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Indio City Zoning Code

ARTICLE 1

INTRODUCTORY PROVISIONS

§ 1.01.01 Title.

[9-21-2022 by Ord. 1782]
This Title shall be known and officially cited as the "Unified Development Code of the City of Indio." It is referred to in this Title as the "Indio Development Code," the "Development Code," or the "Code."
The provisions of this Code supersede all prior ordinances codified in Chapters 150, 154, 156, and 159 of the Indio Municipal Code and any amendments.

§ 1.01.02 Purpose.

[9-21-2022 by Ord. 1782]
The purpose of this Code is to implement the City's General Plan and to protect, promote, and enhance the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Code is adopted to achieve the following objectives:
Achieve the arrangement of land uses depicted in the City of Indio General Plan, consistent with the goals and policies of the General Plan;
Provide standards for the orderly growth and development of the city, and guide and control the use of land to foster a safe, harmonious, convenient, attractive, and workable relationship among land uses;
Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the city as a whole;
Ensure consideration of natural environmental features in the development and use of land within the city;
Revitalize and connect neighborhoods to preserve and enhance quality of life in the city;
Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas;
Promote economic growth and the creation of jobs;
Promote high-quality design in the development process so that new development enhances the appearance of the city as it matures;
Encourage infill development in existing sections of the city and provide for innovative and sustainable development in undeveloped areas;
Define duties and powers of administrative bodies and officers responsible for implementation of the Code.

§ 1.01.03 Authority.

[9-21-2022 by Ord. 1782]
This Code is enacted based on the authority vested in the City by the State of California, including, but not limited to: the State Constitution, Sections 65800 and subsequent sections of the Government Code, the California Environmental Quality Act, the Subdivision Map Act, the Health and Safety Code, and case law of the State and Federal courts as they may all be modified from time to time.

§ 1.01.04 Scope.

[9-21-2022 by Ord. 1782]
This Code is adopted to accomplish the stated objective of and to implement the City's General Plan. To accomplish these objectives, the City shall regulate the use, location, area, and dimension of sites for development; the bulk and height of structures; the appearance of certain uses, structures, and signs; open space, landscaping, access and egress, off-street parking; and other such aspects of land use which may be deemed necessary for the public peace, health, safety, and general welfare of the people working and living within the city.

§ 1.01.05 Applicability and Exemptions.

[9-21-2022 by Ord. 1782]
This Code applies to all land uses, activities, structures, subdivisions, and development within the incorporated jurisdiction of the City of Indio and to property for which applications for annexation and/or subdivisions have been submitted to the City of Indio, except as provided by this Section. The applicability described in this Section is not a comprehensive list; the Director of Community Development (Director) shall determine the specific applicability of the Code to all projects and applications within the city.
New Land Uses or Structures, Changes to Land Uses or Structures.
Compliance with the requirements of this Code is necessary for any private person, firm, corporation or organization or public agency to lawfully establish, construct, occupy, maintain, reconstruct, alter, expand, or replace any use of land or structure. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of Indio (e.g., Federal or Tribal lands that are not subject to local land use regulations).
Issuance of City Permits and Licenses.
No permit or business license shall be issued by the City unless the proposed project or activity complies with all applicable provisions of this Code and all other applicable provisions of law.
Subdivisions.
Each subdivision of land approved within the City shall comply with the minimum lot size requirements of Article 2 (Zone Regulations), the City's subdivision regulations in Article 5 (Subdivision Regulations), the Subdivision Map Act, and all applicable requirements of this Code.
Exemptions.
The following uses and conditions are exempt from modification by this Code:
Existing Uses and Structures.
An existing land use/structure is lawful if legally established, operated, and maintained in compliance with all applicable zoning and development regulations at the time of establishment, as provided by Chapter 6.07 (Nonconforming Provisions).
Violations.
A violation or non-conforming existing land use/structure that was established prior to the adoption of this Code shall maintain the violation and/or non-conforming status until steps are taken to bring the land use or structure into conformance with this Code. See Chapter 6.07 (Nonconforming Provisions) for regulations and standards for non-conforming uses and buildings.
Existing City Entitlements.
Any effective entitlement and/or permit issued by the City prior to the effective date and hour of this Code shall be permitted to be exercised regardless of compliance with any or all regulations of this Code.
Projects in Progress and Pending Proceedings.
Any actions or proceedings initiated under provisions repealed, amended or modified by the provisions of this Code, and any vested right, shall not be affected by the enactment of the provisions of this Code, except that subsequent proceedings shall conform to the provisions of this Code insofar as possible and allowable by State law.
Previous Violation or Conviction.
Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this Code shall be considered as a violation of and/or conviction under this Code. The repeal or substitution of any provisions shall not affect any prosecution which may be pending in any court for the violation of any provision of the Code at time of the repeal or substitution.
Density Bonuses for Affordable and Senior Housing.
All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended. See Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing).
Other Requirements May Apply.
Nothing in this Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any County, State, or Federal agency. No use that is illegal under local or State law shall be allowed in any zone within the city.
Substandard Lots.
Legally created substandard lots on record prior to the adoption of this Code shall be deemed in compliance with the minimum lot area requirements. The lot area per dwelling unit, however, shall remain as specified in the applicable zone. In no instance shall these provisions prevent the erection of a single-family dwelling on any substandard residential lot.

§ 1.01.06 Interpretation of Regulations.

[9-21-2022 by Ord. 1782]
Clarification of Ambiguity.
The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Code. Whenever the Director determines that the meaning or applicability of any of the requirements of this Code are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination. If ambiguity arises concerning the appropriate classification of a particular use or regulation within the meaning and intent of this Code with respect to any matters regulated by this Code based on established or unforeseen circumstances, including technological changes in processing or application of materials, the Director shall have the authority to interpret the regulation based on understanding of the Code. Appeals on any such official interpretation by the Director may be filed and heard consistent with Article 6 (Administration and Procedures); see Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals) for the specific review/appeal hierarchy.
Discretion.
When this Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose conditions on the issuance of any City entitlements, consistent with Article 6 (Administration and Procedures).
Minimum Requirements.
The provisions of this Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this Code provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code, as may be determined by the applicable Review Authority, if it is deemed necessary to promote health and safety, orderly land use development, and the other purposes of this Code.
Conflicting Regulations.
The regulations of this Code and requirements or conditions imposed pursuant to this Code shall not supersede any other regulations or requirements adopted or imposed by the Indio City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Code. All uses and development authorized by this Code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Code and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified.
Private Agreements.
The provisions of this Code are not intended to revoke, annul, or impair any easements, codes, covenants and restrictions or other existing agreement between parties, which are more restrictive than the provisions of this Code. Where this Code imposes a greater restriction or higher standard than that required by private agreement, this Code shall control. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
Development Agreements and Specific Plans.
Standards adopted as part of any development agreement or specific plan shall control over any conflicting Code requirements adopted subsequent to the development agreement or specific plan.
Time Limits.
Whenever a number of days is specified in the Code, or in any permit, condition of approval, or notice provided in compliance with the Code, the number of days shall be consecutive calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
Terminology.
Language used in this Code shall be understood as follows:
Mandatory Language.
The words "shall," "will," "is to," "must," and "are to" are always mandatory and not discretionary.
Encourage Language.
"Should" indicates that the standard is not mandatory but is strongly recommended. "May" is permissive and does not represent a regulatory requirement.
Indicative Language.
The words "include," "includes," and "including" mean "including, but not limited to." The word "and" means that all connected words or provisions apply; the word "or" means that the connected words or provisions shall apply singly or in any combination. The words "either . . . or" indicate that the connected words or provisions shall apply singly, but not in combination.
Photo and Figure Disclaimer.
Images, photos, and diagrams in this Code are not intended to be interpreted literally; they are provided to illustrate regulations and assist in understanding the desired character or proposed implementation of a standard (e.g., measurement/calculation, range of scale, intensity, site organization, streetscape, building design). In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.

§ 1.01.07 Nuisances.

[9-21-2022 by Ord. 1782]
It is a public nuisance for any person, firm, company, or organization to own, use, operate, lease, or otherwise maintain a property or a building, or to own, operate, lease, or otherwise maintain property in violation of any provision of this Code. Notices of violation shall be provided and recorded, and nuisances abated according to the provisions of Municipal Code Chapter 95A (Public Nuisances).

§ 1.01.08 Responsibility for Administration.

[9-21-2022 by Ord. 1782]
This Code shall be administered by the City Council, the Planning Commission, the Director or designee, the Community Development Department, the Building Official or staff person designated by the Director to perform such actions, and any other departments, groups, personnel, or individuals as identified in a specific Chapter of this Code, in compliance with Article 6 (Administration and Procedures).

§ 1.01.09 Relationship to the General Plan.

[9-21-2022 by Ord. 1782]
This Code implements the goals and policies of the Indio General Plan by regulating the use of land and structures within the City. This Code and the General Plan shall be consistent with one another. Any permit, license, or approval issues in accordance with this Code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this Code and the General Plan, the General Plan shall control.

§ 1.01.10 Severability.

[9-21-2022 by Ord. 1782]
The provisions of this Code are severable. If any applicability, Chapter, Section, subsection, paragraph, sentence, clause, or phrase of this Code is, for any reason, held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity or constitutionality of any other portion or provision of this Code.

§ 1.02.01 Applicability.

[9-21-2022 by Ord. 1782]
The Official Zoning Map, as established by this Code, shall apply to all real property within the city. The establishment of land uses and buildings in all zones shall be consistent with the provisions of this Code and the standards and regulations applicable to the zone. City zones and their relationship to the General Plan Place-Types are listed in Table 1.02.03-1 (Base Zones and Overlay Zones).

§ 1.02.02 Zoning Map.

[9-21-2022 by Ord. 1782]
The City's Official Zoning Map establishes and defines all zones and overlay areas, and their boundaries. Each zone outlines land use and development standards to implement the range of expected outcomes expressed in the Indio General Plan. All zone regulations shall be applied based on the zone boundaries and locations established by the Official Zoning Map. All overlay areas further regulate the land use or specific activities within the underlying zone and shall be applied based on the overlay boundaries and locations established by the City's Official Zoning Map.
The boundaries of the zones established by this Code are not included in this Code but are shown on the City's Official Zoning Map maintained by the Community Development Department. The Zoning Map, together with all legends, symbols, notations, references, zone boundaries, map symbols, and other information on the map has been adopted by the Council and is hereby incorporated into this Code by reference, together with any amendments previously or hereafter adopted.
Annexation of Properties.
When property outside of the City limits is submitted for annexation to the City, zoning of the property shall be determined by the City and shall be incorporated into the Official Zoning Map upon adoption.
Amendments to the Zoning Map.
Amendments to the Official Zoning Map shall follow the process established in Chapter 6.06 (General Plan and Zoning Amendments).

§ 1.02.03 Establishment of Zones.

[9-21-2022 by Ord. 1782]
The city is divided into Residential Neighborhood Zones, Mixed-Use Zones, Commercial/Industrial Zones, and Public/Institutional Zones to individually regulate development form and land use of parcels. This specific mix of zones implements the General Plan by providing for a range of development intensity and uses that are compatible with the character of the City's neighborhoods, districts, and corridors. The city is divided into base zones and overlay zones that implement the General Plan as shown in Table 1.02.03-1, and are applied geographically by the Official Zoning Map.
Existing legally constructed non-conforming uses, buildings, and structures established prior to the adoption of this Code are legal, non-conforming uses and are permitted to operate subject to the regulations of Chapter 6.07 (Nonconforming Provisions).
TABLE 1.02.03-1: Base Zones and Overlay Zones
Zone Symbol
Name of Zone
Section Reference
General Plan "Place-Type" Implemented by Zone
Residential Zones
MH
Mobile Home
Chapter 2.02 (Residential Zones)
Connected Neighborhoods
DE-1
Desert Estates - 1
Chapter 2.02 (Residential Zones)
Desert Estates
DET-3
Desert Estates Transition - 3
Chapter 2.02 (Residential Zones)
Desert Estates
SN-4
Suburban Neighborhood - 4
Chapter 2.02 (Residential Zones)
Suburban Neighborhood
SN-8
Suburban Neighborhood - 8
Chapter 2.02 (Residential Zones)
Suburban Neighborhood
Mixed-Use Zones
CN-14
Connected Neighborhood - 14
Chapter 2.03 (Mixed-Use Zones)
Connected Neighborhood
CN-20
Connected Neighborhood - 20
Chapter 2.03 (Mixed-Use Zones)
Connected Neighborhood
MUN
Mixed-Use Neighborhood
Chapter 2.03 (Mixed-Use Zones)
Mixed-Use Neighborhood
NC
Neighborhood Center
Chapter 2.03 (Mixed-Use Zones)
Neighborhood Center
MT
Midtown
Chapter 2.03 (Mixed-Use Zones)
Midtown
DT
Downtown
Chapter 2.03 (Mixed-Use Zones)
Downtown
Non-Residential Zones
IL
Light Industrial
Chapter 2.04 (Non-Residential Zones)
Workplace and Employment District
IH
Heavy Industrial
Chapter 2.04 (Non-Residential Zones)
Workplace and Employment District
RC
Regional Commercial
Chapter 2.04 (Non-Residential Zones)
Regional Commercial
RR
Resource Recovery
Chapter 2.04 (Non-Residential Zones)
Resource Recovery
Public/Institutional Zones
PI
Public and Institutional
Chapter 2.05 (Public/Institutional Zones)
Public and Institutional
OS
Parks and Open Space
Chapter 2.05 (Public/Institutional Zones)
Parks and Open Space
Other Zones
SP/PMP
Specific Plans and Project Master Plans
Chapter 2.06 (Specific Plan and Project Master Plan Zones)
Various
Overlays
R-OS
Resource Management and Open Space Overlay
Chapter 2.07 (Overlay Zones)
Resource Management and Open Space Overlay
FD
Festival District
Chapter 2.07 (Overlay Zones)
Festival District
ES
Emergency Shelter Overlay
Chapter 2.07 (Overlay Zones)
Various
PD
Planned Development
Chapter 2.07 (Overlay Zones)
Various

§ 1.02.04 Interpretation of Zone Boundaries.

[9-21-2022 by Ord. 1782]
When uncertainty exists about the location of any zone boundary or section shown on the Official Zoning Map, the precise location of the boundary shall be determined by the Director. Generally, the following boundary guidelines shall be used for reading the Zoning Map and for interpretation, unless otherwise determined by the Director.
General Boundaries.
Zone boundaries approximately following the right-of-way shall be construed to follow the proximate property line or right-of-way line.
Scale.
If a zone boundary does not follow a property line, or where a zone boundary divides a property, the location scale on the Official Zoning Map shall be used to determine the location of the boundaries, unless the boundaries are indicated by dimensions.
Split Zone Properties.
Where a zone boundary divides a property, each portion of the property shall be developed in accordance with the applicable zoning designation. If more than 80 percent of the property falls under one zoning designation, the property owner may choose to develop the entire property according to that designation.
Centerline Boundaries.
Zone boundaries shown within a right-of-way that do not follow the outside right-of-way line(s) shall be construed to follow the centerline of such rights-of-way.
Vacated Areas.
Vacated, abandoned, or non-occupancy uses (e.g., dedicated circulation rights-of-way, utility or maintenance easement/corridors, creek easements, railroad rights-of-way, or similar uses) shall be treated in one of the following ways:
Revert to the identified zone.
Where no zone is identified by the Official Zoning Map, the vacated right-of-way or non-occupancy use shall acquire the zoning district classification of the adjacent property to which it reverts.
The Director shall determine the applicable zone; City Council approval and adoption by ordinance of the assigned zone shall be required to incorporate the zoning of the property into the Official Zoning Map.
Unclassified Areas.
Dedicated circulation rights-of-way, utility or maintenance easement/corridors, creek easements, railroad rights- of-way, or similar non-occupancy uses shown within a designated zone shall be deemed to be unclassified and shall not be used for development or structural purposes inconsistent with the established right-of-way use. In accordance with the provisions of Chapter 3.03 (Parking and Loading), off-street automobile parking may be permitted within such unclassified rights-of-way, provided that such parking is constructed in accordance with all applicable standards and all necessary permits and approvals are obtained. Railroad rights-of-way shall be used solely for the purpose of accommodating tracks, signals, other operative devices, and the movement of rolling stock, unless otherwise vacated.

§ 1.03.01 Instructions.

[9-21-2022 by Ord. 1782]
The following information summarizes how to use this Zoning Code given the anticipated range of applications that will be submitted and processed.
Zoning.
Find the property on the City's Official Zoning Map to determine which zone applies.
Land Uses.
See the "allowed land uses" table applicable to the zone to determine what uses are allowed on the site and what types of permit(s) are required. See Article 2 (Zone Regulations) for allowed land use tables for each zone.
Application Requirements.
Follow the application requirements identified in Article 6 (Administration and Procedures).
Zone Standards.
See the Chapters applicable to the zone to determine the development standards, operational standards, and all other provisions applicable to and required by the zone, per Table 1.02.03-1 (Base Zones and Overlay Zones).
Additional Standards.
Apply the design standards or other standards applicable to the zone or land use, if any. Supplemental development and design standards can be found by zone in Article 2 (Zone Regulations). Standards applicable to all uses or zones can be found in Article 3 (Citywide Regulations). Standards for special uses can be found in Article 4 (Regulations for Special Uses). Density bonus regulations and incentives for affordable housing can be found in Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing).
Parking Standards.
Provide at least the minimum required parking spaces as regulated by Chapter 3.03 (Parking and Loading).
Submit Application for Processing.
Submit an application for processing, in compliance with Article 6 (Administration and Procedures).