Indian Wells City Zoning Code
CHAPTER 21
34 RESORT COMMERCIAL ZONE DEVELOPMENT STANDARDS
§ 21.34.010 General.
This Chapter contains the regulations for the Resort Commercial Zone established by the City. The regulations of this Chapter shall apply to all properties within the Resort 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)
§ 21.34.020 Purpose.
The purpose of this zone is to provide regulations for the development of the commercial resort properties within the City, consistent with the historic low density residential character of the City established over the past twenty-five (25) years.
(Ord. 387 § 1, 1996)
§ 21.34.030 Parcel size.
Each resort commercial project shall have a minimum site size of ten (10) acres.
(Ord. 387 § 1, 1996)
§ 21.34.040 Uses permitted.
All development in this zone shall be in accordance with a Master Development Plan. This plan shall be submitted to the City by the developer and shall be considered in accordance with the procedures provided in Sections 21.06.030 and 21.06.040.
The uses permitted in this zone are subject to a Conditional Use Permit and shall be:
(a)
Those uses which can be shown to make up the "resort experience," which may include, but are not necessarily limited to, hotels, conference and convention facilities, recreational facilities, restaurants, country clubs and golf courses.
(b)
Sexually oriented businesses.
(c)
Temporary uses including unpaved parking lots, agricultural uses, sod farms and similar facilities as determined by the Community Development Director.
(Ord. 387 § 1, 1996; Ord. 749 § 2, 2022)
§ 21.34.050 Development standards.
(a)
Purpose. The development standards applied to the proposed resort development shall be those which the City Council deems appropriate to:
(1)
Ensure the continued quality and image of the City as an international destination resort community;
(2)
Ensure the continued integrity of the low density residential character of the City;
(3)
Ensure the internal integrity, over time, of the proposed resort complex; and
(4)
The following standards shall apply to all properties within the Resort Commercial Zone situated south of Highway 111, except as otherwise provided for in this Code:
(i)
Minimum setback of any building shall be fifty (50) feet except if adjacent to a residential land use district, the minimum set back shall be not less than one hundred (100) feet.
(ii)
Unenclosed patios can be allowed if they are attached and an integral part of the building design as approved by the Architectural and Landscape Committee.
(iii)
Structure height shall be limited to a maximum of three (3) stories or thirty-seven and one-half (37 1/2) feet.
(5)
The following standards shall apply to all properties within the Resort Commercial Zone situated north of Highway 111, except as otherwise provided for in this Code:
(i)
Minimum setback of any building shall be fifty (50) feet except if adjacent to a residential land use district, the minimum setback shall be not less than two hundred (200) feet.
(ii)
Structure height shall be limited to a maximum of four (4) stories or fifty-two (52) feet, except as may be provided for under a Conditional Use Permit.
(b)
Standards for Incidental and Accessory Commercial Uses. Incidental and accessory commercial uses are permitted in connection with a hotel and/or resort hotel complex, subject to the following standards:
(1)
Street Entrances. There shall be no street entrances directly to such commercial uses;
(2)
Signs. All signs shall be for the hotel use only; the signs may state that a restaurant or the commercial facility is available. (See Title 17, Sign Regulations.)
(Ord. 387 § 1, 1996; Ord. 400 § 3, 1997; Ord. 606 § 1, 2007)
§ 21.34.060 Antenna.
Antennas subject to compliance with the minimum standards of development delineated in Section 21.90.060.
(Ord. 387 § 1, 1996)
§ 21.34.070 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).
§ 21.34.080 Solar energy systems.
Solar energy systems will be permitted on legal lots in the Resort 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)
