Indian Wells City Zoning Code
CHAPTER 21
90 ADDITIONAL USE REGULATIONS
§ 21.90.010 Temporary uses during construction.
(a)
Temporary Use of a Mobile Home. Temporary use of a mobile home as a construction office or storage facility during construction is permitted subject to the following conditions:
(1)
The mobile home shall be on the same tract and shall be in a place concurrent with the construction of a main building.
(2)
A sewage disposal system meeting the requirements of the Community Development Director shall be installed.
(3)
The mobile home shall be removed upon issuance of certificates of use and occupancy for the main building.
(b)
Continued Use of an Existing Building During Construction. Continued use of an existing building during construction of new building on the same site. The use of an existing, lawfully established building may continue during the construction or relocation of another building on the same building site if the Community Development Director finds that:
(1)
The continued use of the existing building does not constitute a hazard to the health, safety or welfare of any individual or the general public; and
(2)
Prior to the occupancy of a new building, the existing building will be brought into conformity with any applicable regulations. Conformity will be accomplished by removal, reconstruction, relocation, conversion or change of use. The Director of Community Development may require the landowner to provide a guarantee to ensure full compliance with this Zoning Code upon completion of the new building or sooner if, in the director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.
(c)
Temporary Use for Residential Purposes. Temporary use of any structure, mobile home or vehicle for residential purposes is prohibited.
(d)
Temporary Trash Containers, Toilets and Power Poles. Temporary trash containers, toilets and power poles shall be permitted on a construction site during construction in accordance with a site plan (to scale or fully dimensioned) showing the location of same and approved by the Community Development Director. The Community Development Director shall ensure subject items are located and/or screened to minimize their negative impact on the surrounding uses.
(e)
Temporary Storage of Construction Materials, Equipment, Vehicles and Excavation Dirt. Temporary storage of construction materials, equipment, vehicles and excavation dirt shall be permitted on the construction site during the construction period. Such temporary storage shall not be permitted on any site other than the construction site without specific approval of the Community Development Director.
(Ord. 387 § 1, 1996)
§ 21.90.020 Marijuana uses.
(a)
Purpose. The purpose of this Section is to regulate personal, medical, and commercial marijuana uses. Nothing in this Section shall preempt or make inapplicable any provision of state or federal law.
(b) "Commercial marijuana activity" "Cultivation" "Delivery" "Distribution" "Licensee" "Manufacture" "Marijuana"(1) (2) "Marijuana accessories" "Marijuana products" "Person" "Private residence" "Sale"
Definitions. For purposes of this Section, the following definitions shall apply:
includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.
means the holder of any state issued license related to marijuana activities, including but not limited to licenses issued under Division 10 of the Business & Professions Code.
means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:
Industrial hemp, as defined in Section 11018.5 of the California Health & Safety Code; or
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
means a house, an apartment unit, a mobile home, or other similar dwelling.
includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
Any term defined in this Section also means the very term as defined in the California Business & Professions Code or the California Health & Safety Code, unless otherwise specified. |
(c)
Personal Use.
(1)
For purposes of this subsection, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent it is unlawful under California law.
(2)
Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(3)
Indoor Cultivation.
(i)
A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(ii)
To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person is issued an indoor cultivation permit by the Planning Division. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.
(iii)
The Planning Division will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements.
(d)
Medical Use.
(1)
Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in subsection (c) of this Section.
(2)
The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.
(e)
Commercial Use.
(1)
The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:
(i)
The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;
(ii)
The cultivation of marijuana;
(iii)
The manufacturing or testing or marijuana, marijuana products, or marijuana accessories; or
(iv)
Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.
(f)
Penalty for Violation. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this Section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Section is declared a public nuisance and may be abated as provided in Chapter 1.16 and/or under state law.
(Ord. 605 § 1, 2007; Ord. 694 § 2, 2016; Ord. 696 § 2, 2016)
§ 21.90.030 Non-conforming uses and structures.
(a)
General. Unless otherwise required by the Municipal Code, any legally established, lawful use of land, building, structure, or improvement may be continued except as provided herein, even if such use does not conform with the applicable provisions of the current Municipal Code.
(b)
Abandonment. Any legally established non-conforming use of land, building, structure, or improvement that becomes vacant and remains unoccupied for a continuous period of one year shall be termed abandoned, and all future uses shall comply with the regulations of the area in which it is located.
(c)
Alterations or Additions. An existing building, structure, or improvement conforming as to use but that does not conform to the general development standards may be altered, added to, or enlarged, provided that, any alteration, addition, or enlargement complies with the current regulations of this Title.
(d)
Maintenance. A legal non-conforming building, structure, site, or improvement shall be maintained in sound and safe condition.
(e)
Restoration of Damaged Structures. A legal non-conforming building, and/or structure which is damaged or partially destroyed by fire, explosion or man-induced or natural disaster to the extent of more than 75 percent of the fair market value according to the assessment as listed by the Riverside County Assessor for the fiscal year during which the destruction occurs shall be subject to all the applicable regulations specified by this Chapter.
(Ord. 387 § 1, 1996; Ord. 752, 2/15/2024)
§ 21.90.040 Special events.
§ 21.90.050 Recycling facilities.
(a)
General. The purpose of this Section is to regulate the appearance, type, placement, and signage of recycling facilities which are located other than within an enclosed building. The need to place restrictions on recycling facilities is recognized to protect the health, safety, and welfare of all persons within the City of Indian Wells and to ensure that the appearance of such facility will be aesthetically pleasing and of the highest quality.
(b) Recyclable material. Recycling facility. Reverse vending machines. Mobile recycling unit. Collection facility.
Definitions.
"Recyclable Material" is reusable material including but not limited to metals, glass, plastic, and paper, which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse, hazardous materials, oil, dry goods, appliances, furniture, etc.
"Recycling Facility" is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Department Beverage Container Recycling and Litter Reduction Act of 1986.
"Reverse Vending Machine" is an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers' redemption value as determined by the State.
"Mobile Recycling Unit" means trailer (unit) licensed by the Department of Motor Vehicles which is parked at a designated site for the use of collecting recyclable materials and replaced with another unit when such unit becomes full.
"Collection Facility" is a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public.
(c)
Minimum Conditions of Approval. The appearance, type, placement, and signage of each recycling facility shall be subject to review by the Architecture and Landscape Committee (ALC). A Building Permit and a Temporary Use Permit subject to annual review will also be required. The following minimum standards for each facility shall be as follows:
(1)
Reverse Vending Machines.
(i)
Shall be established in conjunction with a commercial use or community service facility which is in compliance with the Zoning, Building and Fire Codes of the City of Indian Wells;
(ii)
Shall be located within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
(iii)
Shall not occupy parking spaces required by the primary use;
(iv)
Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height;
(v)
Shall be constructed and maintained with durable waterproof and rust proof material;
(vi)
Shall be painted to match the adjacent building;
(vii)
Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
(viii)
Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instruction;
(ix)
Shall be maintained in a clean, litter-free condition on a daily basis;
(x)
Operating hours shall be no more than the operating hours of the host use;
(xi)
If operating hours are between dusk and dawn; Shall be illuminated in a manner subject to the approval of the Community Development Director, to ensure comfortable and safe operation.
(xii)
Emptying of the reverse recycling machines shall occur between the weekday hours of 9:00 a.m. and 6:00 p.m. only, or as determined by the adjacent uses;
(xiii)
Shall incorporate reverse vending machines as part of a permanent building at such time that any future addition or modification of the original building is made;
(xiv)
If the Temporary Use Permit expires without renewal, the reverse vending machines shall be removed from site within five (5) days following permit expiration.
(2)
Small Collection Facilities. Small collection facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with the following conditions:
(i)
Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the Zoning, Building and Fire Codes of the City of Indian Wells;
(ii)
Shall be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
(iii)
Shall be set back at least twenty (20) feet from any street right-of-way and shall not obstruct pedestrian or vehicular circulation;
(iv)
Shall accept only glass, metals, plastic containers, papers and reusable items as defined in recycling material by this Zoning Code;
(v)
Shall use no power-driven processing equipment except for reverse vending machines;
(vi)
Shall use containers that are constructed and maintained with durable waterproof and rust proof material, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
(vii)
Shall store all recyclable material in containers or in the mobile unit and shall not leave materials outside of containers when attendant is not present;
(viii)
Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which trailers or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
(ix)
Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;
(x)
Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 6:00 p.m.;
(xi)
Containers for the twenty-four (24) hour donation of materials shall be at least fifty (50) feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;
(xii)
Unit exchange shall occur at a time between the hours of 9:00 a.m. and 6:00 p.m. or as determined by the adjacent uses;
(xiii)
Containers shall be painted to match the adjacent building;
(xiv)
Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
(xv)
Signs may be provided as follows:
(A)
Recycling facilities may have identification signs with a maximum of fifteen (15) percent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in Section (2)n;
(B)
Signs must be consistent with the character of the location;
(C)
That no store names, logos or trademarks shall be affixed to the recycling facility;
(D)
Directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; and
(E)
The Community Development Director may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses.
(xvi)
The facility shall not impair the landscaping required by local ordinances for any concurrent use by this Zoning Code or any permit issued pursuant thereto;
(xvii)
No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One (1) space will be provided for the attendant, if needed;
(xviii)
Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
(xix)
Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless both of the following conditions exist: the facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation; and a parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site. A reduction in available parking spaces in an established parking facility may then be allowed as follows for a commercial host use:
Number of Available Parking Spaces | Maximum Reduction |
|---|---|
0-25 | 0 |
26-35 | 2 |
36-49 | 3 |
50-99 | 4 |
100+ | 5 |
(xx)
Recycling unit shall be incorporated as part of a permanent building at such time that any future addition or modification of the original building is made;
(xxi)
If the Temporary Use Permit expires without renewal, the collection facility shall be removed from the site within five (5) days following permit expiration.
(d)
Procedures. All recycling facilities shall be subject to the approval of the Architecture and Landscape Committee (ALC), a building permit, and a Temporary Use Permit which shall be reviewed on a yearly basis and must be renewed prior to December of the expiration year.
(Ord. 387 § 1, 1996)
§ 21.90.060 Antenna.
(a)
General Purpose and Applicability. The purpose of the Antenna Ordinance is to regulate the height and placement of antennas which are located outside of buildings and which can be seen from public streets and neighboring properties. The Antenna Ordinance is intended to comply with Federal and State requirements and provide a uniform set of standards for the development of antennas, wireless communication and related facilities. These regulations are intended to protect the health, safety, welfare and aesthetic quality of Indian Wells and ensure that antennas and wireless communication facilities are located, designed and screened in a manner that is compatible with the small scale, resort and residential character of the community, as set forth in the General Plan. It is not the purpose of this Chapter to prohibit or discriminate against antenna and wireless communication facilities; however, it is recognized that the uncontrolled installation of outside antennas can be detrimental to the appearance of neighborhoods and the City in general and is contrary to the City's policy of requiring utilities to be installed underground. The location, development, or operation of each installation is therefore declared to be subject to the provisions of the Antenna Ordinance with the burden of proof upon the applicant to show the necessity for each installation.
The Antenna Ordinance defines and regulates antenna based upon their intended function, as either commercial or non-commercial. The function of the antenna itself determines the allowable zones and the applicable development standards.
(b) Accessory Wireless Equipment. Antenna. Antenna - Commercial. Antenna – Building Mounted. Antenna – Extendible. Antenna – Ground Mounted. Antenna – Omni-Directional. Antenna – Panel or Directional. Antenna – Portable. Antenna – Non-Commercial. Antenna – Satellite Dish (Small). Antenna – Satellite Dish (Large). Antenna – Vertical or Whip. Collocation. Direct Broadcast Satellite Service (DBS). Lattice Tower. Monopole. NIER (Non-Ionizing Electromagnetic Radiation). Personal Wireless Facilities. Wireless Communication Facility.
Supplemental Definitions. The following specific definitions shall apply in reviewing applications under the Wireless Communications Regulations:
All equipment or materials including any structure to house the equipment or materials necessary for operation of a wireless communications facility, including equipment referred to as Base Transceiver Station (BTS) units, a cabinet or building used to house equipment or any other equipment ancillary to the facility such as cable, wire, conduit and connectors.
Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals and/or electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include Cellular on Wheels (COWS) and Cellular on Light Trucks (COLTS) facilities. Antennas may also include those used by ham operators; radio or television transmission stations and individual receiver; micro-wave transmitters, receivers, or relay stations; or any other type of technology past, present or future that would require the presence of an antenna-like device used to radiate or receive radio waves. Antennas may include but not be limited to the following types of devices: Whip antennas; inverted-V-antennas; collinear antennas; Yagi antennas; parabolic antennas; large and small dish antennas; television or FM antennas; and ham operator antennas.
An antenna in any zoning district used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation or means of livelihood.
Any antenna that is attached to an existing building or structure, including facade and roof mounted antenna.
Any antenna capable of being lowered and raised by means of a hand operable or electrical device.
Any antenna with its base, single or multiple posts, placed directly on the ground.
Any antenna that transmits and/or receives radio frequency signals in a three hundred sixty (360) degree radial pattern.
An antenna or an array of flat, rectangular antennas that are designed to concentrate electromagnetic signals in a particular direction or area.
Any device used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.
An antenna in any zoning district not used in conjunction with a business commercial enterprise, trade, calling, vocation, profession, occupation, or means of livelihood, including, but not limited to FCC licensed amateur radio stations and standard television receive-only parabolic antennas.
A bowl-shaped device that is eighteen (18) or less in diameter for the reception and/or transmission radio frequency communications signals in a specific directional pattern. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.
A bowl-shaped device that is greater than eighteen (18) in diameter for the reception and/or transmission radio frequency communications signals in a specific directional pattern. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.
Any device consisting of a pole or single element vertical antenna no more than three (3) inches in diameter, and its associated support structure used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.
Exists when more than one (1) wireless communications provider mounts equipment on a single support structure, building, or site.
A system in which signals are transmitted directly from a satellite to a small (not exceeding eighteen (18)) home-receiving dish.
A self supporting support structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.
A wireless communication facility that consists of a single pole structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
Electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum.
Antenna structures and other types of installations used for commercial mobile services (including cellular telephone services regulated under Part 22 of the FCC's rules, specialized mobile radio transmitter services regulated under ninety (90) of the FCC rules, and personal communication services regulated under Part 24 of the FCC rules) and unlicensed wireless services (telecommunication services using duly authorized devices which do not require individual licenses excluding direct-to-home satellite services), and common carrier wireless exchange access services.
An unstaffed facility for the transmission and reception of low-power radio or electromagnetic communication signals that enable people and/or devices to communicate independent of location.
(c)
Non-Commercial, Amateur Radio and Television Receive-only Antennas. The Federal Communication Commission (FCC) has established rules partially preempting State and local regulation of Non-Commercial antenna and amateur radio communication. However, the FCC has not preempted local regulation involving placement, screening, height of Non-Commercial television and amateur radio antennas so long as the regulations are based on health, safety or aesthetic considerations, represent a reasonable accommodation of amateur radio communication. and constitute the minimum practicable regulation necessary to accomplish the local agency's legitimate purpose. To this end, the City of Indian Wells has enacted the following standards:
(1)
Applicability. The provisions in the Non-Commercial, Amateur Radio, and Television Receive-only Antenna Section are intended to regulate amateur radio antennas, television receive-only antennas, satellite dishes and other similar antennas.
(2)
Residential Antennas Permitted as Matter of Right. The following antenna types are permitted as a matter of right subject to Subsection 21.90.060 (4):
(i)
Roof mounted home television, vertical, whip, horizontal-wire and sloping-wire antennas that comply with the height and setbacks of the base-zoning district.
(ii)
Roof mounted antennas for the Very High Frequency and Ultra High Frequency bands above 30 Megahertz, that are similar in size to or smaller than home television antennas and comply with the height and setbacks of the base zoning district.
(iii)
Ground mounted home television, amateur radio antennas that do not exceed the height of the main structure or the height of the base zoning district, whichever is the smallest, comply with the setbacks of the base zoning district and are not visible from the public right-of-way.
(iv)
Ground mounted large satellite dish antennas (exceeding eighteen (18) in diameter) or small satellite dish antennas (less eighteen (18) in diameter) that do not exceed the height or the main structure of height of the base zoning district, whichever is the smallest, comply with the setbacks of the base zoning district and are not visible from the public right-of-way.
(v)
Ground mounted large satellite dish antennas (exceeding eighteen (18) in diameter) or small satellite dish antennas (less eighteen (18) in diameter) that do not exceed the height or the main structure of height of the base zoning district, whichever is the smallest, comply with the setbacks of the base zoning district and are not visible from the public right-of-way.
(3)
Non-Commercial Antennas Requiring a Conditional Use Permit.
(i)
Any amateur radio antennas, television receive-only antennas and other similar antennas that do not meet the requirements of Sections 21.90.060(2) are subject to a Conditional Use Permit, per Section 21.90.060(2) and any other applicable zoning section.
(ii)
Antenna support structures that have a maximum extended height exceeding the height of the main structure shall be equipped with both an electrical device and a hand operable device, capable of lowering the structure below the height of the main structure when the antenna is not in operation. The maximum height of such structures shall not exceed the maximum allowable height of the base-zoning district.
(4)
Development Standards for Non-Commercial Antennas. Antennas permitted by the Non-Commercial, Amateur Radio, and Television Receive-only Antenna Section shall be subject to the following requirements:
(i)
Antennas and support structures shall comply with all applicable building codes and obtain all necessary building and electrical permits.
(ii)
Antennas and support structures shall be located on the site in a manner that will minimize the visibility of the antenna and support structures to nearby residents and members of the general public, while still allowing the ability to receive and send clear transmissions. It is the responsibility of the antenna owner to provide proof that the ability to send or receive clear transmission is impaired by the provisions of the Non-Commercial, Amateur Radio, and Television Receive-only Antenna Section.
(iii)
Antennas and support structures shall not be located within or extend into the required setbacks or exceed the height of the base-zoning district. Refer to Section 21.90.060(3) for the measurement of height.
(iv)
Large satellite antennas (greater than eighteen (18) diameter) shall not be mounted on or attached to structures.
(v)
For homes that are located in the rear of the lots, any Non-Commercial antenna located between the street and the main structure shall be entirely screened from public view or designed to disguise the antenna. An example of an acceptable disguise is an antenna designed as an umbrella.
(vi)
Ground mounted satellite dish antennas and support structures shall be screened from the view of adjacent properties and the public right-of-way with walls or landscaping. Landscaping shall be as tall and wide as the antenna while still allowing the ability to receive and send clear transmissions. It is the responsibility of the antenna owner to prove that a clear signal cannot be obtained with required screening and that the antenna cannot be relocated.
(vii)
The surface of all antenna and support structures with the exception of DSS satellite dishes and antenna not subject to the provisions of this ordinance, shall be painted to blend with the surroundings and shall not be painted with reflective or bright colors.
(viii)
No signing or lighting shall be incorporated into or attached to any antenna or antenna support structure, except as required by the City's building division or Federal regulations.
(ix)
All landscaping or other screening shall comply with the City's Architecture and Landscape Design Standards. All landscaping or other screening shall be maintained as approved by the City. No changes or modifications shall be made to the landscaping or other screening without prior City approval.
(x)
Numbering changed to 21.90.060(viiix), Ord. No. 511
(d)
Commercial Antennas and Wireless Communication Facilities. The Telecommunication Act of 1996 preempts State and Local laws or conditions that prohibit, or have the effect of prohibiting, businesses and individuals from providing personal wireless services in any market. However, the Act of 1996 preserves the authority of local government to regulate the placement, construction and modification of commercial antennas and wireless communication facilities provided actions do not unreasonably discriminate among providers of equivalent services or prohibit, or have the effect of prohibiting, the provision of wireless communications.
(1)
Applicability. The provisions of the Commercial Antennas and Wireless Communication Facilities Section shall apply to all public and privately owned land in the City. The regulations in the Commercial Antennas and Wireless Communication Facilities Section apply to antennas and wireless communication facilities used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation or means of livelihood, including, but not limited to public utilities, wireless communications, privately owned or publicly supported AM or FM radio stations, cable television operations or television broadcast stations, but excluding FCC licensed amateur radio stations and television receive-only antennas. The provisions of the Commercial Antennas and Wireless Communication Facilities Section do not apply to government owned and/or operated wireless communication facilities that are used for the purpose of public health, safety, and welfare.
(2)
Full Public Review Process. The following antennas shall be required to obtain a Conditional Use Permit, per Section 21.06.040(a), subject to the full public hearing process, including review by the Architecture and Landscape Committee, Planning Commission and City Council:
(i)
Any Non-Commercial antenna that does not comply with the provisions of Section 21.90.060(2)
(ii)
Commercial antenna and wireless communication facilities that do not comply with the standards set forth in Section 21.90.060(3)
(iii)
Commercial antennas and wireless communication facilities mounted on a Monopole, lattice tower or other freestanding structure, except as permitted in Chapter 21.48, Telecommunications Overlay.
(iv)
Any commercial antenna or wireless communication facility located in the public or private right-of-way or easement. Such facilities shall also require the approval of an encroachment permit.
(3)
Administrative Review Process. Commercial antenna and wireless communication facilities that comply with the following guidelines shall not be subject to the full public review process noted in Section 21.90.060(2) except that they shall be reviewed as a general business item by the Planning Commission and then placed on the consent calendar of the City Council:
(i)
Façade mounted antennas and accessory equipment that are integrated with the colors, material and architectural style of the supporting structure and cannot readily be recognized as an antenna or are not visible from the public right-of-way or adjacent to residential property uses.
(ii)
Roof-mounted antennas, wireless communication facilities, and accessory equipment that are set back from the perimeter of the structure so that they are not visible from any public right-of-way or adjacent property.
(4)
Submittal Requirements. In addition to the submittal requirements necessary for a Conditional Use Permit, Architecture and Landscape Committee, and as deemed necessary by the Planning Director, applications for all commercial antenna and wireless communication facilities, except exempt facilities as defined in Section 21.90.060(2), shall, at a minimum, provide the following information:
(1)
A narrative that describes the project, project site, and surrounding area; describes access and maintenance agreements; explains why the subject site is considered essential to accomplish the provider's objectives; describes the necessary coverage areas; describes the viable alternative sites and why those sites were not selected; and, for stand alone facilities, provides justification as to why co-location on existing structures is impractical.
(2)
Accompanying the narrative shall be a map(s) that includes:
(a)
Identification of viable alternative sites;
(b)
User friendly propagation map showing the provider's coverage areas, before and after installation of the proposed facility. The map should include legends, with clear field intensity contours depicting field intensity specifications/legends relative to the RF coverage areas desired.
(3)
Specific frequencies licensed with the FCC and documentation demonstrating that the proposed facility will conform with radio frequency radiation emission standards adopted by the FCC.
(4)
Fully dimensioned site plans and elevations that clearly show the height of the antenna above ground, location of accessory equipment, parking, access, and landscaping.
(5)
Documentation demonstrating that the proposed facility will not interfere with public safety radio communications facilities.
(6)
Fully dimensioned antenna structure (including a camouflaged design)
(7)
A visual analysis that includes a photo simulation, and may also include other techniques that identify the potential visual impacts of the proposed facility, such as a materials board or field mock up.
(8)
Commercial antennas and wireless communication facilities proposed in the public right-of-way shall provide proof of an agreement with the controlling agency and/or City specifying the use of the property and the required maintenance and repair schedules.
(9)
A map showing all of the applicants existing wireless communications facilities within a two (2) mile radius of the proposed site.
(10)
A completed Conditional Use Permit application and appropriate application fee.
(i)
Technical Design and Coverage Review. The Planning Director is explicitly authorized at his/her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under Section 21.48.050 (c) and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The Applicant shall pay all the costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.
(ii)
Exception to the Submittal Requirements. The Planning Director may provisionally release an Applicant from having to provide one (1) or more of the submittal requirements upon a finding that the proposed project is subject to the Section 21.90.060 (3) Administrative Review Process and that all the submittal requirements are not necessary to process or make a decision on the application being submitted.
(e)
Development Standards for Commercial Antennas. Commercial antennas and wireless communication facilities are conditionally permitted in the Office Professional (OP), Resort Commercial (RC), Community Commercial (CC), Sports Complex (SPX), Public Facility (PF) and Public Parks/ Recreation (PP) zones. All commercial antennas and wireless communication facilities, support structures and ancillary equipment shall be designed to protect the environmental resources and located so as to minimize their visibility from surrounding Properties according to the following standards:
(1)
Prohibited Locations.
(i)
Commercial antenna and wireless communication facilities shall not be located on property zoned Natural Preserve (NPR), Residential Very Low Density (RVLD), Residential Low Density (RLD), Residential Medium Density (RMD), Residential Medium High Density (RMHD), Open Space Watercourse (WC), Public-Owned Open Space (POS) and Country Club Open Space (COS)
(ii)
Commercial antenna and wireless communication facilities shall not be installed at a location where special painting or lighting would be required by FAA regulations unless evidence is submitted showing that this is the only technically feasible location for this facility and is approved by the City Council.
(iii)
Commercial antenna and wireless communication facilities that are visible from off-site and do not blend with the surrounding environment shall not be installed closer than one-half mile from another readily visible or unscreened commercial antenna or wireless communication facility, unless it is a co-located facility. situated on a multiple-user site, or evidence is submitted showing a clear need for this facility and the infeasibility of co-locating it on one of these former sites.
(2)
Setbacks. All commercial antenna and wireless communication facilities shall comply with the setbacks of the base zoning district in which the antenna is to be located unless technical evidence acceptable to the Planning Commission is submitted showing that placement of the proposed antenna outside the required setback would be technically infeasible.
(3)
Height.
(i)
The height of freestanding commercial antenna, wireless communication facilities and extendible towers shall not exceed the height limit of the base zoning district, unless as prescribed in Section 21.20.100.
(ii)
The height of freestanding antennas shall be measured from the natural undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.
(iii)
Commercial antennas and wireless communication facilities that are proposed to be co-located may exceed the height limit of the base zoning district by fifteen (15) feet, provided the Planning Commission and City Council determine that the structure at the increased height will have less of an adverse visual impact on the surrounding area than two such structures of reduced height located in close proximity to one another and will be consistent with the character of the surrounding development.
(iv)
The measurement of height shall not include material intended to camouflage an antenna and/or antenna support structure, unless the camouflaged material is intended to integrate an antenna and/or its support structure into the design and style of a building. As an example, the foliage of a mono-pine or mono-palm would not be included in the measurement of height, but parapet or chimney camouflaging would be subject to the height measurement.
(4)
Design Standards.
(i)
All commercial antenna and wireless communication facilities shall be designed and located to minimize their visibility to the greatest extent feasible, considering technological requirements, by any means of including but not limited to placement, screening, and camouflage.
(ii)
Based on potential aesthetic impact, the order of preference for facility type is: façade mounted, roof mounted, ground mounted, and freestanding tower. If a ground-mounted or freestanding tower is proposed, the Applicant must demonstrate that it is not feasible to site the facility on an existing structure.
(iii)
Commercial antenna and wireless communication facilities shall be compatible in color with the surrounding environment and vegetation and shall be painted in a non-reflective color.
(iv)
Freestanding commercial antenna and wireless communication facilities shall be screened from public view with landscaping to the greatest extent possible without causing interference with the operation of the antenna. If trees are to be provided as screening, the trees shall be minimum forty-eight (48) inch box sized unless it is determined that better screening can be obtained through smaller sized trees. All landscaped screening shall be required to be maintained and replaced if necessary by the applicant as long as the associated antenna is in use.
(v)
Accessory wireless equipment shall be located underground in the manner specified in Section 16.08.030(f) of the City of Indian Wells Municipal Code; or hidden from public view through such methods as incorporation into the design of the structure, location on the roof, or location inside a building.
(vi)
All commercial antenna and wireless communication facilities determined by the Planning Director to be visible from the public right-of-way or properties in the vicinity shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment unless evidence, acceptable to the Planning Commission shows that such camouflage is infeasible.
(vii)
Where appropriate, ancillary equipment facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening unless the Architectural and Landscape Committee (ALC) approves appropriate replacement landscaping. Additional landscaping shall be planted as needed to minimize the visual impact of the facility and, when feasible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties.
(5)
Miscellaneous Requirements.
(i)
All wiring and cables emanating from the antenna shall be installed underground or screened from public view per Section 21.90.060(4)and in compliance with applicable building and other installation requirements.
(ii)
No advertising, signs, or lighting shall be incorporated or attached to any antenna or accessory wireless equipment, except as required by the City's building division or government regulations.
(iii)
One on-site parking space shall be required for each freestanding commercial antenna and wireless communication facility unless adequate parking exists on-site, as determined by the Planning Commission and City Council.
(iv)
Improved access shall be provided to the communications facility site as approved by the City so as to mitigate dust.
(v)
All security fencing shall be of wrought iron or masonry and treated or landscaped to blend with the material, color, and design of the surrounding environment. Chain link is not allowed.
(f)
Minimum Conditions of Approval for Commercial Antennas. Conditions of approval shall be imposed on any permit and architectural approval granted pursuant to this Commercial Antenna and Wireless Communications Facilities Section to ensure compliance with this ordinance and the protection of the public health. safety, general welfare and aesthetics. The building permit shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the building permit. Conditions may include, but shall not be limited to the following:
(1)
Commercial antennas and wireless communication facilities shall comply with all applicable building codes.
(2)
Written Statement that the lease or other property conveyance between the applicant and co-applicant landowner of the subject property contains the following provisions:
(1)
Landowner can enter into leases or other property conveyances with other carriers for co-location.
(2)
Landowner is responsible for the removal of the personal wireless facility in the event the licensed carrier fails to remove it upon abandonment
(3)
Certification of continued use of each approved facility shall be submitted at the time of business license renewal for as long as the facility remains in operation. The certification shall indicate that the facility has a license from the Federal Communication Commission (FCC) to operate, is operating as approved through the Conditional Use Permit, and that the facility complies with the most current FCC safety standards. Facilities that are no longer in operation shall be deemed abandoned and removed within ninety (90) days after the date of discontinuation. As used in these provisions, the word "abandoned" shall be used as defined in Section 21.60.030(3) of the City of Indian Wells Zoning Code.
(4)
If no annual certification is provided at the time of business license renewal, the Planning Director may revoke the use permit for the facility. Prior to revoking a use permit, the Planning Director shall provide the applicant and property owners a written notice of their failure to provide the annual certification and an opportunity for a hearing.
(5)
Prior to the issuance of a building permit for the facility, applicants may be required to provide a deposit, bond, and/or letter of credit as approved by the City Attorney with the City for removal of the facility and any accessory wireless equipment if such facility is found to be abandoned or the use permit is revoked by the Planning Director.
(6)
Within ninety (90) days of commencement of operations, the applicant shall provide a report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standards established by the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields [EMF) and Radio Frequency Radiation (RFR)
(7)
All structural changes and modifications to an approved facility shall require prior approval by the City. Maintenance not involving modifications to the approved project plan and repainting in the approved color shall not require City approval.
(Ord. 387 § 1, 1996; Ord. 448 § 4, 1999; Ord. 511 § 3, 2002)
§ 21.90.070 Flagpoles.
(a)
General. The purpose of this Section is to regulate the height and placement of flagpoles and the flags flown on them. Without regulations, flagpole installations may impact neighboring properties negatively in the areas of noise and visual clutter.
These regulations are in no way intended to prevent one from flying an American or State of California flag. They are intended to ensure the impacts to neighboring properties are mitigated.
(b)
Residential.
(1)
Individual residences are limited to one flagpole. More than one (1) flagpole is subject to approval by the individual Homeowner's Association or City Architecture & Landscape Committee with three flagpoles maximum.
(2)
Height of flagpoles shall be limited to twenty (20) feet.
(3)
The flagpole shall not be placed in any side or rear yard setback when adjacent to, or surrounded by residential parcels. The flagpole should not be closer than ten (10) feet to the front property line.
(4)
Flagpole materials other than standard steel or aluminum require ALC approval. The lanyard shall be made of material other than metal to mitigate noise and shall be of an internal design thereby incorporated into the structure of the flagpole.
(5)
Flagpole diameter shall be no greater than the maximum necessary to hold the largest allowed flag.
(6)
Flagpole installation shall comply with Building Department regulations and permits.
(7)
The size of the flag shall not exceed thirty-two (32) square feet and its content shall conform to the regulations under Section 17.16.010.
(8)
Lighting of the flags is not allowed.
(9)
Applications in excess of the above regulations are subject to a variance.
(10)
Flags shall be replaced when they become faded, tattered or torn.
(c)
Commercial.
(1)
Commercial centers are limited to three flagpoles maximum in not more than one (1) location.
(2)
Height of the flagpoles is limited to thirty (30) feet unless approved otherwise in a Conditional Use Permit.
(3)
The flagpole(s) shall not be located within fifty (50) feet of a residential zone.
(4)
Flagpole installation shall comply with Building Department regulations and permits.
(5)
The lanyard shall be made of material other than metal to mitigate noise and shall be of an internal design thereby incorporated into the structure of the flagpole.
(6)
The size of the flag shall not exceed forty-five (45) square feet and its content shall conform to the regulations under Section 17.16.010.
(8)
Lighting of the flags is subject to Conditional Use Permit approval.
(9)
Applications in excess of the above regulations are subject to Conditional Use Permit approval.
(10)
Flags shall be replaced when they become faded, tattered or torn.
(d)
Homeowner Association Common Area.
(1)
Homeowner Associations are limited to one (1) flagpole at any major access point to the community.
(2)
Homeowner Associations requesting more than one (1) flagpole in any one (1) location and with a maximum not to exceed three (3) such flagpoles shall be subject to a Conditional Use Permit.
(3)
Height of the flagpoles is limited to thirty (30) feet unless approved otherwise in a Conditional Use Permit.
(4)
Flagpole installation shall comply with Building Department regulations and permits.
(5)
The lanyard shall be made of material other than metal to mitigate noise and shall be of an internal design thereby incorporated into the structure of the flagpole.
(6)
The size of the flag shall not exceed forty-five (45) square feet and its content shall conform to the regulations under Section 17.16.010.
(7)
Lighting of the flags is subject to Conditional Use Permit approval.
(8)
Applications in excess of the above regulations are subject to Conditional Use Permit approval.
(9)
Flags shall be replaced when they become faded, tattered or torn.
(e)
Civic Center/Governmental Facilities/Public Facilities.
(1)
Civic Center/Governmental facilities/Public facilities are limited to one (1) flagpoles in any one (1) parcel.
(2)
Height of the flagpoles is limited to thirty (30) feet unless approved otherwise in a Conditional Use Permit.
(3)
Flagpole installation shall comply with Building Department regulations and permits.
(4)
The lanyard shall be made of material other than metal to mitigate noise and shall be of an internal design thereby incorporated into the structure of the flagpole.
(5)
The size of the flag shall not exceed forty-five (45) square feet and its content shall conform to the regulations under Section 17.16.010 unless approved otherwise in a Conditional Use Permit.
(6)
Lighting of the flags is subject to Conditional Use Permit approval.
(7)
Applications in excess of the above regulations are subject to Conditional Use Permit approval.
(8)
Flags shall be replaced when they become faded, tattered or torn.
(Ord. 417 § 1, 1997; Ord. 501 § 1, 2002)