Indian Wells, CA Zoning Ordinance

Indian Wells City Zoning Code

CHAPTER 21

30 COMMUNITY COMMERCIAL ZONE DEVELOPMENT STANDARDS

§ 21.30.010 General.

This Chapter contains the regulations for the Community Commercial Zone established by the City. The regulations of this Chapter shall apply to all properties within the Community Commercial Zones within the City, except as modified by the standards and regulations pertaining to the planning area in which the building site is located. (Refer to Chapter 21.14 for the specific planning area in which the building site is located.)

(Ord. 387 § 1, 1996)

§ 21.30.020 Purpose.

The purpose of this zone is to provide regulations for the development of the commercial properties within the City, consistent with the historic low density residential character of the City.

(Ord. 387 § 1, 1996)

§ 21.30.030 Uses permitted.

All developments in this zone shall be developed in accordance with a Master Development Plan for the property in application, and all uses proposed thereon shall be in accordance with the list below and the specifics thereof shall be subject to approval of a Conditional Use Permit in accordance with the procedures in Sections 21.06.030 and 21.06.040, except as otherwise defined below.

The uses, and the accessory uses related thereto, permitted in this zone are subject to Conditional Use Permit and shall be limited to the following:

(a)

Auto service stations;

(b)

Bar, tavern, cocktail lounge;

(c)

Caretakers' quarters;

Churches;

Day care center;

Clinics;

Convalescent home;

Health clubs and reducing salons;

(i)

Hotel/resort hotel resort complex;

(j)

Manufactured structures;

(k)

Motion picture theaters;

(l)

Museum and art galleries;

(m)

Administrative, business and professional offices;

(n)

Private educational facilities;

(o)

Restaurants, sit down;

(p)

Retail and service businesses;

(q)

Utility buildings and facilities;

(r)

Recycling facilities (see Section 21.90.050);

(s)

Antenna (see Section 21.90.060); and

(t)

Sexually oriented business.

The uses, and the accessory uses related thereto, identified below are permitted uses not subject to a Conditional Use Permit and shall be limited to the following:
(a)	Emergency shelters.

(Ord. 387 § 1, 1996; Ord. 665 § 3, 2013; Ord. 674 § 7, 2013)

§ 21.30.040 Lot dimensions.

Each commercial lot shall have a minimum width of two hundred (200) feet and a minimum depth of two hundred fifty (250) feet.

(Ord. 387 § 1, 1996)

§ 21.30.050 Building setbacks.

The building setback minimums shall be as follows:

(a)

Adjacent to residential zoned property the minimum setbacks shall be the same as those required of the adjacent residential property.

(b)

Not adjacent to residential zoned property:

(1)

Front Yard. Fifty (50) feet;

(2)

Rear Yard. Sufficient distance to permit an approved fire access lane, generally twenty (20) feet; and

(3)

Side Yard. Adjacent to a property line, sufficient distance to permit an approved fire access lane, generally twenty (20) feet, otherwise per the Building Code.

(Ord. 387 § 1, 1996)

§ 21.30.060 Building floor area ratio.

The above-ground gross floor area of building (all buildings) divided by the total area of the lot upon which the building or buildings are located shall not exceed 0.75.

(Ord. 387 § 1, 1996)

§ 21.30.070 Building height.

The building height requirements shall be as follows:

(a)

Adjacent to residential zoned property, the height requirements shall be the same as those required of the adjacent residential property.

(b)

Not adjacent to residential zoned property: two (2) stories, not to exceed thirty (30) feet.

(Ord. 387 § 1, 1996)

§ 21.30.075 Development standards for emergency shelters.

To address the special needs of homeless individuals and to ensure compatibility with adjacent properties and uses, the following use and development standards shall apply for the development of emergency shelters:

(a)

An emergency shelter shall contain a maximum of twenty (20) beds.

(b)

The shelter shall operate only from 5:00 p.m. to 8:00 a.m.

(c)

The objective of the shelter is to assist clients in obtaining permanent housing, income and services.

(d)

Residency at the shelter is limited to a maximum of one hundred eighty (180) days.

(e)

The shelter shall have a written Management Plan that details staffing, training and qualifications, neighborhood outreach, transportation, security, volunteers and donation procedures, intake screening, treatment programs, and emergency plans.

(f)

Attention to the size and location of interior and exterior waiting areas shall be included in the design of the facility.

(g)

Exterior security lighting and appropriate off-street parking are required.

(Ord. 674 § 7, 2013)

§ 21.30.080 Walls.

Where a commercial development abuts a residential zone, a masonry wall six (6) feet in height shall be provided on the residential zone boundary.

(Ord. 387 § 1, 1996)

§ 21.30.090 Plan, design and parking.

The plan of developments, layout, design of buildings, adequacy of parking and landscaping shall be subject to conformance with Title 11 of the Municipal Code, Parking Standards and Design, and the approval of the ALC under Chapter 21.60 of this Zoning Code.

(Ord. 387 § 1, 1996)

§ 21.30.110 Roof mounted equipment.

All roof-mounted equipment including but not limited to heating, venting, cooling, and antenna shall be screened so as to preclude viewing of same from adjacent residencies, public ways and golf courses (public or private).

(Ord. 533 § 1, 2003)

§ 21.30.120 Solar energy systems.

Solar energy systems will be permitted on legal lots in the community commercial zone in accordance with the standards listed below:

(a)

All solar energy systems shall be installed only after administrative approval by the Planning Department and only after issuance of the necessary building permits and any and all other permits required by the City relating to the plumbing, electrical and mechanical characteristics of the system.

(b)

Design Standards:

(1)

All solar collectors, plumbing, water tanks and support equipment shall be painted a color similar to the color of the roof upon which they are mounted.

(c)

Existing Nonconforming Solar Energy Systems. Existing, nonconforming solar energy systems removed from an existing location and proposed to be reinstalled shall be screened so as to limit viewing of same from adjacent residencies and properties, public ways and golf courses (public or private), and approval of said system shall be subject to any applicable homeowners' association approval, Planning Department review, and be subject to the Administrative Relief process defined in Section 21.06.090.

(d)

Rehabilitated and/or Used Solar Energy Systems. Rehabilitated and/or used solar energy systems proposed to be installed shall be screened so as to limit viewing of same from adjacent residences and properties, public ways and golf courses (public or private), and approval of said system shall be subject to any applicable homeowners' association approval, Planning Department review, and be subject to the Administrative Relief process defined in Section 21.06.090.

(Ord. 533 § 1, 2003; Ord. 606 § 1, 2007)

Indian Wells City Zoning Code

CHAPTER 21

30 COMMUNITY COMMERCIAL ZONE DEVELOPMENT STANDARDS

§ 21.30.010 General.

(Ord. 387 § 1, 1996)

§ 21.30.020 Purpose.

The purpose of this zone is to provide regulations for the development of the commercial properties within the City, consistent with the historic low density residential character of the City.

(Ord. 387 § 1, 1996)

§ 21.30.030 Uses permitted.

The uses, and the accessory uses related thereto, permitted in this zone are subject to Conditional Use Permit and shall be limited to the following:

(a)

Auto service stations;

(b)

Bar, tavern, cocktail lounge;

(c)

Caretakers' quarters;

Churches;

Day care center;

Clinics;

Convalescent home;

Health clubs and reducing salons;

(i)

Hotel/resort hotel resort complex;

(j)

Manufactured structures;

(k)

Motion picture theaters;

(l)

Museum and art galleries;

(m)

Administrative, business and professional offices;

(n)

Private educational facilities;

(o)

Restaurants, sit down;

(p)

Retail and service businesses;

(q)

Utility buildings and facilities;

(r)

Recycling facilities (see Section 21.90.050);

(s)

Antenna (see Section 21.90.060); and

(t)

Sexually oriented business.

The uses, and the accessory uses related thereto, identified below are permitted uses not subject to a Conditional Use Permit and shall be limited to the following:
(a)	Emergency shelters.

(Ord. 387 § 1, 1996; Ord. 665 § 3, 2013; Ord. 674 § 7, 2013)

§ 21.30.040 Lot dimensions.

Each commercial lot shall have a minimum width of two hundred (200) feet and a minimum depth of two hundred fifty (250) feet.

(Ord. 387 § 1, 1996)

§ 21.30.050 Building setbacks.

The building setback minimums shall be as follows:

(a)

Adjacent to residential zoned property the minimum setbacks shall be the same as those required of the adjacent residential property.

(b)

Not adjacent to residential zoned property:

(1)

Front Yard. Fifty (50) feet;

(2)

Rear Yard. Sufficient distance to permit an approved fire access lane, generally twenty (20) feet; and

(3)

Side Yard. Adjacent to a property line, sufficient distance to permit an approved fire access lane, generally twenty (20) feet, otherwise per the Building Code.

(Ord. 387 § 1, 1996)

§ 21.30.060 Building floor area ratio.

The above-ground gross floor area of building (all buildings) divided by the total area of the lot upon which the building or buildings are located shall not exceed 0.75.

(Ord. 387 § 1, 1996)

§ 21.30.070 Building height.

The building height requirements shall be as follows:

(a)

Adjacent to residential zoned property, the height requirements shall be the same as those required of the adjacent residential property.

(b)

Not adjacent to residential zoned property: two (2) stories, not to exceed thirty (30) feet.

(Ord. 387 § 1, 1996)

§ 21.30.075 Development standards for emergency shelters.

(a)

An emergency shelter shall contain a maximum of twenty (20) beds.

(b)

The shelter shall operate only from 5:00 p.m. to 8:00 a.m.

(c)

The objective of the shelter is to assist clients in obtaining permanent housing, income and services.

(d)

Residency at the shelter is limited to a maximum of one hundred eighty (180) days.

(e)

(f)

Attention to the size and location of interior and exterior waiting areas shall be included in the design of the facility.

(g)

Exterior security lighting and appropriate off-street parking are required.

(Ord. 674 § 7, 2013)

§ 21.30.080 Walls.

Where a commercial development abuts a residential zone, a masonry wall six (6) feet in height shall be provided on the residential zone boundary.

(Ord. 387 § 1, 1996)

§ 21.30.090 Plan, design and parking.

(Ord. 387 § 1, 1996)

§ 21.30.110 Roof mounted equipment.

(Ord. 533 § 1, 2003)

§ 21.30.120 Solar energy systems.

Solar energy systems will be permitted on legal lots in the community commercial zone in accordance with the standards listed below:

(a)

(b)

Design Standards:

(1)

All solar collectors, plumbing, water tanks and support equipment shall be painted a color similar to the color of the roof upon which they are mounted.

(c)

(d)

(Ord. 533 § 1, 2003; Ord. 606 § 1, 2007)

Indian Wells City Zoning Code

CHAPTER 21

30 COMMUNITY COMMERCIAL ZONE DEVELOPMENT STANDARDS

§ 21.30.010 General.

(Ord. 387 § 1, 1996)

§ 21.30.020 Purpose.

The purpose of this zone is to provide regulations for the development of the commercial properties within the City, consistent with the historic low density residential character of the City.

(Ord. 387 § 1, 1996)

§ 21.30.030 Uses permitted.

The uses, and the accessory uses related thereto, permitted in this zone are subject to Conditional Use Permit and shall be limited to the following:

(a)

Auto service stations;

(b)

Bar, tavern, cocktail lounge;

(c)

Caretakers' quarters;

Churches;

Day care center;

Clinics;

Convalescent home;

Health clubs and reducing salons;

(i)

Hotel/resort hotel resort complex;

(j)

Manufactured structures;

(k)

Motion picture theaters;

(l)

Museum and art galleries;

(m)

Administrative, business and professional offices;

(n)

Private educational facilities;

(o)

Restaurants, sit down;

(p)

Retail and service businesses;

(q)

Utility buildings and facilities;

(r)

Recycling facilities (see Section 21.90.050);

(s)

Antenna (see Section 21.90.060); and

(t)

Sexually oriented business.

The uses, and the accessory uses related thereto, identified below are permitted uses not subject to a Conditional Use Permit and shall be limited to the following:
(a)	Emergency shelters.

(Ord. 387 § 1, 1996; Ord. 665 § 3, 2013; Ord. 674 § 7, 2013)

§ 21.30.040 Lot dimensions.

Each commercial lot shall have a minimum width of two hundred (200) feet and a minimum depth of two hundred fifty (250) feet.

(Ord. 387 § 1, 1996)

§ 21.30.050 Building setbacks.

The building setback minimums shall be as follows:

(a)

Adjacent to residential zoned property the minimum setbacks shall be the same as those required of the adjacent residential property.

(b)

Not adjacent to residential zoned property:

(1)

Front Yard. Fifty (50) feet;

(2)

Rear Yard. Sufficient distance to permit an approved fire access lane, generally twenty (20) feet; and

(3)

Side Yard. Adjacent to a property line, sufficient distance to permit an approved fire access lane, generally twenty (20) feet, otherwise per the Building Code.

(Ord. 387 § 1, 1996)

§ 21.30.060 Building floor area ratio.

The above-ground gross floor area of building (all buildings) divided by the total area of the lot upon which the building or buildings are located shall not exceed 0.75.

(Ord. 387 § 1, 1996)

§ 21.30.070 Building height.

The building height requirements shall be as follows:

(a)

Adjacent to residential zoned property, the height requirements shall be the same as those required of the adjacent residential property.

(b)

Not adjacent to residential zoned property: two (2) stories, not to exceed thirty (30) feet.

(Ord. 387 § 1, 1996)

§ 21.30.075 Development standards for emergency shelters.

(a)

An emergency shelter shall contain a maximum of twenty (20) beds.

(b)

The shelter shall operate only from 5:00 p.m. to 8:00 a.m.

(c)

The objective of the shelter is to assist clients in obtaining permanent housing, income and services.

(d)

Residency at the shelter is limited to a maximum of one hundred eighty (180) days.

(e)

(f)

Attention to the size and location of interior and exterior waiting areas shall be included in the design of the facility.

(g)

Exterior security lighting and appropriate off-street parking are required.

(Ord. 674 § 7, 2013)

§ 21.30.080 Walls.

Where a commercial development abuts a residential zone, a masonry wall six (6) feet in height shall be provided on the residential zone boundary.

(Ord. 387 § 1, 1996)

§ 21.30.090 Plan, design and parking.

(Ord. 387 § 1, 1996)

§ 21.30.110 Roof mounted equipment.

(Ord. 533 § 1, 2003)

§ 21.30.120 Solar energy systems.

Solar energy systems will be permitted on legal lots in the community commercial zone in accordance with the standards listed below:

(a)

(b)

Design Standards:

(1)

All solar collectors, plumbing, water tanks and support equipment shall be painted a color similar to the color of the roof upon which they are mounted.

(c)

(d)

(Ord. 533 § 1, 2003; Ord. 606 § 1, 2007)