision within 10 days of the meeting. The notice shall include reasonable abatement and conformance requirement dates.

6.07.16. Ab atement
Any nonconforming use or structure that has been abandoned or revoked shall be abated, including clearing of the land and any associated equipment or materials, within the time period established by the Director or City Council. All future use of such land shall conform to the applicable zone and use provisions of this Code.

The provisions of this Chapter are in addition to existing State law authority to declare and abate a public nuisance pursuant to California law and other applicable provisions of the Indio Municipal Code. If a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City pursuant to the Chapter 95A: Nuisances of the Indio Municipal Code.

6.07.17. de velopment on Substandard Lots
A. Any lot or parcel of land that was legally created through a recorded deed may be used as a building site, even when consisting of less area, width, or depth than required by the regulations for the zone in which it is located, except as provided below.

1. T
wo or More Adjoining Vacant Sites.

Two or more adjoining vacant sites with continuous frontage, each having an area, width or depth less than the minimum prescribed for the zone in which the sites are located, in the same ownership as of the date of adoption of this Section or subsequent thereto, is subject to all regulations for the zone in which the sites are located, including minimum area, width and depth requirements, as if the sites constituted a single parcel of real property.

B. No substandard lot shall be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

C. A substandard lot shall be subject to the same yard and density requirements as a standard lot, provided that in no instance shall these provisions prevent the erection of a single-family dwelling on any substandard lot.

D. An existing legal lot comprising a minimum size of 5,000 square feet or greater and a minimum width of 50 feet or greater shall not be considered substandard for the purposes of this Section.

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6.08. EnFor cE MEn t An d
ABAtE
MEn
t
See Chapter 10: General Provisions and Chapter 95A: Nuisances of the Indio Municipal Code for the procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Code and departments and officials responsible for enforcement.

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7.01. d EFI nItIonS o F tErM S An d
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7.01.01. Pu rpose
This Chapter provides definitions of terms, phrases, and land use types used in this Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Code, these definitions shall control for the purposes of this Code. If a word is not defined in this Chapter, or in other provisions of the Code, the Director shall determine the correct definition.

7.01.02. t erms
A. “ A” Terms
Abut or Abutting. Adjoining or bordering. See also “Lot, Abutting.” Access. The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this Code.

Accessory Building. See “Building, Accessory.”
Accessory Dwelling Unit. An additional detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family unit is located. The term “ADU” also includes an “Efficiency Unit” as defined in Health and Safety Code Section 17958.1 and a “Manufactured Home” as defined in Health and Safety Code Section 18007. Accessory structures are not considered accessory dwelling units.

Accessory Structure. See “Structure, Accessory.”
Accessory Use. See “Use, Accessory”.

Addition. Any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

Addition or Renovation, Major. A major addition, renovation, or alteration of a structure is one in which:
•
T
he total gross floor area of the proposed addition or renovation area is 30% or more of the total gross floor area of the existing structure before the addition or renovation; •
T
he value of such addition or alteration is 25% or more of the assessed value of the existing structure(s) as listed on the latest tax rolls before such addition or alteration; and/or •
T
he renovation involves removing or altering more than 50% of the exterior walls/facade of the structure(s).

Addition or Renovation, Minor. Any addition, renovation, or alteration of a structure that does not meet the definition of a Major Addition or Renovation (see “Addition or Renovation, Major).

Adjacent. Directly abutting, having a common boundary or property line, or contiguous to.

Adjoining. Having a common boundary. See also “Abutting.”

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Adult-Oriented Business. An establishment of concern that, as a regular and substantial course of conduct, offers, sells or distributes adult-oriented merchandise, or that offers to its patrons materials, products, merchandise, services, entertainment or performances that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specified sexual activities or specified anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologist, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certificates under applicable State law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate. Adult-oriented businesses include adult arcades, adult bookstores, adult novelty shops, adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, sexual encounter establishment, escort agencies, and nude model studios, among others, as further defined in Chapter 120 (Sexually Oriented Businesses) of the Indio Municipal Code.

Adult-Oriented Business, Owner, Permit Holder, or Permittee. Any of the following: (1) the sole proprietor of an adult-oriented business; or (2) any general partner of a partnership which owns and operates an adult-oriented business; or (3) the owner of a controlling interest in a corporation which owns and operates an adult-oriented business; or (4) the person designated by the officers of a corporation to be the permit holder for an adult- oriented business owned and operated by the corporation.

Agricultural Support/Sales/Service/Storage. The use of a site for supporting agricultural purposes including, but not limited to on-site sale of feed, grain, fertilizers, pesticides and similar goods; storage of materials, equipment, and products used in the operation of an agricultural industry or business; and the provision of agricultural services with incidental storage of goods off-site; or hay, feed, and grain stores and tree service firms.

Air Contaminant. Particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals, or property.

Airport/Heliport. A facility for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal building and parking, air freight terminal, baggage handling facility, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage.

Also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.

Alcohol Sales, Off-Sale. Any establishment that is making an application for or has obtained a retail liquor license from the California Department of Alcoholic Beverage Control authorizing the sale of alcoholic beverages for consumption off the premises in original, sealed containers.

Alley. An access roadway or drive that provides service or secondary vehicular access to the rear or side of properties abutting a street.

Alteration. Any change, addition, or modification that changes the arrangement of rooms or the supporting members of a building or structure, the relative position of buildings or structures on a site, or the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs. Any work on a structure that does not result in any addition to the structure.

Ambient Noise Level. General noise level one finds in a certain area at a given time.

Amendment. A change in the wording, context, or substance of this Code, or, an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulation not theretofore imposed, or removes or modifies any such regulation theretofore imposed.

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Animal Husbandry and Production. The raising and breeding of animals for commercial purposes or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately. Also see “Kennels, Commercial,” which provides for the boarding of animals.

Animal Raising and Keeping. The raising, care, and maintenance of animals on private property for non- commercial purposes including the following:

Animal Raising and Keeping, Domestic Pets. “Domestic pets” means small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry). Also see “Kennels, Commercial,” which provides for the boarding of animals
Animal Raising and Keeping, Exotic. “Exotic animals” means wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including miniature pigs, snakes, reptiles, and large tropical birds (including peacocks). This classification is distinct from Animal Husbandry and Production, animal sales and services, and stables (commercial or hobby).

Animal Raising and Keeping, Horses. For the purposes of this Code, “Horse” means equine - horses, ponies, donkeys or mules. This classification is distinct from Animal Husbandry and Production, animal sales and services, and stables (commercial or hobby).

Animal Raising and Keeping, Large Livestock. “Livestock animals” means domesticated animals that may be kept or raised in pens, barns, houses, and pastures, whether for commercial or private use. Large livestock includes, but is not limited to, cattle, sheep, swine, goats, alpaca, and other similarly sized animals, but excludes horses (see Animal Raising and Keeping, Horses), small livestock, poultry, and bees (See Animal Raising and Keeping, Horses and Animal Raising and Keeping, Small Livestock, Poultry, and Beekeeping).

This classification is distinct from Animal Husbandry and Production, animal sales and services, and stables (commercial or hobby).

Animal Raising and Keeping, Small Livestock, Poultry, and Beekeeping. “Small Livestock” means miniature, pygmy, or dwarf goats, rabbits, and other similarly sized animals. “Poultry” means domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens. “Beekeeping” means the keeping, maintaining, or allowing of any hive of any size on any parcel in the city. This classification is distinct from Animal Husbandry and Production, animal sales and services, and stables (commercial or hobby).

Animal Sales and Services. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location and excludes pet supply stores that do not sell animals or provide on-site animal services.

Antenna. See “Telecommunications Terms.”
Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.

Aquaculture. The cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions.

Aquaculture includes aquaponics which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants.

Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.

Architectural Projection. A building feature that is mounted on, and/or extends from the surface of the building wall or facade, typically above ground level. Examples of architectural projections include balconies, bay windows, eaves, cornices, porches, chimneys, awnings, canopies, or similar projections from a building. Such projections may extend into required yards only as allowed by Section 3.01.03(C) of this Code.

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Arterial Roadway. A street classified as an Arterial in the Transportation Element of the General Plan.

Articulation. Changes in the depth of the surface of a building face or facade such as attached columns, recessed windows or window bays, horizontal banding, or decorative cornices. Articulation provides three-dimensional detailing and gives texture to the building surface.

Artisan Manufacturing/Makers Space. Any establishment primarily engaged in on-site production or fabrication of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment, and which may include incidental instruction or direct sales for consumers. Typical uses include ceramic studios, fabric and needleworking, leather working, metalworking, glass working, candle-making shops, woodworking, and custom jewelry manufacturers.

Attached Building or Structure. See “Building, Attached” and “Structure, Attached.” Auto and Vehicle Rental. An establishment providing for the rental of automobiles, light/noncommercial trucks and vans, motorcycles, and motor homes. Typical uses include car rental agencies.

Auto and Vehicle Sales, New. Sale or lease, retail or wholesale, of new automobiles, light/noncommercial trucks and vans, motorcycles, and motor homes, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include new automobile dealers and recreational vehicle sales agencies.

Auto and Vehicle Sales, Used. The retail sale of previously owned or used automobiles, light/noncommercial trucks and vans, motorcycles, and motor homes, not directly from the manufacturer.

Auto and Vehicle Sales and Rental, Large Vehicles and Equipment. The use of a site for sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities (e.g., cranes, earth moving equipment, tractors, combines).

Includes large vehicle operation training facilities.

Auto and Vehicle Services and Repair – Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, generally on an overnight basis that may include disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. This classification excludes vehicle dismantling or salvaging and tire retreading or recapping.

Auto and Vehicle Services and Repair – Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and smog checks, tire sales and installation, auto radio/ electronics installation, auto air conditioning/heater service, and quick-service oil, tune-up and brake and muffler shops where repairs are made, or service provided in enclosed bays and no vehicles are stored overnight. It excludes repair of heavy trucks and construction vehicles.

Auto and Vehicle Towing/Impounding. An establishment primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking).

Auto and Vehicle Washing and Detailing. Any business, indoor or outdoor, providing machinery or staffing for the cleaning, washing, or detailing of automobiles and similar light vehicles as a primary use. Washing and detailing are permitted as an accessory use in conjunction with a primary automotive services repair use. This includes self-service auto washing facilities that include all appropriate utility connections and drainage.

Auto and Vehicle Wrecking/Dismantling. The dismantling or wrecking of used motor vehicles or trailers, or the storage and sale of dismantled or damaged vehicles or their parts, but not including the incidental storage of damaged vehicles in connection with the operation of a repair garage.

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Automatic Teller Machine (ATM) (Accessory Use). A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions, including deposits, fund transfers, and withdrawals, without contact with financial institution personnel. ATMs may be located as a freestanding machine or a machine installed in an exterior wall that functions as an ATM as an accessory use to the primary building use(s), or as a space located inside a building dedicated to the functions of an ATM as an accessory use to the primary building use(s). ATMs accessed by drive-through space shall be regulated as a drive-through service; see “Drive-Through Service, Non- Restaurant”. (Accessory use)
Awning. An architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.

B. “ B” Terms
Backyard Breeding. The breeding of dogs or cats on a residential zoned property where any offspring is sold or exchanged for something of value.

Bail Bonds. A facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.

Balcony. A horizontal platform extending from the exterior wall of a building, accessible from the building’s interior, and not directly accessible from the ground. A balcony may be roofed or unroofed and is typically enclosed by a railing or parapet When a balcony is roofed and fully enclosed with operating windows or doors, it is considered part of the room it serves.

Bank/Financial/Savings and Loan Institution. A financial institution providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including banks, savings and loan institutions, and credit unions, but excluding check cashing businesses.

Bar/Nightclub/Lounge. An establishment where alcoholic beverages are offered for on-site consumption as its principal function in accordance with applicable California Department of Alcoholic Beverage Control regulations, where food service, if any, is incidental and subordinate to the sale of alcohol. May feature entertainment which includes, but is not limited to, music, dancing, comedy and karaoke with the issuance of an entertainment permit.

Persons under the age of 21 are not admitted. Uses include but are not limited to a tavern, bar, cocktail lounge, or nightclub. Excludes a restaurant, cafe, or coffee shop which may include alcohol sales for on-site consumption as incidental to the primary use. Also excludes brewpubs, taprooms, wine bars, breweries, and wineries.

Basement/Subterranean Story. The portion of building between floor and ceiling which is partly or wholly underground. See Chapter 3.01 (Rules of Measurement) for measurement of stories including subterranean levels.

Bay Window. Any window projection from the wall of a building and forming a bay or alcove, that is raised at least 12 inches above the finished floor of the story where it is located.

Bed and Breakfast. A residential structure that is occupied by a resident as his/her primary residence with one or more bedrooms rented for periods of 30 consecutive days or less and meals may be provided.

Bedroom. Any room having the potential of being a bedroom and meeting the standards of the Building Code as a sleeping room.

Beehive. A structure for housing honey bees.

Bee Colony. The hive and its equipment and appurtenances including honey bees, comb, honey, pollen and brood.

Block. All property fronting on one side of a street between an intersection and intercepting streets or between a street and a waterway, dead-end street, major easement or right-of-way, or unsubdivided land. An intercepting street shall only determine the boundary of a block on the side of the street which it intercepts.

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Brewery/Distillery/Winery. An establishment engaged in the production, processing, packaging or manufacturing of alcoholic beverage products primarily for off-site consumption, where retail sales are clearly incidental. This use is regulated based on size and the presence of retail sales/tasting rooms where alcoholic beverages are sold and consumed on site.

Brewpub/Taproom/Wine Bar/Microdistillery. A drinking establishment that also serves food, and where small amounts of beer or malt beverages, wine, and other alcoholic beverages are manufactured, brewed or distilled, or stored on site for retail purchase.

Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials.

Building, Accessory. A detached, subordinate building used only as incidental to the principal building on the same lot.

Building, Attached. A building which has a common wall with another building or structure.

Building, Detached. A building which does not have a common wall with another building or structure.

Building, Main or Principal. A building or buildings within which is conducted the principal use permitted on the lot, as provided by this Code. See also “Structure, Main or Principal.” Building Code. Any ordinance or regulations of the City governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code and other State-adopted uniform codes.

Building Elevation. A view of a building seen from one side; a flat representation of one facade.

Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building.

Building Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. Subsection 3.02.06.D (Determining Lot Coverage).

Building Frontage. See “Frontage, Building.”
Building Height. See “Height.”
Building Massing. The overall shape or arrangement of the bulk or volume of buildings and structures.

Building Materials Sales and Services. Retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet in floor area or plant nurseries.

Building Modulation. A stepping back or projecting forward of sections of the facade of a structure from the base plane of the building wall within specified intervals of structure width and depth, as a means of breaking up the apparent bulk and mass of the exterior of the structure (e.g., massing breaks, stepbacks, etc.) Building, Nonconforming. See “Nonconforming Structure.” Building Site. See “Development Site.”
Business. Management, operation, sale, purchase, or other transaction involving the handling or disposition of commodities or services.

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Business Support Services. An establishment providing non-retail-related services to other businesses on a fee or contract basis. Examples of these uses include, but are not limited to business equipment repair services; computer-related services (rental, repair); blueprint printing, binding, engraving, photocopying, or related services; janitorial/custodial and window-cleaning services; job printing; locksmith services; office security; mailbox services; electronics/small machinery maintenance and repair; equipment rental businesses within buildings; film processing and photofinishing; heavy equipment repair services where repair occurs on the client site; and taxi or delivery services with two or fewer fleet vehicles on-site. Excludes auto and vehicle repair services.

C. “ C” Terms
Camper. As defined in the California Vehicle Code.

Campground. An open-air facility, where recreational vehicle or camping spaces are rented, or held out for rent, for overnight stay in tents, trailers, or recreational vehicles for 30 consecutive days or less.

Cannabis Terms.

Cannabis Cultivation, Commercial. A building or portion of a building used for a business involving the wholly indoor commercial cultivation of cannabis plants within California in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (the “MAUCRSA”, Business and Professions Code Section 26000, et. seq).

Cannabis Cultivation, Personal. The indoor personal cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclosed and secure structure, to the extent such cultivation is authorized by Cal. Health and Safety Code, Sections 11362.1 and 11362.2, as the same may be amended from time to time. Outdoor personal cultivation is prohibited (see Chapter 4.06 (Cannabis Activity)).

Cannabis Logistics/Distribution/Transportation Facility. A building, or portion thereof, used for a business involving the procurement, sale, and transport of cannabis and cannabis products within California in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (the “MAUCRSA,” Business and Professions Code Section 26000, et seq.).

Cannabis Manufacturing. A building, or portion thereof, used for a business involving the manufacture for off-site sale of cannabis products within California in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (the “MAUCRSA”, Business and Professions Code Section 26000, et. seq).

Cannabis Retailer/Microbusiness/Dispensary. Any facility or location, whether fixed or mobile, where cannabis is cultivated, provided, sold, made available, or otherwise distributed, as defined in Division 10 of the Business and Professions Code and Chapter 6, Article 2 and 2.5 of the Health and Safety Code.

Cannabis Testing Laboratory. A building, or portion thereof, used for a business involving the materials testing, investigation, scientific research, or experimentation of medicinal or non-medicinal cannabis or cannabis products within California in compliance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (the “MAUCRSA”, Business and Professions Code Section 26000, et. seq).

Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.

Fully Enclosed and Secure Structure. A space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

Indoor. Within a fully enclosed and secure structure.

Outdoor. Any location that is not within a fully enclosed and secure structure.

Private Residence. A house, an apartment unit, a condominium unit, a mobile home ,or other similar dwelling that is lawfully used as a residence.

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Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

Carport. A roofed structure or covered space enclosed on not more than two sides, primarily for the parking or storage of motor vehicles.

Caretaker’s Unit. A permanent residence that is secondary or accessory to the primary use of the property and used for housing a caretaker on the site of a nonresidential use where needed for security purposes or to provide 24-hour oversight or operations, equipment, or other resources on the site, including, but not limited to the care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Cemeteries/Crematories/Mausoleums. Land and/or structure(s) that are dedicated for cemetery purposes or for the burial of the dead, including columbariums, crematoriums, and mausoleums. Excludes funeral homes and mortuaries (see “Funeral Home/Mortuary”).

California Environmental Quality Act (CEQA). Public Resources Code Section 21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations Section 15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

Certificate of Occupancy. A required document issued by the Building Official prior to the occupation or use of land or prior to occupation or use of buildings erected or structurally altered.

Check-Cashing Business. An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33.

Check Cashing Businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money orders incidental to their main purpose or business.

Child Day Care in a Home. A day care facility licensed by the State of California, located in a residential unit where resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day. A Small Child Day Care in a Home is a facility that provides care for six or fewer children, including children who reside at the home and are under the age of 10. A Large Child Day Care in a Home is a facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10.

Cinema/Theater/Performing Arts Center. Any indoor facility for performing arts or display of films and motion pictures on single or multiple screens/stages. This classification may include incidental food and beverage service to patrons as well as auditoriums within buildings.

City. The City of Indio.

City Council. The City Council of the City of Indio.

Civic/Government. An administrative, clerical, or public contact office of a government agency, including postal facilities and courts, along with secondary storage and maintenance. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment (see Public Utilities).

Club. An association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

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Cluster Development. An arrangement of dwelling units, attached or detached, constructed on smaller lots in return for the restriction or dedication of the remaining acreage as permanent common open space for use by the residents. See also “Cottage Cluster or Cottage Court.” College/University. A public or private institution of higher education providing curricula of a general or professional nature and granting degrees. This classification excludes Vocational/Trade schools.

Commercial. An enterprise or activity operated or carried on primarily for financial gain.

Commercial Recreation and Sports, Indoor. An establishment providing predominantly participant sports, indoor amusement and entertainment services conducted within an enclosed building, including coin-operated electronic amusement centers. Typical uses include bowling alleys, billiard parlors, card rooms, health clubs, ice- and roller-skating rinks, indoor racquetball courts, athletic clubs, and physical fitness centers.

Commercial Recreation and Sports, Outdoor. Predominantly spectator sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, miniature golf courses, tennis clubs, outdoor batting cages, swimming pools, and archery ranges.

Commercial Vehicle. See “Vehicle, Commercial.”
Commission or Planning Commission. The City of Indio Planning Commission.

Common Open Space. See “Open Space, Common.”
Communications, Facilities within Buildings. Facilities for the provision of broadcasting and other information- relay services using electronic and telephonic mechanisms. Includes radio, television or recording studios, and telephone switching centers.

Communications, Telecommunications/Large Commercial Antennas. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Uses include large commercial antennas and facilities, radio towers, television towers, telephone exchange/microwave relay towers, and associated equipment cabinets and enclosures. See also “Telecommunications Terms.” Communications, Telecommunications/Small Wireless Facilities. See “Telecommunication Terms.” Community Assembly. A facility for public or private meetings, including community centers, places of worship, union halls, meeting halls, country clubs, club houses, banquet centers, and other membership organizations.

Included in this classification is the use of functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms, and storage.

Community Development Director. See “Director.”
Collector Roadway. A roadway classified as a Collector in the Transportation Element of the General Plan.

Community Garden. The cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.

Conditional Use. A use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes, type of equipment, or because of the exact location with reference to surroundings, streets, existing improvements or demands upon public facilities.

Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for City approval.

Conditionally Permitted. Permitted subject to approval of a Use Permit.

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Condominium. A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in his unit and an interest as granted in common, in common area.

Construction and Materials Yard. Storage of construction materials or equipment on a site other than a construction site. Examples of these uses include but are not limited to contractor’s storage yards, and facilities used for the storage and wholesale trade of building materials.

Convenience Market. A neighborhood-serving retail store of 5,000 square feet or less in gross floor area that carries a range of merchandise oriented to daily convenience shopping needs, which may include alcoholic beverage sales as allowed by this Code. Excludes convenience markets with drive-through service.

Corral. A pen or enclosure for confining horses or other large animals.

Cottage Cluster or Cottage Court. A group of small, detached single-family residential dwelling units on a single lot, arranged around a shared open space or court.

Cottage Food Operation. A cottage food operation means an enterprise where an individual prepares or packages non-potentially hazardous foods in his or her private home for sale to consumers and as it is defined in California Health and Safety Code Section 113758. The definitions set forth in Health and Safety Code Section 113758 are hereby incorporated herein by reference, as they are now enacted or hereafter amended.

Cottage Industry. A more intensive form of home-based business, having more employees, more floor area used for the business, or other signs of greater use of a residential parcel for business purposes. A cottage industry, like a home occupation, remains clearly subordinate to the use of the parcel and dwelling for residential purpose but includes one or more of the following aspects: require regular visits by clients or customers; need frequent delivery or shipment of goods; conduct regular operations or store materials outside of the residence; have a tendency to create noise, odors, or glare; employ two or more individuals who reside off premises; or include on- site sales to the public.

County. The County of Riverside.

Court. An unoccupied space, other than a yard, on the same lot with a building or a group of buildings.

Courtyard apartments. A medium-density, multi-family housing typology consisting of apartment units surrounding a shared outdoor open space, garden, or courtyard. Dwelling units are typically accessed from the central courtyard.

Crop Production. The cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers. The classification excludes wholesale or retail nurseries (See Nurseries/Garden Centers).

Cultural Institution. A public or quasi-public cultural institution, examples of which include aquariums, arboretums, art galleries and exhibitions, botanical gardens, zoo, historic sites and exhibits, libraries, and museums. May also include accessory retail uses such as gift/book shops, restaurant, etc.

Curb Cut. An opening in or through any existing curb, usually to allow access to private property by use of a driveway.

D. “ D” Terms
Day Care Center. An establishment providing non-medical care for persons on a less than 24-hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.

Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.

Density. The number of dwelling units per acre of land. See Subsection 3.02.07 (Density).

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Detached Building. “See Building, Detached.”
Detached Structure. “See Structure, Detached.”
Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements.

Development Permit. Any permit issued by the city for the construction of real property improvements.

Development permits include grading permits, encroachment permits, use permits, tentative maps, planned development permits and building permits. Sign permits are excluded from this definition.

Development Site. The land area, consisting of one or more recorded lots when comprehensively designed and developed. Could be either under one ownership or for use as a condominium. The site may be either occupied or to be occupied by a main building(s)/primary use(s) and accessory building(s)/use(s) together.

Director. The Community Development Director of the City, or his or her designee.

Disabled Person. A person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.

District. See “Zone”.

Drive-Through Service, Non-Restaurant. Any business that sells products or provides services to occupants in vehicles, including drive-through or drive-up windows and drive-through services.

Drive-Through Service, Restaurant. See “Restaurant, Drive-Through”.

Driveway. A vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.

Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. Excludes garages, tents, cabins, boats, trailers, dormitories, labor camps, hotels, and motels.

Duplex. See “Two-Family Dwelling”.

E. “ E” Terms
Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the land.

Educational Institution. A private or public school, college or university qualified by the State Board of Education to give general academic instruction.

Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

Elevation, Building. See “Building Elevation.”
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

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Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.

Emergency Vehicle. A self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately-owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines and all essential services.

Entry feature. An entrance to a building, a structure, or an architectural building feature, which signals to a person how to travel from the primary street to the primary uses within a building. Examples include a door, gate, front porch, front stoop, front terrace, canopy, and/or arcade.

Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA). See also “CEQA.”
Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

Equine. Horse or other member of the horse family including mules and donkeys.

Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.

F. “ F” Terms
Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

Family. See “Household.”
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Fence. A free-standing structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground, and used for confinement, privacy, protection, screening or partition purposes.

Fenestration. The arrangement of windows and doors on the elevations of a building.

Firearms. Any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.

Floor Area, Gross. The sum of the gross horizontal area of all floors of a building or other enclosed structure, measured from the outside perimeter of exterior walls. See Subsection 3.01.06 (Floor Area and Lot Coverage) for rules for determining floor area.

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Floor Area Ratio (FAR). The ratio of the floor area of all primary and accessory buildings on a site, excluding unenclosed and unroofed areas as described in Subsection 3.01.06. (Floor Area and Lot Coverage), to the site area. See Subsection 3.01.06.B for rules for determining Floor Area Ratio.

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yway Barrier. A solid wall, fence, dense vegetation, or combination of these materials at least six feet high that extends at least 10 feet beyond the hives on each end of a bee colony.

Food or Beverage Manufacturing. An establishment engaged in the production, processing, packaging, or manufacturing of food or beverage products for off-site consumption and any instruction, direct sales, or on- site consumption are incidental to the food production activity. Examples include coffee roasters, meat or fish processing, and wholesale bakeries. This definition does not include slaughtering of animals or fowl.

Food Preparation, Commercial. A business preparing and/or packaging food primarily for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include caterers and commercial kitchens, commercial/wholesale bakeries (bakeries, cheese shops, butchers, etc. operating for on-site sales only (not engaging in distribution to other food sellers outside of the city) are considered a “restaurant”).

Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

Footprint. See “Building Footprint.”
Fortunetelling/Palm Reading/Card Reading. An establishment providing any type of fortune telling, palm or card reading, psychic services, future telling, spirit communication, and/or any other related type of trade, donation, or compensation, retail or otherwise.

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Freeway. A roadway classified as a Freeway in the Transportation Element of the General Plan.

Freight/Trucking Facility. Any property and improvements used for freight, courier, and postal services; freight transfer truck terminals; or for the operations of a “common carrier trucking company,” including the parking, servicing, repairing, storage of trucks, truck tractors, and/or truck trailers. This classification does not include local messenger and local delivery services (see “Light Fleet-Based Services”).

Front of Building. That part of the facade oriented towards and visually prominent to the principal street.

Front Yard. See “Yard, Front.”
Frontage. The front lot line; also the length thereof. See also “Frontage, Building” and “Frontage, Street.” Frontage, Building. The lineal dimension, parallel to the ground, of the facade of the building oriented towards or abutting on a street.

Frontage, Street. That portion of a lot or parcel of land that borders a public or private street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public or private street.

Fueling Station. An establishment primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services. This classification includes “mini-marts” and/or convenience stores that sell products, merchandise, or services that are ancillary to the primary use related to the operation of motor vehicles where such sale is by means other than vending machines.

Funeral Home/Mortuary. A place of business where deceased are prepared for burial or cremation, and funeral services may be conducted.

G. “ G” Terms
Garage, Private. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property.

Garage, Public. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the general public.

General Plan and Indio General Plan. The general plan of the City.

General Retail. The retail sale or rental of merchandise not specifically listed under another use classification.

This classification is regulated by size and includes retail establishments such as department stores, home improvement centers, clothing stores, furniture stores, pet supply stores (no on-site sale/keeping of animals), small hardware stores (with 10,000 square feet or less of floor area), and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, and bicycles. Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.

General Retail/Superstore. Any form of retail sales establishment with a retail floor area of greater than 25,000 square feet.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

Government Code. The Government Code of the State of California.

Grade. The location of the ground surface.

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Grade, Existing or Natural. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

Grade, Finished. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

Grazing. The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed.

Greenhouse, Private. A private food-producing greenhouse that is accessory to the primary use of the site.

Grocery Store. An establishment over 15,000 square feet, primarily engaged in the retail sale of all sorts of products including, but not limited to, dry goods, canned goods, fresh fruits and vegetables, dairy products, fresh and prepared meats, fish and poultry.

Gross Lot Area. The total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. See Section 3.01.06 (Floor Area and Lot Coverage).

Ground Floor. The first floor of a building other than a basement that is closest to finished grade.

Group Residential Home. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, employee housing, dormitories and other types of organizational housing, and private residential clubs, but excludes Hotels and Motels, and Residential Care Facilities.

H. “ H” Terms
Habitable Room. Any room for sleeping or living purposes excluding such enclosed places as closets, bath or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces.

Hazardous Materials/Wholesale Fuel Storage and Distribution. The storage of hazardous materials including but not limited to pressurized gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives. Includes any establishment engaged in sale of petroleum/fuel products, including storage, refinery, and recycling of biodiesel fuels that may be serviced by pipeline, rail or trucks. This land use does not include the storage of small quantities of explosives or hazardous materials, as customary in hardware, landscaping, or sporting goods stores, etc.

Heat. Thermal energy of a radioactive, conductive, or convective nature.

Heliport. See “Airport/Heliport”.

Height. The vertical distance from finished grade at all points adjacent to the building exterior to the highest point of the structure directly above. See Subsection 3.01.03 (Measuring Heights).

Highway. See “Street or Highway”.

Home Kitchen Industry. See “Cottage Food Operation”.

Home Occupation. Any activity of a non-residential nature carried on within a living unit or accessory structure, by an occupant of the living unit and which is clearly incidental and secondary to the residential use of the living unit. Home occupations typically include uses which involve infrequent or no visits by clients or customers, need infrequent delivery or shipment of goods, and utilize only a small area of the residence to conduct operations. A home occupation may include, but is not limited to, the handicraft manufacturing of products, the conduct of an art or profession, the offering of a service, or the conduct of a business.

Horticultural Production. A commercial facility for growing flowers, trees and ornamentals. This classification excludes wholesale or retail nurseries (See “Nursery/Garden Center”).

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Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons, primarily on an inpatient basis, and including supplementary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. The institutions are to be licensed by the state of California to provide surgical and medical services. May include on-site accessory clinics and laboratories, accessory retail uses, and on-site ambulance dispatch facilities.

Household. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household. Household does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, convents, nor does it include such commercial group living arrangements such as boardinghouses, lodging houses, and the like.

Household Pets. Animals that are customarily kept within a dwelling or a yard for the personal use or enjoyment of the residents. Household pets include domestic birds, cats, dogs, fish, rabbits, rodents, or snakes, but do not include horses, mules, goats, cows, hogs or other similar size animals, or roosters or peacocks.

I. “ I” Terms
Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

Impact fee. A fee as defined in the Mitigation Fee Act (California Government Code Section 66000(b)), except that it also includes fees specified in the Quimby Act (California Government Code Section 66477). “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

Improvement. Any man-made, immovable item affixed to the ground which adds to the value or enhances the value of land, e.g., streets, utilities, buildings.

Impervious Surface. Any surface through which water does not easily pass. Impervious surfaces include all structures such as pavements (roads, sidewalks, driveways, parking lots) and impenetrable surfaces including asphalt, concrete, brick, stone, etc.

Indoor Warehousing/Storage/Wholesaling/Distribution. Indoor storage and/or sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. This use includes cold storage, freight moving and storage, warehouses, and wholesalers. Wholesalers are primarily engaged in business-to-business sales but may sell to individual consumers through mail or Internet orders. They normally operate from a warehouse or office having little or no display of merchandise and are not designed to solicit walk- in traffic. This classification does not include wholesale sale of building materials (see Building Materials Sales and Services) or any use that involves cannabis.

Incidental Use. See “Use, Incidental”.

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Income Levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate-income limits established in Section 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the Riverside County median income levels by family size. These income limits are equivalent to the following:

Extremely Low Income Household. Under 30 percent of area median income, adjusted for household size appropriate for the unit.

Very Low Income Household. 30 to 50 percent of area median income, adjusted for household size appropriate for the unit.

Low Income Household. 50 to 80 percent of area median income, adjusted for household size appropriate for the unit.

Moderate Income Household. 80 to 120 percent of area median income, adjusted for household size appropriate for the unit.

Industry. The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

Institution. A social, educational, governmental, health, or religious organization.

Instructional Services. A facility that offers specialized programs in personal growth for students of any age group. Examples of these facilities include individual and group instruction and training in the arts; production rehearsal; photography; martial arts training studios; gymnastics instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists. Excludes Recreation-Indoor. Small-scale facilities are up to 5000 sf in size; large-scale facilities are over 5000 sf in size.

Intensity of Use. The extent to which a use or the use in combination with other uses affects the natural and built environment in which it is located; the demand for services; and persons who live, work, and visit the area.

Measures of intensity include, without limitation: requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.

Interior Side Yard. See “Yard, Interior Side.”
Intersection, Street. The area common to two or more intersecting streets.

J. “ J” Terms
Juliet Balcony. A very shallow balcony on an upper story window or French doors usually with a safety railing or balustrade connecting to the building facade.

Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Junk. Any worn out, castoff, or discarded article or material.

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K. “ K” Terms
Kennels/Boarding, Commercial. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining dogs, cats, or other household pets not owned by the kennel owner or operator.

Typical uses include pet clinics, pet day care, and animal shelters, but exclude pet shops and animal hospitals that provide 24-hour accommodation of animals receiving medical or grooming service.

Kennels, Private/Hobby. Any lot where four or more dogs, or cats, over the age of four months, are kept or maintained.

Kiosk/Outdoor Vending. A free-standing, walk-up facility for retail sales of merchandise or services; this use is generally operated as a kiosk or cart in conjunction with a shopping center or other retail establishment. For facilities with a drive-through access, see “Drive-Through Services” definition and operational standards.

Kitchen. Any room or area designed and/or used for the preparation of food, which includes any two of the following features:
•
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ooking or food heating equipment, including a hot plate, microwave, oven, or range; •
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frigerator or other device for cold storage;
•
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abinets, shelves, or other facilities for storage of food and/or utensils; or •
A s
ink and water supply.

L. “ L” Terms
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

Landscaping. The planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust free materials including an adequate irrigation system. See also Section 3.02.09 (Landscaping).

Large Commercial Antenna. See “Telecommunications Terms.” Laundromat. A business premises equipped with individual clothes washing and drying machines whether coin- operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house, hotel or motel. Excludes commercial laundry facilities.

Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses.

Line of Sight. A visual path emanating from average eye level judged to be five feet above the ground.

Liquor Sales. The sale of liquor for offsite consumption.

Live Entertainment as Accessory Use, Indoors. Music, comedy, dancing, acting, or other entertainment performed indoors for 6 or more days during a calendar year (any activity with amplified sound that can be heard outside the facility). This includes dancing by patrons to live or recorded music.

Live Entertainment as Accessory Use, Outdoors. Music, comedy, readings, dancing, acting, or other entertainment performed in an outdoor setting.

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Livestock. Domesticated animals raised to produce commodities such as food, fiber, and labor. See also “Animal Keeping and Raising.”
Livestock, Large. Horses, cattle, swine, donkeys, mules, llamas, ostriches, goats, sheep, alpaca, and other similarly sized animals.

Livestock, Small. Rabbits, chickens, miniature, dwarf or pygmy goats that are dehorned and neutered, and other similarly sized animals.

Live/Work. An integrated housing unit and working space, occupied and utilized by a single household structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and where the residential use is secondary and accessory to the primary use as a place of work.

Loading Space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of one or more vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.

Local/Neighborhood Street. A roadway classified as a Local/Neighborhood Street in the Transportation Element of the General Plan.

Lodging, Extended Stay. A building or group of buildings under single ownership, containing six or more rooms or suites providing transient or temporary lodging for periods not limited to 30 days, available at daily, weekly or monthly rates to guests only. Rooms often have independent cooking facilities, and these establishments may also include accessory services such as restaurants, meeting rooms, function halls, common facilities, and recreation facilities. Includes extended stay hotels and apartment hotels.

Lodging, Hotel. A building or group of buildings containing individual rooms or suites of rooms, each having a private bathroom, for the purpose of providing overnight accommodations to the general public for compensation, for periods of 30 consecutive days or less. These establishments may provide additional services and amenities such as conference and meeting rooms, restaurants, bars, spas, or recreation facilities available to guests or to the general public. Common facilities, such as those for reservations, cleaning services, and on-site management, are provided.

Lodging, Motel. A building or group of buildings containing individual sleeping or living units for the purpose of providing overnight accommodations to the general public for compensation, for periods of 30 consecutive days or less. Usually a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located near each unit, all for the temporary use by automobile tourists or transient travelers. Generally includes limited amenities or services.

Lodging, Timeshares. A facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from twelve or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property.

Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land or a recorded parcel map. Lot types include the following (see Figure 7.01.02 1 Lot Types):

Lot, Abutting. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

Lot, Corner. A lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees. If greater than 135 degrees, the lot shall be considered an exterior lot.

Lot, Flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than 20 feet in width at any point connecting the main building site area to the frontage street.

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Lot, Interior. A lot bounded on one side by a street and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than 135 degrees; a lot other than an exterior, corner, or reverse corner lot.

Lot, Key. An interior lot adjoining the rear lot line of a reversed corner lot and not separated by an alley.

Lot, Reverse Corner. A corner lot in which the rear property line abuts the side property line of an adjoining interior lot (as opposed to the rear property line of another corner lot).

Lot, Through. A lot having frontage on two dedicated parallel or approximately parallel streets.

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7.01.02–2. Lot
t
ypes
Lot Area. The area of a lot measured horizontally between bounding lot lines.

Lot Coverage. The ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate lot coverage. See also Subsection 3.02.06.D (Determining Lot Coverage).

Lot Depth. The horizontal distance measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line, or to the most distant point on any other lot line where there is no rear lot line. See Subsection 3.01.04.B (Lots and Setbacks).

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Lot Line. Any line(s) bounding a lot as defined in this section under “Lot.” “Property Line” means the same as “Lot Line.” Lot lines include the following:

Lot Line, Front. On an interior lot, the lot line abutting the street. On a corner lot, the shorter lot line abutting a street. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

For flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot (for flag lots, this excludes the narrow portion of the lot that represents the “pole”).

Lot Line, Interior. A lot line not abutting a street.

Lot Line, Rear. The lot line(s) most distant and opposite the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line (e.g., triangular lot), a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard. A lot which is bounded on all sides by streets may have no rear lot lines (e.g., through lots).

Lot Line, Side. The side lot line means any lot line that is not otherwise defined as a front, rear, or street side lot line.

Lot Line, Street Side. The street side (i.e. exterior side) lot line means any lot line abutting a street that is not determined to be a front lot line.

Lot, Nonconforming. A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.

Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Subsection 3.01.04 (Lots and Setbacks).

Lounge. See “Bar/Nightclub/Lounge.”
M. “ M” Terms
Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.

Major Music Festival Event. A major music festival event is an event that meets the following criteria (see also Section 2.07.02 (Major Music Festival Overlay Zone (MMF)):

1. I
ncludes a permitted attendance up to 125,000 people;

2. T
he event venue and Ancillary Uses encompass at least 500 acres of land located in the Festival District subarea under the Indio General Plan and located within the Major Music Festival Event Overlay Zone;

3. P
rovides for Ancillary Uses, if any, to support the Major Music Festival Event; and

4. I
ncludes up to three days of musical performances.

Manufactured Home. As defined in State of California Health and Safety Code Section 18007, a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

Manufactured/Mobile Home Park. A development designed and occupied by manufactured or mobile housing units including development with facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile/manufactured housing units through a subdivision, cooperative, condominium or other form of resident ownership.

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Manufacturing/Processing, Light. An establishment engaged in manufacturing of non-edible products and finished parts primarily from previously prepared materials by means of physical assembly or reshaping. These industrial activities produce limited impacts on nearby properties, such as noise, gas, odor, or vibration. This classification includes uses where retail sales are clearly incidental to an industrial or manufacturing use; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture and related product manufacturing (excluding Artisan Manufacturing/Makers Spaces); commercial laundry processing and other cleaning operations that use chemical solvents, and industrial services.

Manufacturing/Processing, Heavy. An establishment engaged in the assembly, fabrication, or manufacturing of non-edible products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. Production typically involves some transformation by way of heating, chilling, combining, or through a chemical or biochemical reaction or alteration. Toxic, hazardous, or explosive materials may be produced or used in large quantities as part of the manufacturing process. These industrial activities may produce impacts on nearby properties, such as noise, gas, odor, dust, or vibration. This classification includes manufacturing for biomass energy conversion, commercial advertising, cosmetics and perfumes, electrical appliances and explosives, film and photographic processing plants, apparel and textile mills, leather and allied products manufacturing, wood and paper, glass and glass products, chemical products, medical/pharmaceutical products, plastics and rubber, nonmetallic minerals, primary and fabricated metal products, and automotive and heavy equipment.

Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property.

Massage Establishment, Accessory Use. An establishment offering massage services as an accessory use.

Examples include massage chairs/services at shopping malls or in hotels.

Massage Establishment, Stand-Alone. Any establishment having a fixed place of business where any person engages in or carries on any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Such establishment shall have health enhancement as part of its purpose. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist (State-licensed professions or vocations) who are duly State-licensed to practice their respective professions in the State of California.

Massing. See “Building Massing.”
Massing Break. A change in plane in the facade of a building (set forward or back), and/or significant break in eave line or roof form to break up the mass of the building. See also “Building Modulation.” Medical Services, Extended Care. A private medical services facility providing for regular care on an extended basis as required; generates limited to no walk-in service. Examples include nursing homes, adult residential facilities treating mental health, and the like. Usually includes incidental medical laboratories.

Medical Services, Medical/Dental/Holistic/Clinic. A facility other than a hospital where medical, dental, holistic, mental health, surgical, and/or other personal health care services are provided on an outpatient basis (for example, chiropractors, medical doctors, psychiatrists, other than nursing staff). May also include incidental medical laboratories, supporting pharmacies, etc. Counseling services by other than medical doctors or psychiatrists are included under “Offices - Professional/Administrative.” Medical Services, Urgent Care. An establishment providing limited clinical and emergency medical services generating primarily walk-in service. May also include incidental medical laboratories.

Middle Housing. A range of medium-density, multi-unit housing types such as duplexes, triplexes, quadplexes, cottage courts, and courtyard apartments, which provide diverse housing options within walkable neighborhoods located near local-serving businesses and public transportation options.

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Mini Market. See Convenience Market.

Mini-Storage Warehousing/Facility. A facility offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage. May include affiliated RV storage. This use excludes workshops, hobby shops, and manufacturing activity.

Mining/Resource Extraction. The on-site extraction of surface or subsurface mineral products or natural resources. This use includes borrow pits, mining operations, oil drilling or fracking, and uses incidental to mining operations including structures necessary to the on-site production of mineral products or natural resources.

Mobile Home. A structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or without a foundation system. A mobile home does not include a recreational vehicle, commercial coach, or factory-built housing.

Mobile Recycling Unit. An automobile, truck, trailer, or van licensed by the Department of Motor Vehicles that is used for collection of recyclable materials and taken elsewhere for sorting, etc. Bins, boxes, or containers used for collection of recyclable materials to be transported by (delivered/emptied/removed) the licensed vehicle are also considered mobile recycling units.

Model Home. A dwelling or residential building having all of the following characteristics:

1. T
he dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map, and for which a final map has been recorded.

2. T
he dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

Modular/Prefabricated Unit. Modular or prefabricated units are constructed inside building facilities and then transported to the building site for assembly. The main difference between manufactured and modular homes is that manufactured homes are built to the national HUD code, while modular/prefabricated units are built to all applicable State and local building codes.

Modulation. See “Building Modulation.”
Motor Vehicle. A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.

Multi-Family Dwelling. A structure that contains more than one separate residential dwelling unit. Multi-family dwellings are categorized into the following:

Multi-Family Dwelling, Triplex/Quadplex
Three or four dwelling units on one lot or parcel, or a single building designed or used for occupancy by three or four households, living independently of each other. Three or four side-by-side dwellings sharing a common wall but located on their own lots are considered single-family attached dwellings.

Multi-Family Dwelling, ≥ 5 Units
A building, parcel, or site with five or more dwelling units; units may be attached or detached.

Municipal Code. The City of Indio Municipal Code.

N. “ N” Terms
Neighborhood Market. An establishment under 5,000 square feet, primarily engaged in the retail sale of all sorts of products including, but not limited to, dry goods, canned goods, fresh fruits and vegetables, dairy products, fresh and prepared meats, fish and poultry. Alcohol is not the majority retail item.

Net Lot Area. The total horizontal area within the property lines of a lot or parcel of land exclusive of all right-of- way and road or driveway easements.

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Nightclub. See “Bar/Nightclub/Lounge”.

Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Noncommercial. An enterprise or activity which is not normally conducted for profit or gain.

Nonconforming Building. See “Nonconforming Structure”.

Nonconforming Lot. See “Lot, Nonconforming”.

Nonconforming Structure. See “Structure, Nonconforming.” Nonconforming Use. See “Use, Nonconforming.”
Nuisance. Anything offensive or obnoxious to the health and welfare of the inhabitants of the city; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.

Nursery/Garden Center. Any establishment primarily engaged in the retail sale of nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.

O. “ O” Terms
Office, Processing. An office-type facility characterized by high employee densities and occupied by businesses engaged in information processing and other computer-dependent and/or telecommunications-based activities.

Examples of these uses include, but are not limited to, airline and rental car company reservation centers, computer software and hardware design and development, consumer credit reporting, data processing services, call centers, HMO offices where no medical services are provided, insurance claim processing, telecommunications facility design and management, and mail order and electronic commerce transaction processing.

Office, Professional/Administrative. An office-type facility occupied by businesses that provide professional services or are engaged in the production of intellectual property. Examples of these uses include, but are not limited to, accounting services, advertising agencies, attorneys, business associations, commercial art and design services, construction contractor offices, design services (e.g., architecture, engineering), management and public relations services, news services, photography studios, financial management/counseling, clerical employee services, security and commodity brokers, and writer/artist offices.

Office, Service. An office-type facility providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and elected official satellite offices. This use does not include “Bank, Financial Services,” which is separately defined.

Does not include Medical Offices.

On-Site. Located on the lot that is the subject of discussion.

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Open Space. Generally any undeveloped land or water area, or piece of property that is undeveloped.

Open Space, Common. Private common open space in residential subdivisions, multi-family residential projects, and residential mixed-use projects. Private common open spaces may be indoor rooms or outdoor open spaces that are shared and accessible only to building residents and their visitors. They can be located at the ground level, on parking podiums, or on rooftops, provided they are adequately landscaped. Common open spaces may include: courtyards, gardens, play areas, outdoor dining areas, recreational amenities, rooftop amenities, and community rooms, among others.

Open Space, Private. Personal private open space in multi-family residential and residential mixed-use projects.

Private open space areas are intended for private use for each dwelling unit and may include: balconies (covered or uncovered), private gardens, private yards, terraces, decks, and porches, among others.

Open Space, Publicly-Accessible Private (PAPOS). Outdoor space that is privately owned and maintained but is made available for public use for the purposes of outdoor recreation and leisure, cultural arts, sports, or provision of green space. May include: plazas, courtyards, seating areas, parklets, play areas, recreational facilities or equipment, dog parks, and usable green space, among others.

Open Space, Natural. A natural open space, and habitat and/or resource conservation area.

Outdoor Dining. Any group of tables and chairs, and its authorized decorative and accessory features, situated and maintained in an unenclosed area on private property for use in connection with the consumption of food and beverage sold to the public.

Outdoor Display. The long-term placement of goods or merchandise not located within an entirely enclosed building and without screening or fencing. See “Temporary Uses” for temporary outdoor display.

Outdoor Entertainment. Predominantly spectator uses, conducted in open or partially enclosed or screened facilities. Typical uses include amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, and drive-in theaters.

Outdoor Storage (Primary Use). An establishment whose principal use is the outdoor storage of materials, products, or equipment, subject to all storage and screening requirements of the applicable zone.

Outdoor Storage (Accessory). On-site at-grade or shelved space for the storage of business-related materials, products, and goods. All on-site storage is limited to those materials directly used or produced in relation to the functional on-site business activity, subject to all storage and screening requirements of the applicable zone.

Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.

P. “ P” Terms
Parapet. That part of a wall that extends above the roof line.

Parcel. The same as “Lot,” as defined in this section.

Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

Parking Lot/Structure. A surface parking lot or structure when such use is not incidental to another on-site activity. May be located above or below grade and use of the parking structure may be subject to a fee. May include park and ride structures.

Parking Stall. A space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office and working areas, for the parking of one automobile.

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Park Model. A park trailer built on a single chassis, mounted on wheels or originally mounted on wheels and from which the wheels have been removed. A fifth wheel trailer is not considered a park home. A park home is designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up.

Park/Recreation Facility. A noncommercial park, playground, recreation facility, trail, and/or related open space.

This classification includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities.

Parkway Strip. The portion of a public street right-of-way lying between the curb and sidewalk intended for landscaping. It is sometimes referred to by other names such as sidewalk strip, planter strip, parking strip, or tree buffer.

Passenger Transportation Facility. A facility for passenger transportation operations, including rail stations, bus terminals and pick-up areas, and scenic and sightseeing facilities, but does not include terminals serving airports or heliports.

Passenger Vehicle. See “Vehicle, Passenger.”
Pasture. Open, uncultivated land used for the grazing of livestock.

Pathway. An access way to accommodate pedestrians, bicycles, or other non-vehicular transportation modes.

Pawnshop. An establishment engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the incidental sale of such property.

Patio. A level hard surfaced area at finished grade. (For an above-grade patio, see “Deck”) Pedestrian Path or Pathway. A right-of- way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use. See also “Sidewalk.”
Permitted Use. See “Use, Permitted”.

Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

Personal Services. An establishment providing non-medical services to individuals as a primary use. In addition to the uses listed below, general personal service uses may also include accessory retail sales of products related to the services provided. Examples includes, but are not limited to, barber/beauty shops, clothing rental, home electronics/small appliance repair, locksmith, shoe and luggage repair, tailors, waxing/tanning salons, and dry- cleaning (pick-up/retail storefront, without processing facilities).

Physical or Mental Impairment. Any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed “mental retardation”), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a physical or mental impairment.

Planned Development. A development of parcels of land as a coordinated project which have been developed according to an approved development plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole.

Planned developments may be either residential, commercial, or industrial in nature or a combination thereof.

Planned Street Line. The planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned right- of-way line.

Planning Commission. See “Commission or Planning Commission”.

Pool. Any structure for swimming, bathing or wading or as a fishpond or similar use. See also “Swimming Pool.”

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Porch. A structure attached to a building to shelter an entrance or to serve as a semi-enclosed landing area providing access to the building; usually roofed and generally open-sided.

Poultry. A domesticated bird that is used to produce meat or eggs, including but not limited to, chickens, ducks, pigeons, and quail.

Pre-existing. In existence prior to the effective date of this Code.

Primary Use. See “Use, Primary”.

Private. Belonging to or restricted for the use or enjoyment of particular persons.

Private Garden. A private food-producing garden that is accessory to the primary use of the site.

Private Open Space. See “Open Space, Private.”
Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this Code. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.

Property Line. See “Lot Line”.

P
ublicly-Accessible Private Open Space (PAPOS). See “Open Space, Publicly-Accessible Private.” Public Resources Code. The Public Resources Code of the State of California.

Public Service Facility. A facility providing public safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

Public Transit. A location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Public Utilities, Major. A facility providing services for the public good that include generating plants, solid waste collection including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, water towers, dams, flood control facilities, and other services that provide major public infrastructure services for urban development.

Public Utilities, Minor. A facility providing services for the public good that include utility substations, pumping stations and other transmission and distribution facilities.

Public Right-of-Way. Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge, easement, right-of-way or other way in which the public has a right of use.

Public Works Director. The Public Works Director of the City of Indio.

Q. “ Q” Terms
Qualified Applicant. The property owner, the owner’s agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.

R. “ R” Terms
Rear Yard. See “Yard, Rear”

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Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the City’s zoning and land use laws, rules, policies, practices and/or procedures under provisions of Federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.

Recreational Vehicle. A travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy.

Recreational Vehicle (RV) Park. A mobile structure designed as temporary living quarters for recreation, vacation, camping, or travel use, which is either self-propelled or is mounted on or drawn by another vehicle.

Examples include, but are not limited to, an RV, travel trailer, camping trailer, fifth-wheel trailer, truck camper, motor home, or camper van.

Recycling Collection Facility. Any establishment, including a place of business, center, or standalone container, for collecting or processing recyclable materials from the public. A “Certified Recycling Facility” or “Certified Processor” is a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business, or manufacturer. The processing and sorting of such items is not conducted on-site.

Recycling Processing Facility. Any enclosed structure used for collecting and processing recyclable materials.

Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by means such as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, or re-manufacturing.

Renewable Energy System (Primary Use). The commercial processing, generating, conduction, or storing of any type of renewable energy (solar, wind, or similar or new technologies). Examples include large commercial solar arrays.

Renewable Energy System. Any equipment installed for processing, generating, conducting, or storing of any type of renewable energy (solar, wind, or similar or new technologies). Rain barrels are not regulated under this land use. Systems are regulated in the following ways:

Building-Mounted. Any renewable energy system mounted or affixed to the outside of a building (new or existing) or located interior to the structure.

Stand-Alone or Ground-Mounted. Any renewable energy system erected or installed separate from a building (new or existing).

Required Yard. See “Yard, Required.”
Resale/Consignment/Thrift Shop. An establishment engaged in the retail sale of secondhand merchandise, or offering loans secured by personal property and shall comply with all local and state operating requirements.

Could include indoor swap meets.

Research and Development. Any business combining activities, laboratories, and facilities for research; uses involve the production of experimental products that neither constitute nor cause a public health risk to employees and/or to surrounding properties and/or residents.

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Residential Care Facility. An integrated facility that provides accommodations for varying levels of care to residents, depending on need. The use contains the following components: independent living units; assisted living units; residential care facilities; and continuing care, Alzheimer, and related facilities. This use may include supportive medical and non-medical services directly affiliated with the treatment of on-site patients. Residential care facilities are categorized by the following programmatic elements:

Residential Care Facility, Small. Any state-licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications).

Residential Care Facility, Large. Any state-licensed facility, place, or structure that is maintained and operated to provide primarily non-medical residential care, day treatment, or foster agency services for seven or more adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications). This definition excludes hospitals and those facilities that qualify as small residential care homes.

Restaurant, Dine-In and Take-Out. Includes dine-in and take-out establishments. Any establishment operated for the primary purpose of providing food, beverages, or meals for compensation that has suitable kitchen facilities for the preparation, storage, and service of food. Food service may be for on-site consumption, off-site consumption, or a combination of service types. Any bar area with all applicable licenses is typically limited to approximately 500 square feet or approximately 30% of the dining area; bar areas exceeding these limits are classified as a bar.

Restaurant, Drive-Through. Any dine-in or take-out eating establishment with an affiliated drive-through facility for the service of food and beverages directly to patrons in vehicles.

Retail. The selling of goods, wares, or merchandise directly to the ultimate consumer.

Reverse Vending Machine. An automated recycling/depository mechanical device, as an accessory use, that accepts one or more types of recyclable beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. The reverse vending machine may sort and process containers mechanically, provided the entire process is fully enclosed. A grouping of multiple reverse vending machines may be necessary/provided to meet the requirements of certification as a recycling facility.

Review Authority. Body or entity responsible for making decisions on applications.

Multi-Use/Hiking Trail. A trail or way designed for and used by equestrians, pedestrians, and cyclists using nonmotorized bicycles.

Right-of-Way. An area or strip of land, either public or private, on which a right of passage has been recorded.

Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Roof Mounted Equipment. Anything other than roofing materials or skylights which is used for the operation of any building including, but not limited to heating, ventilation and air conditioning units, vents, antennae, air ducts, and equipment hoods.

Roof Pitch. The slope of the roof, or the angle which is formed between the roof and the horizontal plane.

S. “ S” Terms
Salvage. Any article or material which is to be or intended to be reclaimed or saved from destruction.

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Salvage/Wrecking Yards. Any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material or junk. Excludes auto and vehicle wrecking/dismantling.

Scenic Highway. Any highway designated as a scenic highway by an agency of the City, County, State or Federal government.

School, Public or Private (TK-12). An institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, or senior high school.

Screen or Screening. A structure used for concealment or visual buffer consisting of plant material, masonry, wood, other approved material.

Secondary Highway. A roadway classified as a Secondary Highway in the Transportation Element of the General Plan.

Senior Citizen. An individual 62 years of age or older.

Service. An act, or any result of useful labor, which does not, in itself, produce a tangible commodity.

Setback. The minimum required distance by which any building or structure must be separated from a property line. See Section 3.01.02 (Measuring Distances) and Section 3.01.05 (Setbacks and Encroachments) for rules for measurement of setbacks.

Setback Line. A line delineating the minimum allowable distance between a property line and a building on a lot, as prescribed by the regulations for the applicable zone, within which no building or other structure shall be placed except as provided in Section 3.01.05 (Setbacks and Encroachments).

Shelter. A structure or environment, adequate to the species of animal, which provides protection from adverse weather conditions and predators.

Shopping Center. An integrated development of retail and service commercial activities on one or more lots of land sharing common parking and signing facilities and serving a wide spectrum of community shopping needs.

Side Yard. See “Yard, Side.”
Sidewalk. That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineations for pedestrian travel. See also “Pedestrian Path or Pathway” as defined in this section.

Sign Terms. See Chapter 7.02 (Sign Terms and Types).

Single-Family Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except a second dwelling unit, where permitted), and is attached through common walls to one or more dwellings on abutting lots. An attached single-unit dwelling is sometimes called a “townhouse” or a “condominium”.

Single-Family Dwelling, Detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where permitted). This classification includes individual manufactured, modular, and prefabricated housing units.

Single-Room Occupancy. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, are rented to one- or two-person households for a weekly or monthly period of time. This use classification is distinct from a Hotel or Motel, which is a commercial use.

Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this Code and is in a single ownership or under unified control.

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Smoke Shop. Any business that sells cigarettes, cigars, tobacco, electronic cigarettes, hookah supplies, or other smoke/vape related accessories and supplies, as a primary use. This does not include sales of cigarettes, cigars, or other smoke related accessories, within grocery stores, drug stores, convenience stores, or other similar types of markets.

Smoking Lounge. Any business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc.

Social Service Facility. A facility providing a variety of supportive services on a less than 24-hour basis. Examples of services provided are counseling, providing limited medical services, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Day Care Centers), clinics, and emergency shelters providing 24-hour care (see Emergency Shelter).

Soil. Naturally occurring superficial deposits overlying bedrock.

Solar Reflectance Index. Measure of a surface’s ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.

Sound Barrier Wall. Sound barrier walls are high, vertical, solid masonry or concrete walls designed to reduce or buffer roadway noise levels.

Specific Plan. A plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan, pursuant to the provisions of Government Code, Subsection 65450 et seq.

Stable/Equestrian Facility, Commercial/Public. A facility dedicated to the keeping for commercial purposes of horses, donkeys, and/or mules, including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals, and paddocks accessory and incidental to these uses.

Stable/Equestrian Facility, Hobby/Private. A stable, corral, and/or paddock used by the individual homeowners of corresponding property and their animals.

State. The State of California.

Stoop. A stoop is an uncovered unenclosed set of steps and elevated platform or landing projecting from the front wall of a structure providing access to the ground level of a building.

Story. That portion of a building included between the finished grade of any floor and the finished surface of the floor next above, except that the topmost story shall be that portion of a building included between the finished surface of the topmost floor and the ceiling or roof above.

Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. “Street” includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.

Street Centerline. A line laterally bisecting a street right-of-way into equal widths.

Street Line. The boundary between a street and a lot or parcel of land.

Street Side Yard. See “Yard, Street Side.”
Structural Alteration. Any change in supporting members of a building or structure.

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Structure. Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground.

Structure, Accessory. A detached subordinate structure used only as incidental to the main structure on the same site or lot.

Structure, Attached. A structure which is affixed to another building or structure on the site.

Structure, Detached. A structure which is not affixed to another building or structure on the site.

Structure, Main or Principal. A structure housing the primary use of a site or functioning as the primary use.

Structure, Nonconforming. A lawfully established building or structure that does not conform to the regulations of this Code or is designed for a use that does not conform to the regulations of this Code for the zone in which it is located, either on the date of adoption of this Code or as the result of subsequent amendments to this Code.

Structure, Temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Studio Unit. A dwelling unit consisting of a combined room for living and sleeping and a separate room for cooking.

Swimming Pool. An artificial body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping, or immersion purposes by humans.

Supportive Housing. A residential establishment containing dwelling units with no limit on length of stay, that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code (“Target population” means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.). Linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.

Swap Meet, Outdoor. An event at which two or more persons or entities offer goods or services for sale or exchange, and at which a fee is charged to the party selling the goods or the buyer is charged for the privilege of entering the site to engage in sales transactions. Also may be referred to as Flea Markets, Swap Lots, Open Air Markets, or Outdoor Bazaars.

T. “ T” Terms
Tandem Parking. An arrangement of parking spaces such that one or more spaces must be driven across to access another space or spaces.

Tattoo/Body Art/Piercing. An establishment whose principal business activity is one or more of the following:
1) using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin; or 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

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Telecommunications Terms.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

Base Station. A telecommunication/wireless structure or equipment at a fixed location that enables Commission- licensed or authorized wireless communications between user equipment and a communications network. The term does not include a tower or any equipment associated with a tower.

1. T
he term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. T
he term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).

3. T
he term includes any telecommunication/wireless structure other than a tower that, at the time the relevant application is filed with the State or local government under this Section, supports or houses equipment described in paragraphs 1 and 2 above and that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the telecommunication/wireless structure was not built for the sole or primary purpose of providing such support.

4. T
he term does not include any telecommunication/wireless structure that, at the time the relevant application is filed with the State or local government under this Section, does not support or house equipment described in paragraphs 1 and 2 above.

Collocation. (1) Mounting or installing a wireless telecommunication/wireless on a pre-existing structure; and/ or (2) Modifying a telecommunication/wireless structure for the purpose of mounting or installing a wireless telecommunications facility on that telecommunication/wireless structure. For the purposes of Eligible Facilities Requests, collocation means the mounting or installation of transmission equipment on an existing tower or base station.

Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving;

1. C
ollocation of new transmission equipment;

2. R
emoval of transmission equipment; or

3. R
eplacement of transmission equipment.

Lattice Tower. A three or more-legged telecommunication/wireless structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.

Monopole. A telecommunication/wireless structure of single pole (non-lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.

Monopalm. A monopole camouflaged to resemble a palm tree.

Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility’s antenna or antennas.

Stealth Design. Improvements or treatments added to a wireless telecommunication/wireless which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing telecommunication/wireless structure or visual backdrop in such a manner as to render it minimally visible to the casual observer.

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Tower. Any telecommunication/wireless structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities, including telecommunication/wireless structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Wireless Telecommunications or Telecommunications/Wireless Facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, monopoles, telecommunication towers, or similar telecommunication/wireless structures supporting said equipment, equipment buildings, parking areas, and other accessory development.

1. T
elecommunications/Large Commercial Antenna. Any new stand-alone facility, excluding stand-alone small wireless facilities.

2. T
elecommunications/Small Wireless Facility. A small wireless facility as defined by federal law and/or the FCC and that meets each of the following requirements (If a facility does not meet these criteria then it is considered a large telecommunications facility.):
a. T
he facility:
i. Is m
ounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. §1.1320(d); ii. Is m
ounted on structures no more than 10 percent taller than other adjacent structures; or iii. D
oes not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
b. E
ach antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume; c.

A
ll other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
d.

T
he facility does not require antenna structure registration under Part 17 of Subchapter A of Chapter 1 of Title 47 C.F.R., or its successor regulations;
e. T
he facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x), or its successor regulation; and f. T
he facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b), or its successor regulation.

Temporary Buildings or Storage Facilities (Accessory Use). Temporary buildings, such as construction trailers or temporary real estate sales offices, or temporary storage containers for the temporary storage of goods on a site.

This is accessory to the primary use on the site.

Temporary Structure. See “Structure, Temporary.”
Tenant. A person or household renting or leasing a housing unit or non-residential space.

Townhouse. An attached, single-family dwelling unit which is part of a group of two or more such units that are connected to but separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility.

Townhouse Development. A cluster or grouping of townhouse units. See also “Single-Family Dwelling, Attached.” Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.

Transitional Housing. A rental housing development generally intended to provide housing and appropriate support services to homeless persons to facilitate movement to independent living operating under programmatic constraints that require the termination of assistance after a specified time or event, in no case less than 6 months after initial occupancy, and the re-renting of the assisted unit to another eligible participant.

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Truck Stop/Fueling Station. An establishment whose principal activity is the retail sale and dispensing of vehicle fuels for non-passenger vehicles. This use may be accessory to a primary industrial or public agency use or a primary use for the regular fueling of site-specific or general commercial fleet vehicles. It may include maintenance and service facilities conducted completely within an enclosed structure, overnight parking, and/or the sale of accessories and equipment for heavy commercial vehicles.

Tutoring Facility. A facility offering academic instruction to individuals or to groups in a classroom setting where an adult accompanies a minor. Facilities where minors are not accompanied by adults are classified as Day Care Centers.

Two-Family Dwelling. A residential building containing two dwelling units, both of which are located on a single parcel (also referred to as a “duplex” or “two-flat”.) The dwelling units are attached and may be located on separate floors or side-by-side.

U. “ U” Terms
Unified Development Code or This Code. The comprehensive development code of the City that includes all development-related regulations, including zoning and subdivision regulations and the Zoning Map.

University. See College/University.

Use. The purpose for which land or the premises of a building, structure or facility is arranged, designed, or intended, or for which it is or may be occupied or maintained.

Use, Accessory. A use that is customarily associated with, and is accessory and subordinate to, a primary use and located on the same lot as a primary use.

Use, Incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the primary use.

Use, Nonconforming. The use of a building, structure, site, or portion thereof, which was lawfully established and maintained, but which, because of the adoption and application of this Code, no longer conforms to the specific regulations applicable to the zone in which it is located.

Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zone.

Use, Primary. The main purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

Use, Principal. The same as Use, Principal, as defined in this section.

Use, Temporary. A use which is required for the proper function of the community or temporarily required in the process of establishing a permitted use, or construction of a public facility. See Chapter 4.27 (Temporary Uses).

Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics (e.g., residential, industrial and manufacturing, etc.) See Article 2 (Zone Regulations).

Use Permit. A discretionary permit which may be granted by the appropriate City of Indio authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval. See Section 6.04.04 (Use Permits).

Use Type. A category that classifies similar uses based on common functional, product, or compatibility characteristics. See also “Use Classification.”

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Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

Utility Yard. A parcel of land, or portion of land, used by a private company or public entity for the production, storage, or repair of utility equipment (e.g., telecommunications, transit vehicles). Examples include bus yards, corporation yards, telecommunications equipment yards, etc.

V. “ V” Terms
Valet Parking. A vehicular parking facility whereby a parking attendant is utilized to park cars in an assigned area that is not available to the general public.

Variance. A discretionary grant of permission to depart from the specific requirements of this Code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zone.

Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

Vehicle, Commercial. A commercial vehicle as defined by the California Vehicle Code. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private noncommercial purposes are not considered commercial vehicles.

Vehicle, Passenger. As defined in the California Vehicle Code.

Veterinary Hospital. An establishment providing medical and surgical treatment for domestic animals. This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.

Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

Visible. Capable of being seen (whether legible) by a person of normal height and visual acuity walking or driving on a road or in a public place.

Vocational/Trade School. An institution providing education or training in business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a home occupation, college/ university, school, or instructional studio.

W. “ W” Terms
Wall. Any vertical exterior surface of building or any part thereof, including windows.

X. “ X” Terms

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Y. “ Y” Terms
Yard. An open space on a lot with a building or other structure, located between the building or structure and the adjacent property line, that is unoccupied and unobstructed from the ground to the sky, except for such encroachments as are specifically permitted in Section 3.02.03 (Setbacks and Encroachments). Types of yards include the following (see Figure 7.01.02 2. Yard Types):

Yard, Front. A yard extending across the front of a lot for the full width of the lot between the side lot lines.

The depth of a front yard shall be a distance specified by this Code for the zone in which it is located and measured inward from the front lot line.

Yard, Interior Side. A yard which does not abut a street.

Yard, Rear. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this Code for the zone in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear yard.

Yard, Required. A yard which complies with the minimum setback requirements for the zone in which the lot is located.

Yard, Side. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

Yard, Street Side. A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.

F
I
Gu
rE

7.01.02–3. Yard
ty
pes
Yard Sale (Temporary Use). Any sale of personal property to the general public occurring on private or public property; commonly referred to as “garage sales,” “yard sales,” “patio sales,” “rummage sales,” “estate sales,” and similar activities.

Z. “ Z” Terms
Zone. A specifically delineated area in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

Zoning Map. The official zoning map of the City of Indio.

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7.02. S IG n tErM S An d tYP ES

7.02.01. Pu rpose
This Chapter provides definitions of terms and phrases related to signage used in this Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Code, these definitions shall control for the purposes of this Code. If a word is not defined in this Chapter, or in other provisions of the Code, the Director shall determine the correct definition.

7.02.02. S ign te rms
A. “ A” Sign Terms
Approved Bottom-Mounted Outdoor Advertising Fixture. A system of lighting which is installed at or on the lower portion of a billboard.

B. “ B” Sign Terms
Balloon. A colored bag made of flexible material, inflated with air or other gas, and sealed, often to make it rise in the air.

Balloon Bobber. A reusable pre-formed balloon with regular air made of a durable PVC vinyl that does not need to be inflated, and typically attached to a short pole.

Building Element. The maximum lineal dimension of an exterior wall, excluding canopies and projections, measured on a straight line parallel to the site’s street frontage.

C. “ C” Sign Terms
Channel Letters. Three dimensional, individually manufactured letters or figures with an open back which may contain a light source to provide light onto the sign background against which the channel letters are silhouetted.

Commercial Message. A message conveyed by any sign that is solely intended to interest, entice, or solicit any person to participate in commercial transactions with a business, including offers of goods, cash, discounts on products or services, or other items, including the offering of free goods or services made in exchange for or with the intent to induce the recipient’s willingness to receive information relating to a possible commercial transaction.

D. “ D” Sign Terms
Direct Illumination. Illumination resulting from light emitted directly from a light bulb or light fixture, not light diffused through translucent signs or reflected from other surfaces such as the ground or building face.

E. “ E” Sign Terms
Electronic Message Display Technology. A sign or portion of a sign that utilizes computer-generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. A sign utilizing Electronic Message Display Technology is not a Single- or Two-Color LED Sign.

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F. “ F” Sign Terms
Flag. A fabric sheet of square, rectangular, or triangular shape that is typically mounted on a pole.

G. “ G” Sign Terms
H.
“
H” Sign Terms
Halo Illumination. A form of sign illumination in which neon tubing, LED, or similar lights are mounted within the letter to illuminate the mounting surface causing a halo of light around the letter.

Historical Plaque. A sign that memorializes a person, event, building, former use of a place, or something else of historical significance.

I. “ I” Sign Terms
J. “
J” Sign Terms
K.
“
K” Sign Terms
L.
“
L” Sign Terms
Landscape Area. For purposes of sign regulation, an area surrounding the base of a freestanding sign, and containing living plant materials with or without a fixed border.

Laser Light Display. A display that emits light through the use of a laser beam(s).

LED (Light Emitting Diode). A semiconductor diode that emits light when a voltage is applied to it.

Logo. See Sign, Logo.

M. “ M” Sign Terms
N.
“
N” Sign Terms
Neon. A type of illumination emanating from a luminous glass tube filled with a gas or gas mixture (including neon, argon, mercury, or other gases), usually of small diameter (10-15 millimeters), caused to emit light by the passage of an electric current, and commonly bent into various forms for use as decoration or signs. A “neon” tube. Does not include common fluorescent tubes.

O. “ O” Sign Terms
P. “
P” Sign Terms
Pan Channel Letter. A specific type of permanent sign letter consisting of a metal pan enclosure fabricated in the shape of a letter. The metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to wall of a building. The sign face is usually made of colored plastic attached to the metal pan to seal it off from pests and harsh weather.

Plate Line. The uppermost horizontal line of a building wall upon which the roof above rests.

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Professionally Crafted or Painted Sign. A temporary or permanent sign that is made to a high standard by a competent individual(s) skilled in sign design, fabrication, and installation.

Q. “ Q” Sign Terms
R.
“
R” Sign Terms
Raceway. An enclosed conduit for electrical wiring.

S. “ S” Sign Terms
Sign. A permanent or temporary structure, device, figure, display, message placard or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended or used to advertise, provide information in the nature of advertising, provide historical, cultural, archaeological, ideological, political, religious, or social information, or direct or attract attention to an object, person, institution, business, product, service, message, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.

Sign Face. The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.

Sign, Abandoned. A sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.

Sign, A-Frame. A portable pedestrian-oriented sign that is not permanently affixed to a structure or the ground to advertise special goods, services, or products offered on the site (also known as a Sandwich Board Sign or an Upright Sign).

Sign, Awning. Any permanent sign that is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover located over a door, entrance, window, storefront, or outdoor service area.

Sign, Bandit. Any sign that is placed on public or private property without the consent of the property owner or as authorized in Chapter 3.05 (Sign Regulations).

Sign, Banner. A temporary sign constructed of cloth, bunting, plastic, paper, or similar material and securely attached to a wall or support structure. Flags are not considered temporary banners.

Sign, Billboard. A permanent structure for the display of a commercial or non-commercial message.

Sign, Blade. A permanent sign that is perpendicular to the face of a building and projects outward from the building face.

Sign, Building Identification. A permanent sign consisting of letters or numbers applied to a building wall, engraved into the building material or consisting of a sculptural relief which contains the name of the building or describes its function, but which does not advertise any individual tenant of the building or any products or services offered.

Sign, Building Mounted. A permanent sign attached, connected, painted, or erected on the wall, parapet, or fascia of a building or structure.

Sign, Cabinet. A permanent building-mounted or freestanding sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet that contains the lighting fixtures which illuminate the sign face from behind.

Sign, Canopy. A permanent sign that is printed, painted, or affixed to a canopy, typically used to accent building entries.

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Sign, Changeable Copy. A permanent sign that is designed so that characters, letters, numbers, or illustrations can be manually or mechanically changed or rearranged without altering the face or surface of the sign.

Sign, Copy. Any graphic, word, numeral, symbol, insignia, text, sample, model, device, or combination thereof that is primarily intended to advertise, identify, or notify.

Sign, Directional. A permanent sign erected to inform the viewer of the approximate route, direction, or location of a facility or tenant.

Sign, Directory. A permanent sign on a multi-tenant site providing information including a list of tenants and occupants, addresses, and suite numbers or a map of the building or complex. These signs are typically internal to a center, oriented to pedestrians, or motorists circulating in a parking lot rather than vehicles traveling on an arterial street.

Sign, Electronic Message Display. A permanent sign or portion of a sign that utilizes computer-generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. An Electronic Message Sign is not a Single- or Two-Color LED Sign.

Sign, Externally Illuminated. Any permanent sign, the facing of which reflects light from an external light intentionally directed upon it.

Sign, Feather Banner. A portable sign that is taller than it is wide and made of a flexible material (typically cloth, nylon, or vinyl) and mounted to a pole.

Sign, Freestanding. A permanent sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of a building.

Sign, Freestanding Projecting. A permanent freestanding sign type featuring a double or single sided sign face, projecting outward at a perpendicular angle from a sign pole or post.

Sign, Freeway Oriented. A permanent sign in the freeway corridor, i.e., a zone measuring 1,320 feet from the center line of the freeway. The width of the storm channel shall not be included in determining this distance.

Sign, Front Yard. A permanent freestanding sign type featuring a double or single sided sign face, projecting outward at a perpendicular angle from a sign pole or post.

Sign, Fuel Pump Topper. A sign affixed to the top of an operable fuel dispensing pump used to advertise goods offered for sale on the same parcel on which the fuel pump is located.

Sign, Incidental. A sign which provides incidental information, including security, credit card acceptance, business hours, open/closed, directions to services and facilities, or menus.

Sign, Individual Letter. A cut-out or etched letter or logo which is individually mounted on a building wall, or freestanding sign.

Sign, Internally Illuminated. Any permanent sign in which the source of light is entirely enclosed within the sign and not directly visible.

Sign, Landmark. A historically designated sign determined by the City to have attained a high degree of community, cultural, aesthetic, or historic designation and significance.

Sign LED. A permanent sign consisting of light emitting diodes (electronic components that let electricity pass in only one direction) that emit visible light when electricity is applied.

Sign, Logo. A stylized group of letters, words, numbers, or symbols used to represent and distinguish a business or product.

Sign, Marquee. A permanent sign structure placed over the entrance to a building and typically used for a theater or other entertainment use.

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Sign, Monument. A permanent freestanding sign, with a solid base that is equal to or larger than the width of the sign face.

Sign, Non-Conforming. Any permanent sign legally established prior to the Effective Date which does not fully comply with the standards imposed by the individual sections of this Code.

Sign, Off-premises. Any sign that directs attention to a business, commodity, service, entertainment, product, structure, use or property different from a structure or use existing on the property where the sign is located, and/or any sign on which space is rented, donated, or sold by the owner of said sign or property for the purpose of conveying a message.

Sign, Painted Wall. A permanent sign painted directly onto the exterior wall of a building and having no sign structure.

Sign, Pennant. A sign made of flexible materials usually longer than it is wide, often triangular in shape, and frequently displayed with other pennants on a string.

Sign, Permanent. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Sign, Portable. A sign not permanently attached to the ground, a building, structure, or other immovable object.

Includes an A-frame sign, yard sign type I signs, non-permanent window signs, and sign walker signs.

Sign, Post. A permanent sign mounted on either a single post or two or more posts.

Sign, Prohibited. Any sign not in accordance with or authorized in Chapter 3.05 (Sign Regulations).

Sign, Projecting. A permanent sign that is perpendicular to the face of a building and projects outward from the building face.

Sign, Raised Letter. A permanent sign containing copy, logo, and/or decorative embellishments in relief on the face.

Sign, Roof-Mounted. Any permanent sign erected, painted, or attached on or over the roof of a building.

Sign, Service Island Canopy. A permanent sign mounted on or under a service island canopy, including on a fascia.

Sign, Single-Color or Two-Color LED. A permanent or temporary sign or portion of a sign composed of single- color or two-color LEDs that displays static or changeable sign messages using characters, letters, and numbers only. Examples of these signs include, but are not limited to, “open” or “closed” signs,” “time and temperature” signs, or signs indicating the number of available spaces in a parking facility.

Sign, Spinner. A lightweight, durable, and colorful device designed to be affected by the movement of air so that it spins or rotates in a manner to capture attention.

Sign Structure. The supports, uprights, bracing, and/or framework of a sign.

Sign, Temporary. A sign intended for limited period of display which is not permanently affixed to a structure or window. Includes a banner sign and yard sign type II and type III signs.

Sign, Vehicle. Any sign on or affixed to a truck, van, automobile, trailer, or other vehicle.

Sign, Wall. A permanent sign affixed to or erected against the wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of wall or fascia to which it is affixed or erected.

Sign, Walker. A person who wears, holds, or balances a sign.

Sign, Window. A permanent or non-permanent sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window.

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Sign, Yard, Type I. A small portable sign typically constructed of corrugated plastic and supported on an H-shaped wire frame used for example, for advertising by local businesses or by election campaigns. (Syn: Lawn Sign).

Sign, Yard, Type II. A temporary sign mounted on a single post installed securely in the ground with a small sign hanging from a cross-bar mounted parallel to the ground.

Sign, Yard, Type III. A temporary large typically wooden sign mounted on two posts installed securely in the ground.

Static Display. Means a sign face that does not change within a 24-hour period.

T. “ T” Sign Terms
U. “
U” Sign Terms
V. “
V” Sign Terms
Valance. The vertical front face of an awning, parallel to the face of the building to which it is mounted.

W. “ W” Sign Terms
X.
“
X” Sign Terms
Y. “
Y” Sign Terms
Z.
“
Z” Sign Terms

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Miles

Desert Estates (DE-1)
Desert Estates Transition (DET-3)
Suburban Neighborhood-4 (SN-4)
Suburban Neighborhood-8 (SN-8)
Connected Neighborhood-14 (CN-14)
Connected Neighborhood (CN-20)
Mobile Home (MH)
Mixed Use Neighborhood (MUN)
Neighborhood Center (NC)
Regional Commercial (RC)
Mid-Town (MT)
Downtown Specific Plan (DT-SP)
Light Industrial (IL)
Heavy Industrial (IH)
Parks and Open Space (OS)
Resource Recovery (RR)
Public and Institutional (PI)
SP/PMP
City Boundary
SOI Boundary
Railroad
Highways
Zoning Map
A
B1
B2
C
D
E
Bermuda Dunes Airport
Compatibility Zones*
111
111
10 10
10 Avenue 52
Avenue 50
Avenue 49
Avenue 48
Avenue 46
Miles Ave.

Fred Waring Dr.

Avenue 42
Avenue 40
Zone E
Zone D
Zone D
Zone D
Zone C
Zone C
Zone A
Zone B1
Zone B1
Zone B2
Zone B2
Zone E
Avenue 38

WHITEWATER RIVER

WHITEWATER RIVER

WHITEWATER RIVER
Avenue 42
Avenue 44 Avenue 44
Avenue 45
Indio Blvd.

Jackson St.

Monroe St.

Hjorth St.

Madison St.

Arabia St.

Oasis St.

Calhoun St.

Dr. Carreon Blvd.

Requa Ave.

Clinton St.

Monroe St.

Jackson St. Jackson St.

Golf Center Parkway
Monroe St.

Madison St.

Jefferson St. Jefferson St.

Indio Blvd.
*Densities, intensities, and prohibited uses shall be consistent with criteria of the Bermuda Dunes Airport Land Use Compatibility Plan, including applicable Countywide criteria as may exist at the time of project review. If the project is located in the Bermuda Dunes Airport Compatibility zones, please see ALUCP and Indio City Planning Staff for the most up-to-date regulations.

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