Indian Wells City Zoning Code
CHAPTER 21
50 WALLS, FENCES AND LANDSCAPING
§ 21.50.010 Purpose.
This Chapter is intended to provide for the regulation and height for walls and fences so as to permit the maximum of enjoyment, enhancement, and use of property and for the maximum of safety and general open street appearance for persons using sidewalks and streets related thereto.
(Ord. 387 § 1, 1996)
§ 21.50.020 Hazardous areas defined.
An adequate fence or wall may be required along the perimeter of any area which, by reason of the conditions on the property or physical hazards, such as frequent inundation, erosion, excavation, or grade differential, are considered by the Director of Community Development to be dangerous.
(Ord. 387 § 1, 1996)
§ 21.50.030 Construction and security fencing.
Chainlink or a material approved by the Community Development Director is required for temporary construction and security fencing for all construction sites, unless waived by the Community Development Director. A tan or green mesh material is required to be installed along the chainlink fence as a decorative and protective barrier. Permanent security fencing is not allowed unless approved by a conditional use permit.
(Ord. 387 § 1, 1996; Ord. 600 § 1, 2007)
§ 21.50.040 Protection of intersection visibility regulations.
The following regulations shall apply to the intersection of streets:
(a)
Corner Cutback Area. There shall be no visible obstructions as defined in this Chapter within the corner cutback area. The corner cutback area is defined as the triangle area created by a diagonal line connecting two (2) points equal distance from the corner on the intersecting curb line at a distance measured forty (40) feet back from the intersection of the prolongation of the front and sides curb lines.
(b)
Visual Obstructions. In the corner cutback area, visual obstructions are defined as any wall, fence, obstacle, mature landscaping or thing allowed, installed, set out or maintained which exceeds a height of three feet above the nearest pavement surface or to the existing traveled roadway where there is no pavement.
(c)
Exceptions. Visual obstructions shall not include existing or future permanent buildings, which are otherwise constructed or maintained in accordance with applicable zoning and building regulations; public utility poles, trees trimmed at the trunk at least eight (8) feet above the level of the reference point as defined herein provided trees are spaced so that trunks do not create a visual barrier, and official traffic or other governmental signs.
(Ord. 387 § 1, 1996; Ord. 489 § 2, 2001)
§ 21.50.050 Residential height standards.
(a)
Side and Rear Yards. Except as otherwise provided in this Section, a masonry block wall or fence may be provided along property lines to enclose side and rear yards.
(1)
Wall or Fence Height. Walls or fences shall not exceed a maximum height of six (6) feet unless approved pursuant to Section 21.06.050 of this Zoning Code. The height of any wall or fence within a side and rear yard shall be measured from the finished grade at the base of the wall or fence. If fill is backed up against a wall or fence, the top of the fill shall establish the finished grade for the purpose of computing permitted wall or fence height.
(2)
Required Screening Walls. There shall be a masonry block wall or fence of sufficient height around any trash area, air conditioning compressor, swimming pool or therapy pool equipment, or any exposed equipment and/or tanks to effectively screen such equipment from view off-site.
(b)
Front Yards. No walls or fences shall be permitted in the first ten (10) feet on any front and side front (side street) building setback area. Planters, fountains and similar architectural amenities may be located within ten (10) feet of the front property line but shall not exceed three (3) feet in height. Mailbox stands, lights and other such isolated structures may be located within ten (10) feet of the front property line but shall not exceed five (5) feet in height nor shall they exceed eighteen (18) inches in width or depth. No walls or fences exceeding five (5) feet in height shall be permitted in the second ten (10) feet of any front and side front (side street) building setback area. Walls located in the side yard adjacent to a public rights-of-way outside of the required front yard set back area shall be a maximum of six (6) feet in height. The height of any walls or fences permitted in the front and side building setback area shall be measured from the grade at the location the wall is constructed. Notwithstanding any restrictions mentioned in this situation, walls and fences in any required setback area may not exceed six (6) feet in height, unless approved pursuant to Section 21.06.050 of this Zoning Code.
(c)
Existing Walls and Fences. Notwithstanding the above provisions, pre-existing nonconforming walls and fences shall be permitted to remain unless or until twenty-five (25) percent or more of said wall or fence is to be repaired, reconstructed, remodeled or replaced or is in need of repair, reconstruction, remodeling or replacement. At such time, all such pre-existing nonconforming walls and fences must be brought into compliance with Sections 21.50.040, 21.50.050, and/or 21.50.060.
(d)
Tennis Courts. To enclose tennis courts, otherwise permitted by this Code when constructed a minimum of six (6) feet below grade, walls may exceed six (6) feet in height provided that the height of the wall enclosing said court shall not exceed six (6) feet above surrounding grade from which the tennis courts surface elevation has been measured.
(e)
Exceptions. The foregoing provisions shall not apply to the following: (1) Permanent building existing on the effective date of the ordinance codified in this Zoning Code; (2) utility poles; (3) trees trimmed at the trunk line at least eight (8) feet above the level of the intersection; and (4) supporting members or appurtenances to permanent existing buildings protected by official warning signs or signals.
(f)
Acceptable Materials. Except as otherwise provided for in this Section, all walls and fences shall consist of masonry or similar materials. As used in this Section, similar materials are limited to those materials approved by the Planning Commission.
(1)
Wrought Iron or Similar Material Fencing. Notwithstanding the previous Section, wrought iron or similar materials may be used as a wall or fencing material only along the rear and side lot lines within the rear yard setback of a lot that abuts a golf course fairway (fairway lot), watercourse area or common open space.
(2)
Acceptable Tennis Court Wall or Fence Materials. Wrought iron or similar materials may be used as fencing to secure a tennis court approved in accordance with Section 21.20.120. However, the materials shall not be used in any instance in the construction of the required screening wall and fences as specified in Section 21.20.120(c).
(g)
Prohibited Wall and Fence Materials/Chain Link Fencing. Wood walls or fences and chain link mesh or wire walls or fences shall not be permitted except as necessary to temporarily enclose hazardous areas as defined in Section 21.50.020 or for temporary security fencing as defined in Section 21.50.030. Barbed wire, razor wire, or similar materials shall not be used in any instance unless approved by the Community Development Director to be necessary as part of a fencing plan pursuant to Section 21.50.020 or 21.50.030. The above limitations shall not apply where the prohibited wall or fence material is required by a federal law, State law, or a condition of project approval.
(h)
General Wall and Fence Design Standards. Construction materials and finishing treatments of all property line walls, screen walls, garden walls, or raised planters should be selected for their compatibility with the project architecture, not detract from the overall design of the project, and be compatible with any adjoining wall(s) and/or neighboring structures.
(1)
Additions to Existing Walls. Additions to existing walls must be compatible with the existing material and design of the wall resulting in a seamless addition to the existing wall.
(2)
Design Enhancements for Walls. To provide design interest, the use of inset tile bands, reveals or similar such treatments is encouraged. The use of materials and finishing treatments such as slump stone or cement block with stucco, plastered, or rake finish is encouraged.
(3)
Walls Facing Unimproved Lots. All side and rear yard property line walls facing unimproved adjacent lots must be painted or finished in a manner complimentary to the desert environment. Exposed standard gray block is prohibited.
(4)
Dual Property Line Walls. Dual side and rear yard property line walls are prohibited, unless approved or required by the City's Engineering, Planning, or Building Departments.
(Ord. 387 § 1, 1996; Ord. 406 § 3 Exhibit A, 1997; Ord. 437 §§ 2—5, 1998; Ord. 499 § 1, 2002; Ord. 541 § 1, 2003; Ord. 558 § 1, 2004; Ord. 573 § 1, 2005)
§ 21.50.051 Hedge or screen planting height standards.
(a)
Application. Other than a hedge and/or screen planting within a front yard setback area which shall be governed by subsection (c) of this Section, no hedge within a building setback area on any single-family residential lot shall exceed nine (9) feet in height measured from the finished grade, as described in subsection (d)(1) and (2) of this Section. This limitation shall be applicable only to any hedge and/or screen planting located adjacent to a single-family residential lot.
(b)
Definition. For the purposes of this Section, "hedge" and/or "screen planting" shall mean a dense row of trees or shrubs forming into a substantially solid, opaque screen that excludes visual contact between uses (i.e., properties) and creates a strong impression of spatial separation. Individual shrub and vine height standards are found in Section 21.50.053.
This is a screen: | This is NOT a screen: |
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(1)
Individual planted trees or shrubs shall not be considered a hedge and/or screen if sufficient distance is maintained between them to prevent branches (vegetation) from touching and intertwining with one another.
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(2)
A row of palm trees (date palms, fan palms, etc.) shall be excluded from the provisions of this Section.
(c)
Allowed Height.
(1)
Front and Side Front (Street Side) Yards, Between the Curb and Setback. For only hedge or screen planting located adjacent to a single-family lot, neither hedge(s) nor screen planting(s) exceeding three (3) feet in height shall be permitted between the curb and the first ten (10) feet of any front and side front (side street) building setback area.
(2)
Front and Side Front (Street Side) Yards, Beyond the Setback Area. For only hedge or screen planting located adjacent to a single family lot, hedge(s) and screen planting(s) may not exceed nine (9) feet in height beyond the first ten (10) feet of any front and side front (side street) building setback area, as measured from property line.
(3)
Side (Interior) and Rear Yards. Neither hedge(s) nor screen planting(s) shall be allowed to exceed nine (9) feet in height within the side and rear yard building setback area. This limitation shall only be applicable only to hedge or screen planting located adjacent to a single family residential lot.
(d)
Measurement of Hedge or Screen Planting Height.
(1)
The height of any hedge(s) or screen planting(s) permitted within any building setback area shall be measured from the finished grade at the base of the hedge or screen planting (vegetation). Measurement shall be from the lowest point of the grade, level straight across the hedge, so as not to create a wavy or rollercoaster effect in the hedge.
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(2)
In building setback areas, the height of any hedges(s) or screen planting(s) planted on top of a berm or within a raised planter, shall be measured from the finished grade along the base of said berm or raised planter or adjacent property line wall, where such wall can be constructed (whichever is lowest) on the property in question.
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(4)
Determinations. The Community Development Director or Code Enforcement Officer shall, upon written request of an owner having charge of any premises, determine whether the measurement of a hedge is in compliance with the provisions of this Section. Any decision of the Community Development Director or Code Enforcement Officer may be appealed to the Planning Commission in accordance with the appeal procedures set forth in Section 21.06.110.
(e)
Nuisances. It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the City to maintain such premises in such manner that is in violation of, or failure to comply with any provisions of this Section.
(f)
Enforcement. Upon written complaint from a property owner, homeowners' association or a person directly affected by a hedge(s) or screen planting(s), or upon independent investigation, the Community Development Director or Code Enforcement Officer may determine that such hedge(s) or screen planting(s) is maintained contrary to one (1) or more of the provisions of this Section and may cause the abatement thereof pursuant to Section 1.20.040.
(Ord. 406 § 3 Exhibit, 1997; Ord. 602 § 2, 2007; Ord. 632 § 1, 2009; Ord. 652 § 1, 2011; Ord. 720 § 11, 2019)
§ 21.50.053 Individual shrub height and vine height standards.
(a)
Definitions. For the purposes of this Section, "shrub" means an individual evergreen or deciduous woody plant with several main stems or branches arising from or near the ground in contrast with the single main stem or trunk of a tree, and is capable of reaching a height of three (3) feet or more at maturity. An individual tree including any type of palm tree (date palm, fan palm, dwarf palm, etc.), succulent, cacti or any type of native or desert shrubbery (i.e., ocotillo, etc.) shall be excluded from the provisions of this Section. A "vine" means any herbaceous or woody species of plant having a long, slender stem that trails or creeps on the ground or climbs by winding itself about a support.
(b)
Allowed Height.
(1)
Front and Side Front (Street Side) Yards, Between the Curb and Setback. For only shrub(s) or vines located adjacent to a single-family lot, no shrub(s) or vines exceeding three (3) feet in height shall be permitted between the curb and first ten (10) feet of any front and side front (side street) building setback area, as measured from the property line.
(2)
Front and Side Front (Street Side) Yards, Beyond the Setback. For only shrub(s) or vines located adjacent to a single-family lot, no individual shrub(s) shall exceed nine (9) feet in height within the front and side front (side street) building setback area; although, individual shrub(s) or vines planted within three (3) feet of a legally conforming building or structure, shall be allowed to grow to a height no higher than the maximum building height allowed at the minimum front and side front (side street) building setback, as specified in the development standards (i.e., land use category or zone) for which the property is located.
(3)
Side and Rear Yards. No individual shrub(s) or vines shall be allowed to grow nine (9) feet in height within the front and rear building setback area. Individual shrub(s) or vines planted within three (3) feet of a legally conforming building or structure, shall be allowed to grow to a height no higher than the maximum building height allowed at the minimum side or rear building setback, as specified in the development standards (i.e., land use category or zone) for which the property is located.
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(c)
Measurement of Shrub or Vine Height.
(1)
The height of any shrub(s) or vines permitted within any building setback area shall be measured from the finished grade at the base of the shrub or vine (vegetation). Measurement shall be from the lowest point of the grade.
(2)
In building setback areas the height of any shrub(s) or vines, planted on top of a berm or within a raised planter, shall be measured from the finished grade along the base of said berm or raised planter or adjacent property line wall, where such wall can be constructed (whichever is lowest) on the property in question.
(4)
Determinations. The Community Development Director or Code Enforcement Officer shall, upon written request of an owner having charge of any premises, or the Code Enforcement Officer, determine whether the measurement of a shrub is in compliance with the provisions of this Section. Any decision of the Community Development Director or Code Enforcement Officer may be appealed to the Planning Commission in accordance with the appeal procedures set forth in Section 21.06.110.
(d)
Nuisances. It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the City to maintain such premises in such manner that is in violation of, or failure to comply with any provisions of this Section.
(e)
Enforcement. Upon written complaint from a property owner, homeowners' association or a person directly affected (such as impaired views, impaired sunlight, or other diminished benefits) by a hedge(s) or screen planting(s) or upon independent investigation, the Community Development Director or Code Enforcement Officer or designee may determine that such shrub(s) or screen planting(s) may be maintained contrary to one (1) or more of the provisions of this Section and may cause notice to be given of a public hearing to determine whether the same does in fact constitute a public nuisance, the abatement of which is appropriate under the police power of the City.
(Ord. 406 § 3 Exhibit, 1997; Ord. 541 § 1, 2003; Ord. 602 § 2, 2007; Ord. 652 § 2, 2011; Ord. 720 § 11, 2019)
§ 21.50.054 Measurement of vine.
(a)
The height of any vine permitted within any building setback area shall be measured from the finished grade at the base of the vine (vegetation). Measurement shall be from the lowest point of the grade.
(1)
In building setback areas the height of any vine, planted on a berm or within a raised planter, shall be measured from the finished grade at the base of the berm, planter or adjacent property line wall or where such wall can be constructed.
(2)
Notwithstanding any restrictions mentioned in this Section, a vine in any required setback area may not exceed those height limitations as established in Section 21.50.053(b), unless approved pursuant to Section 21.06.050 of this Zoning Code.
(3)
Determinations. The Planning Director shall, upon written request of an owner having charge of any premises, or the Code Enforcement Officer, determine whether the measurement of a vine is in compliance with the provisions of this Section. Any decision of the Planning Director may be appealed to the Planning Commission in accordance with the appeal procedures set forth in Section 21.06.110.
(4)
Conditions that are Nuisances. It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the City to maintain such premises in such manner that is in violation of, or failure to comply with any provisions of this Section.
(5)
Enforcement. Upon written complaint from a homeowners' association or a person directly affected (such as impaired views, impaired sunlight, or other diminished benefits) by a vine or screen planting(s) or upon independent investigation, the Code Enforcement Officer or designee may determine that such a vine or screen planting(s) may be maintained contrary to one (1) or more of the provisions of Section 21.50.053 and may cause notice to be given of a public hearing to determine whether the same does in fact constitute a public nuisance, the abatement of which is appropriate under the police power of the City.
(Ord. 406, § 3, 1997; Ord. 541 § 1, 2003)
§ 21.50.060 Nonresidential height standards.
Perimeter walls for nonresidential developments shall be installed as required by the development standards of the zoning designation within which the property is located and/or as required by the Planning Commission and City Council.
(Ord. 387 § 1, 1996)
§ 21.50.065 Screening of utility and solid waste facilities.
All utility appurtenances and solid waste handling areas shall be effectively screened from off-site views by a solid wall enclosure of sufficient height to obscure off-site views. The enclosure shall be comprised of the same material and color as the main structure.
(Ord. 387 § 1, 1996)