Indian Wells City Zoning Code

means the place 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 Zoning Code.

means habitable space attached to a single-family dwelling unit or within a detached structure located on the same residential lot. Accessory living quarters include temporary living, sleeping, and restroom facilities which may not include a kitchen or other facilities for preparation of food. Accessory living quarters are subject to the requirements of Chapter 21.80.

means a non-habitable building or structure or a part thereof which is subordinate to and the use of which is incidental to, that of the main building, structure or use on the same lot.

means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or buildings which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.

means housing made available to persons and families qualifying as very low, low or moderate income households as defined by the California Health and Safety Code and shall refer to the developer agreement and incentive programs set forth in Section 65915, California Government Code.

means flower and vegetable gardening, nurseries and greenhouses for the purpose of propagating and cultivating, provided that no business shall be carried on upon the premises, and no obnoxious fertilizer or soil renovation materials shall be stored on the premises. It is specifically prohibited for any person to use, ride, drive, herd, keep, or permit the keeping of or maintenance of any hogs, goats, sheep, donkeys, horses, cattle, or wild animals of any type whatsoever, or rabbits, chickens, pigeons or other fowl; provided however, that horses or cattle may be authorized by the City Council under special and unusual conditions, such as, but not limited to, sporting events and farming requirements, given satisfactory compliance with appropriate requirements to protect the public health, safety and welfare. Agriculture shall include farmworkers housing as outlined by California Health and Safety Code Sections 17021.5 and 17021.6.

means a public way, other than a street, road, highway, or freeway, permanently reserved as a secondary means of vehicular access to adjoining properties.

means any building or part of a building having one (1) or more mechanical or electronic games or similar player-operated amusement devices.

means any phase of amusement not conducted wholly within a completely enclosed building.

shall mean accessory uses and facilities that are directly related to the operation and maintenance of a golf course and that are located on the same site as, and operated in conjunction with, a golf course or golf clubhouse facility. "Ancillary golf facilities" include, but are not limited to: pro shop, golf merchandise store, maintenance and operations facilities, cart barns, equipment and materials storage; restrooms; snack-shacks, restaurants, and similar limited food and beverage service located within a clubhouse or golf facility; locker rooms; meeting or event spaces located within a clubhouse or golf facility; golf instruction or training facilities; and parking areas.

means living quarters which are attached or detached to a primary dwelling unit and includes both "accessory living quarters" and "second dwelling units" subject to the requirements of Chapter 21.80.

means a room or suite of rooms occupied or suitable for occupancy as a residence for one (1) family.

means projections or appurtenances on buildings which provide visual variation and/or relief but do not serve as living or working space.

means the entire area within a single continuous perimeter composed of squares or rectangles which encloses the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame, background area of sign, structural trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one (1) exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports or uprights on which any such sign is supported shall not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the display.

means a lot or portion of a lot used for the servicing of motor vehicles. Such servicing may include sale of motor fuels and oils, lubrication, car washing (with no steam equipment), waxing and polishing, sale and service of tires, tubes, batteries, and the service of auto accessories. Such servicing shall not include tire recapping, sale of major auto accessories, brake and wheel repair or parts, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstery, installation of auto glass or other such services and operations.

means a structure or tenant space in a structure used primarily for the sale or dispensing of alcoholic beverages for consumption on the premises. (Also includes "Tavern," "Cocktail lounge.")

is defined and regulated by Chapter 5.24 of the City Municipal Code.

means all property fronting on one (1) side of a street between a street and right-of-way, waterway or between intersecting or intercepting streets, the end of a dead-end street or a City or County boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

means a dwelling where two (2) or more of its occupants are subject to separate rental agreements, leases, or subleases, either written, oral, or implied; or the occupants do not operate as a single housekeeping unit.

is synonymous with structure and means that which is framed, erected, constructed or affixed, temporarily or permanently, on a parcel of land. Driveways or walks not more than six (6) inches higher than the ground on which they are located shall not be considered buildings.

means the sum in square feet of the areas of the horizontal projections of all buildings on a lot excluding porches, carports, garages, open pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces, patios, unenclosed private balconies not used for access and minor ornamental features projecting from the walls of the building which features are not directly supported by the ground.

means the vertical distance measured from the pad elevation to the highest point of the building or roof.

means a building where the primary use of a site is conducted.

means any structure used for automobile shelter excepting a legal garage.

means any building or land or portions thereof used for the business of washing, waxing or cleaning of automobiles or similar light vehicles.

means a permanently located building, by whatever name referenced, together with its accessory buildings and uses, where people regularly assemble for worship and which, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

means the City of Indian Wells, California. With respect to the implementation of development regulations described herein, "City" means the appropriate City Department Head.

means an institution providing human health services or medical or surgical care for outpatients only, and where overnight facilities are not provided.

means an association of persons organized for a common purpose excluding groups organized primarily to render a service carried on as a business for profit.

means an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

means any condominium hotel that is intended for transient use and is limited in its stay as described in Chapter 21.33 and subject to the provisions of Chapter 3.12 (Transient Occupancy Tax). A condominium hotel is a commercial use and can only be located within the Resort Commercial Zone. Additionally, a condominium hotel is not considered residential property and therefore may not be used as a permanent place of residence.

means any condominium hotel unit that is intended for transient use and is limited in its stay as described in Chapter 21.33 and subject to the provisions of Chapter 3.12 (Transient Occupancy Tax). A condominium hotel unit is a commercial use and can only be located within the Resort Commercial Zone. Additionally, a condominium hotel unit is not considered residential property and therefore may not be used as a permanent place of residence.

means a trailer used as an on-site office or storage during actual construction of an approved building site.

means a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the County of Riverside, which provides bed and ambulatory care for patients with post-operative convalescent, chronic illness or dietary problems, and persons unable to care for themselves. (Includes "Nursing Home" "Rest Home" and "Home for the Aged.")

shall mean recreational uses and facilities that are customarily incidental and operated in conjunction with a country club or golf clubhouse facility on the same site. "Recreational uses" include, but are not limited to: racquet or paddle sports courts, including tennis or pickleball, and related facilities; bocce ball; shuffleboard; swimming pools and spas and related deck seating areas; walking paths; and similar recreation amenities associated with country clubs and golf courses.

means any facility of any capacity other than a large or small family day care home in which less than twenty-four (24) hour per day non-medical care and supervision is provided for children in a group setting.

means a home which provides family day care to seven (7) to twelve (12) children, inclusive, including children who reside at the home, as defined by the State Department of Social Services.

means a home that provides family day care to six (6) or fewer children, including children who reside at the home, as defined by the State Department of Social Services.

means any paving or portion thereof, used exclusively for residential purposes to provide access between the street and the required two (2) car garage for all residential dwelling units.

means any paving or portion thereof, used exclusively for residential purposes with two (2) different connections to a street, or between different streets for corner lots. It may or may not provide access to the required two (2) car garage for all residential dwelling units.

means a building, or any portion thereof, that is designed, built, and used for residential purposes by a single housekeeping unit.

means one (1) or more rooms in a dwelling used for occupancy for one (1) family for living or sleeping purposes and having not more than one (1) kitchen.

means a school organized for the teaching and study of a curriculum at least equivalent to that required in corresponding grades of a public school or an institution empowered to confer degrees equivalent to the degrees conferred by public schools in special departments such as law, medicine, engineering, theology and the arts.

means a scale drawing of the front, rear or sides of a building.

means immediate and short-term housing with supportive services for homeless persons that is limited to occupancy of six (6) months or less. No individual or household may be denied emergency shelter because of an inability to pay.

is defined and regulated by Chapter 5.24 of the City Municipal Code.

mean lots which abuts a golf course development and have their rear yard coterminous with the golf course fairway.

means a barrier of any material or combination of materials constructed to enclose or screen areas of land. (Also includes "Wall.")

means a business or institution engaged in monetary transactions such as banks, brokerage houses, lending, and savings and loan institutions.

means a lot with developable area connected to a street by a narrow strip of land (private right-of-way) that includes a driveway.

means the entire floor area within the exterior walls of a roofed building, excluding the garage area.

(FAR) means the mathematical relation between volume of building and unit of land, determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

means that portion of a parcel of property which abuts a public right-of-way, measured along the actual or proposed street line.

means an open space contiguous to the front line of a lot and extending from side line to side line thereof, and from the front line to any building located on the lot.

means any building or part thereof with a permanent roof and at least three (3) enclosed sides and a door which is used for automobile and/or golf cart parking.

shall mean a lot or portion of a lot designed and used primarily for playing golf that contains the golf course play area, including pitch and putt courses. The term shall include:

shall mean an area designed and used for practicing the game of golf and shall consist of one or more of the following: practice putting greens, chipping areas, bunkers, and driving ranges. A "golf practice area" is a facility that is accessory to and operated in conjunction with a golf course or golf clubhouse facility on the same site. A golf practice area does not include gamified, commercial entertainment enterprises, including, but not limited to: Topgolf-type facilities, miniature golf, or other similar golf-themed commercial entertainment venues.

means the use of buildings or land by any agency of the government.

means any transient person who occupies a room for sleeping purposes.

means a structure or facility designed and/or maintained for regular and frequent human occupancy, even if only temporary. The focus of this definition are those spaces intended for occasional human occupancy as opposed to those intended for regular occupancy such as a residence, office, store, hotel, etc.

Examples: (Not Inclusive) lobby, telephone booth, detached rest rooms, storage shed, a machinery room wherein maintenance and service are regularly carried out, a pedestrian tunnel.

means a commercial facility providing instruction and/or equipment designed to promote or improve the health of the clients. This shall not include programs, equipment or services related to any use regulated by Chapter 5.24 of the City Municipal Code (e.g., massage, bathhouse, escort or introductory services).

means any building or portion thereof used for the accommodation and the medical or surgical care of sick, injured or infirm persons including skilled nursing facilities.

means any building or group of buildings, or a portion thereof, containing twenty-five (25) or more guest room accommodations intended for use by guests for compensation and any incidental or accessory commercial uses providing additional guest services subject to the limitations of Chapter 21.34.

when used in conjunction with a condominium hotel mean any unit that is intended for transient use and is limited in its stay as described in Chapter 21.33. Any unit/housing unit within a condominium hotel is a commercial use and can only be located within the Resort Commercial Zone. Additionally, a unit/housing unit within a condominium hotel project is not considered residential property and therefore may not be used a permanent place of residence.

means a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied (or if vacant, is intended for occupancy) as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall.

is defined and regulated by Chapter 5.24 of the City Municipal Code.

means any lot or portion of a lot used for the dismantling of machinery, including motor vehicles or used for the storage or sale of parts resulting from such dismantling or wrecking or for the storage or keeping junk of any kind whatsoever.

means a room with permanent provisions for and used for cooking and the preparation of food.

means a designation established by this Zoning Code including land use and development standards which regulate development on a parcel of land.

means the planting and continued maintenance of suitable plant materials or a combination of plant materials or a combination of plant materials with minimum areas of paving, gravel or other dust-free material including an adequate irrigation system.

means the rental of a residential dwelling unit by the owner thereof to another party for a continuous period of thirty (30) or more days in the aggregate, in exchange for any form of monetary or non-monetary consideration such as, but not limited to, trade, fee, swap or any other in lieu of cash payment.

means a parcel of land occupied or to be occupied by a use, building or unit, group of buildings and accessory buildings together with such yards, open spaces, lot width and lot area as are required by this Zoning Code and having a frontage on a right-of-way other than an alley or a private easement determined by the City Council to be adequate for the purposes of access.

means the total horizontal area within the lot lines of a lot.

means a lot abutting on and at the intersection of two (2) or more streets.

means an interior lot other than a corner lot.

means any lot where the side property abuts the rear property line of one (1) or more other lots and where the lots are not separated by an alley or any other public way.

is defined as 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.

means any structure which is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and placed on a foundation system, pursuant to the Health and Safety Code.

is defined and regulated by Chapter 5.24 of the City Municipal Code.

means any machines, apparatus, contrivance, appliance or device which may be operated or played upon placing or depositing therein of any coin, check, slug, ball or any other article or device, or by paying therefore either in advance of or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, bowling game machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device.

refers to completed dwellings or residential structures with the following characteristics: (a) the dwellings or residential structures must be completed, and the dwellings or residential structures have final inspection approvals from the Building and Safety, Engineering and Planning Departments; and (b) the dwellings or residential structures are intended to be temporarily utilized as an example of other buildings which are existing or proposed to be built in the same subdivision.

means a particular use of a building, land or other improvement thereon which does not conform with the provisions of this Zoning Code and which lawfully existed at the time the provisions with which it does not conform became effective.

means a business, institution, or use engaged in providing private banking services in an office development or professional building setting. The uses are not open to the general public and provide, by professionals, financial and legally related financial management services on an individual basis. The use is appropriate within the "Offices, Administrative, Business, and Professional" land use category and not in the "Retail and Service Businesses" land use category.

means a structure or facility designed and/or maintained for a use which does not require nor encourage regular human visitation, even temporary.

Examples: (Not Inclusive) A remote control facility requiring minimal maintenance of service, a public facility such as a sewer line or water tank which has access provisions but is entered only for infrequent inspection and repair, a facility designed for mechanical access only.

means a structure or structures which are used to perform the following business and professional services: doctors, dentists, chiropractors, optometrists, pharmacies, medical and dental laboratories, secretarial and clerical services, architects, law offices, non-commercial banks, engineering, community planning, and other administrative or professional offices.

means a sign which has a surface sign space on which advertising may be posted, painted, or affixed, and which is primarily designed for the rental or lease of such space for advertising not relating to the use of the property upon which the sign exists.

means the same as "lot."

means a readily accessible area, within a building or private or public parking area exclusive of streets, driveways, ramps, columns and working areas maintained exclusively for the parking of one automobile and/or golf carts.

means the principal single-family dwelling unit located on a lot which may contain ancillary quarters, including accessory living quarters or a second dwelling unit.

means any use that establishes the approved land use (primary use). Primary uses may be approved but subject to a Conditional Use Permit as defined within the appropriate land use section of the municipal code.

means a development not open to the public and to which access is restricted by means of a guard or mechanical gate only to members, owners and guests of said development and to which development is further restricted by either an architectural committee or property owners association.

means an open area, other than a street or a private parking area, used for the parking of five (5) or more automobiles. "Private parking area" means a privately owned open area, other than a street, used by the public for the parking of five (5) or more automobiles.

means an open space contiguous to the rear line of a lot and extending from side line to side line thereof and from the rear line to any building on the lot. On a corner lot, the rear yard shall extend from the side line of the lot to the side yard of the lot which abuts the street.

means a parcel of land as shown with a separate and distinct number or letter on a map of record of the subdivision of the tract in which the lot is situated.

means tennis courts and other recreational facilities other than swimming pools, including incidental limited commercial uses commonly associated with and directly related to the primary permitted uses.

means a development with multiple dwelling units sharing common walls. For purposes of ancillary quarters, an attached unit may be completely within an existing principal building or added to an existing principal building, provided that both units are attached by a common wall and are contained within one structure.

means a development with each dwelling unit situated on a residential lot of record and no lot containing more than one (1) dwelling unit, except where Ancillary Quarters are approved per Chapter 21.80.

means a development design technique that concentrates buildings in a specific area on a site to allow the remaining land to be used for recreation, common open space, or preservation of environmentally sensitive areas. where the density in the developed portions of the site may be higher but the overall gross density is within that allowed by the zone. Cluster development can include detached or attached units as allowed by the zone subject to approval by the City Council of a CUP.

means a development consisting of two (2) or more hotels and associated commercial and recreational facilities, which associated facilities shall not be subject to the limitations upon hotels set forth in Section 21.08.290. A resort complex shall take access from public roadway system at specifically approved locations. Uses within the resort complex shall not front onto nor take direct vehicular or pedestrian access from the surrounding public roadways.

means businesses which are oriented toward serving the needs of residents or employees of the area.

Examples: (not inclusive) retail stores, banks and financial institutions, administrative offices, professional offices, insurance offices, barber and beauty shops, restaurants, florists, interior decoration and home accessory shops, markets, grocery and fruit stores, meat and delicatessen stores (provided no poultry or rabbits are kept or slaughtered on the premises), liquor stores, clothing stores, jewelry stores, cocktail lounges, plant nurseries (retail), radio appliances, sales and repair, travel agencies, and variety stores.

means a secondary but independent living facility which is located or established on the same lot as the primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation. A second dwelling unit may be attached, and become part of the main building on the premises, or be in a detached structure. Second dwelling units are subject to the requirements of Chapter 21.80.

means any use that is approved in conjunction with a primary use that may be operated in conjunction with a primary use. A secondary use does not alter the primary (principal) use of the subject lot or affect other properties in the zone. Secondary uses may be approved but subject to a Conditional Use Permit as defined within the appropriate land use section of the Municipal Code.

means the line which defines the depth of the required front, rear or side yard. The setback line shall be parallel with the property line or street line removed therefrom by the perpendicular distance prescribed for the yard in the zone in which the parcel is located. The setback line shall be measured from the edge of the ultimate road right-of-way as established in the circulation element of the General Plan.

is defined and regulated by Chapter 5.30 of the City Municipal Code.

means the rental of a residential dwelling unit by the owner thereof to another party for a continuous period of less than thirty (30) days in the aggregate, in exchange for any form of monetary or non-monetary consideration such as, but not limited to, trade, fee, swap or any other in lieu of cash payment. Short-term residential rentals are subject to the City's business license requirements (see Title 5, Indian Wells Municipal Code) and are subject to the City's transient occupancy tax (see Title 3, Indian Wells Municipal Code).

means an open space contiguous to the side line of a lot and extending from the required front yard to the required rear yard or if no rear yard to the rear line of a lot and from the side line to any building on said lot. In the case of a corner lot, the side yard adjoining the street line shall extend the full length of the lot.

means a structure that provides living units that have separate sleeping areas and some combination of shared bath or toilet facilities. The structure may or may not have separate or shared cooking facilities for the residents. SRO units include structures commonly called residential hotels.

means the use of a dwelling unit that satisfies each of the following criteria:

mean: (1) Any solar collector, other solar energy device, or photovoltaic cells whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating; or (2) any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

means any commercial, paid or fund raising activity which includes temporary parking, storage, placement, or construction of displays, structures, facilities, machinery, or vehicles on public property, private property designated for other uses in accordance with City approval, or which may cause the capacity of existing City approved facilities to be exceeded or which may temporarily require significant public services.

Examples: (not inclusive) golf and tennis tournaments, major conventions, temporary parking facilities (excluding temporary long-term facilities, temporary long-term parking), automobile shows and auctions, outdoor celebrations, demonstrations, art shows, festivals, religious events, musical concerts, artistic shows and pageants, fireworks public displays, and major sporting events.

means that portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above it, the space between such floor and the ceiling next above it.

means a public thoroughfare, avenue, road, street or other public or private way providing the primary roadway to and egress from the property abutting thereon.

has the same meaning as in California Government Code Section 65650(a), as it may be amended from time to time.

is any commercial, paid or fund raising activity which includes temporary parking, storage, placement, or construction of displays, structures, facilities, machinery, or vehicles on public property, private property designated for other uses in accordance with City approval, or which may cause the capacity of existing City approved facilities to be exceeded or which may temporarily require significant public services or short-term activities or uses that are established for a limited period of time.

Examples: (not inclusive) golf and tennis tournaments, major conventions, temporary parking facilities, auctions, outdoor advertising in conjunction with a temporary use, celebrations, award or recognition ceremonies, demonstrations, art shows, festivals, religious events, musical concerts, artistic shows, ice-rink shows, pageants, public fireworks displays (aerial), hot-air balloon displays, trade shows, or other related outdoor sales events, and other major sporting events.

means one in which a person or entity receives the right or entitlement in perpetuity, for life or for a term of years or other extended term of the recurrent, exclusive use, right to use or occupancy of a lot, parcel, unit room(s), hotel or portion thereof, or segment of real property annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the time share program which is involved has been divided. The right or entitlement to occupancy may attach in advance to a specific lot, parcel, unit, room(s), or portion of a hotel or segment of real property, or may involve designation or selection of the same at a future time or times. The interest obtained or owned by the occupant may be pursuant to a fee, lease, contractual right of exclusive occupancy, vacation license, prepaid hotel, reservation, club membership, limited partnership, vacation bond or otherwise.

means the tax levied by the City in accordance with Chapter 3.12 of the Municipal Code. This tax is levied upon individuals or businesses engaged in the sale of sleeping accommodations to the public.

has the same meaning as in California Government Code Section 65582(j), as it may be amended from time to time.

means the purpose for which land or a building is arranged, designed or intended or for which either land or buildings are or may be occupied or maintained.

means the use of any building or land for a business or service involved in the maintenance, sales, or repair of vehicles.

means any facility designed and/or maintained for the purpose of conveying water run-off. As used herein, the term shall refer to the Whitewater Channel, the Deep Canyon Channel and all major tributaries thereto.

If a question arises as to the application of this term within the City limits, the City Engineer in consultation with the Community Development Director and representatives of the Coachella Valley Water district shall resolve the application.

mean any device that is categorized as a non-solar renewable energy wind powered device that is used to generate output, grid connection, direct hearing, pumping and/or electrical power for residential or commercial use and has any moveable component such as, but not limited to, blades, fins, turbine(s), welds or rotors.

means a zoning district, as defined in the State Conservation and Planning Act as shown on the City zone map and as defined and used in this Zoning Code.