Indio City Zoning Code
ARTICLE 3
CITYWIDE REGULATIONS
For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Approving Authority.
§ 3.01.01 Fractions.
[9-21-2022 by Ord. 1782]
Whenever this Code requires consideration of distances, parking spaces, dwelling units, or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
A.
General Rounding.
Fractions exceeding one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions equal to or less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided.
B.
Exception for State Affordable Housing Density Bonus.
For the calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute and Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing), any fractional number of units shall be rounded up to the next whole number.
§ 3.01.02 Measuring Distances.
[9-21-2022 by Ord. 1782]
A.
Measurements Are Shortest Distance.
When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.
B.
Distances Are Measured Horizontally.
When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
C.
Measurements Involving a Structure.
Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
D.
Measurement of Vehicle Stacking or Travel Areas.
Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
E.
Measuring Radius.
When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.
FIGURE 3.01.02-1. Measuring Distances  |
§ 3.01.03 Measuring Heights.
[9-21-2022 by Ord. 1782]
A.
Height Measurements.
Height shall be measured as the vertical distance from finished grade at all points adjacent to the building exterior to the highest point of the structure directly above (see Figure 3.01.03-1. Measuring Heights). For properties on a slope, the height of a structure shall be measured as the vertical distance from the average elevation of the finished grade to the highest point of the structure. The average elevation is determined by averaging the highest and lowest elevation points of the structure (see Figure 3.01.03-1. Measuring Heights).
FIGURE 3.01.03-1. Measuring Heights  |
B.
Height of Structures.
The height of each structure shall not exceed the height limit established for the applicable zone in Article 2 (Zone Regulations), except as otherwise provided by this Section. Maximum building height may include one additional subterranean story. Additional height limits are established for Sections 3.02.04 (Accessory Structures), 3.02.10 (Fences, Walls, and Screening), 3.02.11 (Outdoor Lighting), Chapter 3.05 (Sign Regulations), and Chapter 4.26 (Telecommunications/Wireless Facilities).
C.
Height of Structure Exceptions.
The overall building height shall not exceed the maximum height standard of the zone, except that the following architectural features may exceed height limits up to the "Maximum height with architectural features" as established by zone in Article 2 (Zone Regulations), by Review Authority approval, or as otherwise allowed by this Code:
1.
Architectural features, including skylights, chimneys, steeples, spires, towers, cupolas, and similar unoccupied features as approved by the Director;
2.
Elevators and stairways;
3.
Solar roof panels and appurtenant equipment;
4.
Antennas allowed without a discretionary permit, as identified by the FCC;
5.
Other mechanical equipment usually required to be placed above the roof level and not intended for human occupancy or to be used for any commercial or advertising purpose (e.g., water tanks, air conditioning units); and
6.
Flagpoles and sculptures, provided that the same may be safely erected and maintained at such a height with respect to the surrounding conditions and circumstances.
D.
Measuring the Number of Stories.
In measuring the number of stories in a building, the following rules shall apply:
1.
An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-half of the total area of the nearest full floor directly below it.
2.
Subterranean stories do not count towards maximum number of stories except as noted. A subterranean story shall be counted as a full story if the vertical distance between finished grade and the finished surface of the floor above the basement is more than four feet at any point.
3.
A story shall not exceed 25 feet in height from the upper surface of the floor to the ceiling above.
E.
Fence and Wall Height Measurement.
1.
Fence and wall height shall be measured as the vertical distance from the average of the ground levels immediately adjacent to both sides of the fence or wall to the top edge of the fence, wall, or other screening device. For example, when there is a difference in the ground level between two adjoining parcels, the fence or wall shall be measured at the mid-point of the retaining wall height as measured on the side with the lowest finish grade. See Figure 3.01.03-2. (Measurement of Fence and Wall Height on Parcels with Different Elevations).
2.
Where a grade differential exists between two properties and/or a retaining wall, the height of a fence or wall is measured as the vertical distance from the average of the ground levels immediately adjacent to both sides of the fence or wall to the highest point of such fence or wall.
3.
An earthen berm or mound not taller than two feet may count toward required height of landscaping and screening.
FIGURE 3.01.03-2. Measurement of Fence and Wall Height on Parcels with Different Elevations  |
F.
Measuring the Height of Decks.
Deck height is determined by measuring from the ground to the top of the floor of the deck directly above the ground below.
§ 3.01.04 Lots and Setbacks.
[9-21-2022 by Ord. 1782]
A.
Lot Width.
Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
B.
Lot Depth.
Lot depth is measured along a straight line down from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.
FIGURE 3.01.04-1. Measuring Lot Width and Depth  |
C.
Setbacks and Yards.
The calculations of measurements related to setbacks and yards are described in Section 3.02.03 (Setbacks and Encroachments).
§ 3.01.05 Floor Area and Lot Coverage.
[9-21-2022 by Ord. 1782]
A.
Determining Floor Area.
The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structures, measured from the outside perimeter of the exterior walls.
1.
Included in Floor Area.
Floor area includes, but is not limited to, all habitable space (as defined in the California Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings. In the case of a multi-story building that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
2.
Excluded from Floor Area.
Floor area does not include mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building's gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as usable open space such as balconies and outdoor terraces; and subterranean floors submerged more than four feet below finished grade of the property. Also excluded are areas used for all off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles.
3.
Non-Residential Uses.
For non-residential uses, gross floor area includes pedestrian access interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight. Non-residential gross floor area does not include arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the public but are not designed or used as sales, display, storage, service, or production areas.
B.
Determining Floor Area Ratio.
The floor area ratio (FAR) is the ratio of the floor area, excluding the areas described in Subsection C (Determining Lot Coverage), of all primary and accessory buildings on a site to the site area. To calculate the FAR, gross floor area is divided by site area and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.
C.
Determining Lot Coverage.
Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed to calculate lot coverage. The following structures shall be excluded from the calculation:
1.
Unenclosed and unroofed decks, patio slabs, porches, landings, and stairways less than four feet in height;
2.
Eaves and roof overhangs projecting up to three feet from a wall;
3.
Trellises and similar structures that have roofs that are at least 50 percent open to the sky through uniformly distributed openings;
4.
Swimming pools and hot tubs that are not enclosed in roofed structures or decks.
FIGURE 3.01.05-1. FAR  |
FIGURE 3.01.05-2. Determining Lot Coverage  |
§ 3.01.06 Density.
[9-21-2022 by Ord. 1782]
Density is the number of units per gross acre of a given land area (project area, subdivision, or parcel). In mixed-use projects, density is the number of housing units divided by the land area of the mixed-use development (that includes areas used for non-residential uses such retail space). The lot area that contains publicly-accessible private open space, public and private streets and pathways, dedicated public parkland, above ground stormwater facilities, and required easements will be counted toward lot area for the purpose of calculating residential density.
§ 3.02.01 Purpose and Applicability.
[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to prescribe site regulations that apply, except where specifically stated, to development in all zones and are intended to ensure that proposed development is compatible with existing and future development on neighboring properties. These standards shall be used in conjunction with the standards for each zone established in Article 2 (Zone Regulations). In any case of conflict, the standards specific to the zone shall control.
§ 3.02.02 Site Design.
[9-21-2022 by Ord. 1782]
A.
Applicability.
The standards in this Section shall apply in all residential, commercial, and mixed-use zones.
B.
Block Size.
The maximum block size shall be no greater than 4 acres in size. No block shall be greater than 400 feet in length without a publicly-accessible path or street connecting from one public right-of-way to another public right-of-way or turn around point. Alleys do not count as a connecting street or publicly-accessible path.
C.
External Connectivity.
Streets within any proposed building/development site shall, to the extent feasible and unless alternatively approved by the Director, be aligned with existing and planned streets and pathways in the surrounding area to create a continuous street pattern. All streets, alleys, pedestrian and bike pathways in any building/development site shall connect to other streets and to existing and planned public sidewalks, streets, open spaces, and bike paths outside the proposed development to the extent feasible. Any dead-end street longer than 300 feet shall be connected to other streets by a pedestrian path.
D.
Multi-Modal Site Access.
Pedestrian and bike connections shall connect to existing and proposed public sidewalks, streets, transit stops, open spaces, bike paths, bicycle parking areas, and automobile parking areas adjacent to the project site.
1.
A pedestrian pathway or multi-use path (pedestrian and/or bicycle) between buildings or through parking lots from the sidewalk to the interior of the site shall be provided for every 400 feet of a project's frontage.
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a.
Pedestrian pathways/sidewalks shall have a minimum six-foot wide unimpeded throughway for the extent of the path or sidewalk.
b.
Multi-use paths through sites that connect two parallel public or publicly-accessible rights-of-way shall permit 24-hour access for pedestrians, cyclists, and as appropriate emergency vehicles, and shall provide at minimum a 12-foot-wide path within a minimum 20-foot-wide public access easement.
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2.
Pedestrian pathways/sidewalks connecting to the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. A pedestrian pathway/sidewalk shall connect the primary building entry or entries to the public sidewalk on each street frontage. Pedestrian pathways/sidewalks a minimum five feet wide shall be provided from the public right-of-way to all primary entryways, common areas, guest/customer vehicle parking and bicycle parking areas.
E.
Internal Streets and Paths.
Internal private drives, streets, and paths shall meet the following standards:
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1.
Private streets shall be a minimum of 26 feet wide, including a clear 20-foot-wide path of travel, and be designed consistent with City standards in the City Design and Engineering Manual. All publicly-accessible private streets and multi-use pathways shall provide a minimum of one tree per 35 linear feet of street/pathway.
2.
Private streets, including emergency vehicle access areas, shall be set back a minimum of five feet from interior property lines.
3.
Differentiated paving materials, textures (i.e., stamped patterns), and/or colors shall be required where pedestrian paths cross parking areas (where applicable).
4.
Private streets shall include on both sides of a street a minimum 6-foot wide sidewalk with a minimum 4-foot wide planting strip. Trees shall be planted at a minimum average spacing between trees of 35 feet. Shrubs and groundcover shall cover at least 30 percent of the planting strip. See also the City standards in the City Design and Engineering Manual.
5.
Private streets and paths shall be publicly accessible 24 hours a day.
6.
Buildings fronting internal streets and paths, both public and private, shall follow all standards as if the building has a front parcel line at the back of walk for the internal street or path.
F.
Access.
Appropriate access routes necessary for fire and safety access, subject to City approval, shall be provided for all areas of a project. See also the City standards in the City Design and Engineering Manual.
§ 3.02.03 Setbacks and Encroachments.
[9-21-2022 by Ord. 1782]
A.
Measurement of Setbacks.
1.
Required setbacks shall be measured as the minimum horizontal distance from the nearest point of the front, side, or rear property line of the parcel to the nearest wall of the structure (see Figure 3.02.03-1. Measurement of Setbacks), with the following exceptions:
a.
When a property abuts a street with a required dedication or easement, the required setback shall be measured from the dedication/easement line.
b.
Where a specific street plan has been adopted by the City Council, site area and required yards shall be measured from the plan line.
2.
Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street.
3.
For flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot. For flag lots, this excludes the narrow portion of the lot that represents the "pole."
4.
For through lots/double frontage lots, both lot lines are front lot lines and the lot is considered to have no rear lot line.
FIGURE 3.02.03-1. Measurement of Setbacks  |
B.
Setback and Yard Requirements.
1.
Except as permitted in Subsection C (Encroachments into Minimum Required Setbacks), or as otherwise specified in this Code for specific types of structures (e.g., accessory structures, signs) or through the issuance of a variance, structures shall not extend beyond required setback lines as established for each zone in Article 2 (Zone Regulations).
2.
A required yard area is the yard space between the property line and the minimum setback as required by this Code. Lot and yard types are further defined in Article 7 (Definitions).
3.
On a reversed corner lot, the minimum street side yard shall be no less than the required front yard on the adjoining key lot.
4.
Except as otherwise permitted, front and street side yards shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.
C.
Encroachments into Minimum Required Setbacks.
Projections such as eaves, cornices, awnings, louvers, porches, stairs, flues, and chimneys may encroach into required setbacks according to the standards of Table 3.02.03-1. (Allowed Encroachments into Setbacks), subject to all applicable requirements of the Building Code. The "Limitations" column states any dimensional, area, or other limitations that apply to such projections. Table 3.02.03-1 applies to all zones unless otherwise specified. Any projection over City property is subject to City discretion and issuance of an encroachment permit.
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TABLE 3.02.03-1: Allowed Encroachments into Setbacks | ||||
|---|---|---|---|---|
Projection | Front/Street Side Yard | Interior Side Yard | Rear Yard | Limitations/Additional Regulations |
All projections | • Unless otherwise specified, no projection may extend closer than three feet to an interior lot line or into a public utility easement. • The total area of all building projections shall not exceed 35 percent of the primary building facade area. Primary building facade is the facade built at the property or setback line. • Where any allowance of this Code conflicts with applicable building codes, the more restrictive shall apply. | |||
Architectural Features (Eaves, Cornices, Bay Windows, Chimneys) | 3 ft | 3 ft | 3 ft | • May encroach to within 3 feet of property line. • Aggregate width of oriel or bay windows shall not exceed 50% of the length of the wall in which they are located and the width of any individual oriel or bay window shall not exceed 10 feet. • Upper-floor architectural projections shall have a minimum vertical clearance of 8 feet above grade. |
Weather Protection (awnings, canopies) | 5 ft from building face at property line or at the minimum setback line | To within 3 feet of rear and side property lines. | May encroach beyond the front property line over sidewalk in instances where the minimum setback is less than 5 feet with an encroachment permit. Weather protection shall have a minimum vertical clearance of 8 feet above grade. | |
Open, unenclosed fire escapes and fireproof outside stairways | 4 ft | 4 ft | 4 ft | May encroach to within 3 feet of property line. May be covered but not enclosed. |
Uncovered and unenclosed porches, landings, decks, patios, stoops, and similar features less than 4 ft in height | 6 ft | 5 ft | 6 ft | May encroach to within 5 ft of property line. |
Uncovered and unenclosed stairs, porches, landings, decks, patios, stoops, and similar features exceeding 4 ft in height, and upper-level balconies and decks | 3 ft | 3 ft | 6 ft | May encroach to within 5 ft of property line. |
Covered patios and porches attached to main structure | 4 ft | 0 ft | 6 ft | May encroach to within 5 ft of property line. May be covered but not fully enclosed. |
Uncovered steps and ramps under 4 ft in height | To within 3 ft of property line | To within 3 ft of property line | To within 5 ft of property line | |
Outdoor fireplaces | May not encroach | No closer than 5 feet from a property line, except when adjacent to permanent open space such as a golf course, common landscape or hardscape area, drainage channel, and the like, in which case it may be within 3 feet of the property line | The height of the chimney may be up to six feet unless required to be higher to comply with building code requirements. In such cases, the height shall not be higher than the minimum height required by the adopted building codes. | |
Ponds, waterfalls, and other water features | No closer than 5 feet from a property line, except when adjacent to permanent open space such as a golf course, common landscape or hardscape area, drainage channel, and the like, in which case it may be within 3 feet of the property line. | Within 5 feet of any property line, the height of water features shall not exceed 6 feet when adjacent to a residentially zoned property. | ||
Evaporative coolers, air conditioners, and compressors | May not encroach | To within 3 feet of rear and side property lines. | Cannot be located in front of any building. | |
Pools and Spas | See Section 3.02.05 (Swimming Pools and Spas) | |||
Accessory Structures | See Section 3.02.04 (Accessory Structures) | |||
FIGURE 3.02.03-2. Allowed Encroachments into Setbacks  |
D.
Encroachments Allowed without Restrictions.
The following features are allowed anywhere in any required yard without restriction:
1.
Plant material including trees, shrubs, vines, hedges, and ground cover.
2.
Uncovered landscape features such as paths, benches, flagpoles, sculptures, and similar decorative features.
3.
Retaining walls, berms, earthen mounds, embankments, and other fill, subject to building and/or grading permits.
4.
Fences, hedges, and walls not exceeding the maximum allowed height per Section 3.02.10 (Fences, Walls, and Screening).
5.
Trellises and arbors to support vines and planting.
6.
Entry features such as gates, arbors, and similar entry features not exceeding eight feet in height, ten feet in width, and three feet in depth.
7.
Irrigation, drainage, and lighting systems.
8.
Utility poles, wires, and pipes.
9.
Stormwater treatment features.
10.
Public art.
11.
Bicycle parking.
12.
Disabled access features, including, but not limited to, ramps and mechanical lifts, as required by the California Building Code and/or Americans with Disabilities Act.
§ 3.02.04 Accessory Structures.
[9-21-2022 by Ord. 1782]
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A.
Purpose and Intent.
This Chapter establishes development standards for detached residential accessory structures. The purpose of this Chapter is to protect the public health, safety, and welfare by maintaining safe distances between structures, establishing architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space.
B.
Applicability.
The requirements contained in this Section shall apply to detached accessory structures on private property and shall be in addition to any other development standards contained elsewhere in this Code. These include, but are not limited to, garages, carports, sheds, workshops, gazebos, and covered patios, that are detached from and accessory to the main building on the site. In the event of a conflict between the provisions of this Section and any other provisions of this Code, the stricter regulation shall control. For the purposes of this Code, accessory dwelling units are not considered accessory structures; accessory dwelling units are governed by the requirements of Chapter 4.02 (Accessory Dwellings Units) and are exempt from the requirements of this Section. Structures with a common wall or roof with the main building shall be considered part of the main building. The provisions of this Section also do not apply to accessory buildings or structures attached to the main building, which shall comply in all respects with the requirements of this Code applicable to the main building. Allowed building projections into yards and required building separations are provided in Section 3.02.03C (Encroachments into Minimum Required Setbacks).
C.
Development Standards for Accessory Structures.
1.
Relation to Existing Structures.
A detached accessory building or structure may only be constructed on a lot on which there is a permitted main building to which the accessory building or structure is related.
2.
Amenities.
Accessory structures shall not contain indoor cooking facilities (combination of a sink, cooking apparatus, and refrigeration appliance) and shall not be designed for full-time living, guest accommodation (i.e., guesthouses), or rental purposes (see Chapter 4.02 (Accessory Dwelling Units). Pool houses that conform to the requirements of this Chapter are permitted. Accessory structures may have plumbing for a washer, dryer, toilet, shower, and/or utility sink.
3.
Separation Between Structures.
Minimum distance between structures shall be provided in accordance with the regulations set forth in Article 2 (Zone Regulations) for each zone.
4.
Lot Coverage.
The total lot coverage of the main dwelling, any accessory dwelling unit, and/or any accessory structures shall not exceed the maximum lot coverage as established by the applicable zone.
5.
Setbacks and Heights.
Accessory structures shall meet the setback and height standards provided in Table 3.02.04-1. Accessory Structure Setbacks and Height Limits).
TABLE 3.02.04-1: Accessory Structure Setbacks and Height Limits | ||||
|---|---|---|---|---|
Accessory Structure | Minimum Setback from Property Line1 | Maximum Height1 | ||
Front | Street Side | Rear/Interior Side | ||
Detached garage | Same as for primary structure | Same as for primary structure | 3 ft | 14 ft |
Structure/Building, < 80 sf and < 6 ft tall | Same as for primary structure | Same as for primary structure | 3 ft | 6 ft |
Structure/Building, < 80 sf and > 6 ft tall | Same as for primary structure | Same as for primary structure | 3 ft | 14 ft |
Structure/Building, > 80 sf and > 14 ft tall | Same as for primary structure | Same as for primary structure | 5 ft | 20 ft |
Play Equipment | Same as for primary structure | Same as for primary structure | 3 ft | 14 ft |
1. | In the DE-1 zone, maximum height for barns and stables shall be 35 feet. Stables and barn yards shall be set back at minimum 50 feet from all property lines. |
FIGURE 3.02.04-1. Accessory Structure Setbacks  |
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§ 3.02.05 Swimming Pools and Spas.
[9-21-2022 by Ord. 1782]
Swimming pools, spas, and any body of water having a depth of more than 18 inches and related equipment shall comply with the following standards, in addition to all applicable requirements of the Building Code.
A.
Water-Containing Portions of Swimming Pools and Spas.
The outside wall of the water-containing portion of any swimming pool or spa shall be located as follows:
1.
Front Setback.
The outside wall of the water-containing portion of any swimming pool or spa shall not encroach into the front setback area unless approved by the Director due to special lot conditions.
2.
Street Side Setback.
The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of 10 feet from the street side property line. Where the lot is enclosed by a masonry subdivision perimeter wall, the street side setback is five feet.
3.
Interior Side and Rear Setbacks.
The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from the interior side and rear property lines.
4.
Dwelling Unit Setback.
The outside wall of the water-containing portion of any swimming pool or spa shall be located a minimum of five feet from the exterior wall of any dwelling unit.
FIGURE 3.02.05-1. Swimming Pool and Spa Setbacks  |
B.
Pool Filter, Heating, and Maintenance Systems.
All pool and spa filter, heating, and maintenance systems and equipment shall not be located within any required setback adjacent to a public street, or within three feet of an interior side or rear property line, or within 10 feet of the living area of any dwelling unit on an adjacent parcel unless located completely within a soundproof enclosure.
§ 3.02.06 Visibility Area.
[9-21-2022 by Ord. 1782]
A.
Height Limit at Street Corners.
Development proposed adjacent to any public or private street, or an alley intersection, shall be designed to provide a traffic safety visibility area (i.e., sight triangle) for pedestrian and traffic safety.
1.
Measurement of Visibility Area.
The traffic safety visibility area is the triangle formed at the intersection of two streets and/or alley rights-of-way by measuring 20 feet along both the front and side property lines and connecting the lines diagonally across the property.
2.
Height Limit.
No structure, sign, or landscaping shall exceed three feet in height within the traffic safety visibility area (i.e., sight triangle), unless approved by Public Works.
FIGURE 3.02.06-1. Visibility Area  |
B.
Height Limit at Driveways.
A minimum sight triangle extending ten feet shall be maintained at all driveways.
1.
Pedestrian Safety.
Within a driveway sight triangle, no plant material, tree trunks, signage, walls, fences, or any other obstructions shall interfere with the driver's view of pedestrians on a public sidewalk.
2.
Height Limit.
Within the driveway sight triangle, signage, walls, fences, etc., shall not exceed three feet in height. Within the driveway sight triangle, plant material shall not exceed three feet in height at maturity; trees shall be trimmed so that branches are at least seven feet above top of curb level.
§ 3.02.07 Utilities, Service Areas, and Building Equipment.
[9-21-2022 by Ord. 1782]
A.
Applicability.
This Section applies to stand-alone non-residential uses in the city. See Section 3.02.08 (Refuse and Recycling) for regulations on refuse and recycling areas.
B.
Undergrounding of Utilities.
All new utility boxes and equipment and utility connections shall be undergrounded unless otherwise prohibited by the utility provider (e.g., water backflow prevention device that must be placed above ground) or the City Engineer grants an exemption following his/her determination that such undergrounding is not practicable.
C.
Location of Service Areas, Storage, Utilities, and Equipment.
All above-ground utilities and equipment (e.g., electric and gas meters, fire sprinkler valves, irrigation backflow prevention devices, etc.), service areas, and storage areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by following the standards below:
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1.
Utilities and equipment, service, storage, and non-passenger loading areas shall be located inside of buildings or on non-primary street frontages, alleys, parking areas, and/or at the rear or side of building.
2.
Utilities and equipment, service, storage, and non-passenger loading areas shall not be located within the minimum setback areas, along mid-block pedestrian connections, within the public right-of-way, and/or within 25 feet of a street corner.
3.
Utilities and equipment, service, storage, and non-passenger loading areas shall be fully screened from view per Subsection D (Service, Storage, Utility, and Equipment Screening) below.
D.
Service, Storage, Utility, and Equipment Screening.
All service and storage areas, utilities, and equipment not housed inside buildings shall meet the following screening standards:
1.
Screening shall be equal to or higher than the height of the equipment to be screened, unless specified otherwise.
2.
Screening shall be made of a primary exterior finish material used on other portions of the building, architectural grade wood or masonry, metal, or landscape screening that forms an opaque barrier when planted.
E.
Location and Screening of Rooftop Equipment.
Rooftop elements including roof access, mechanical equipment, and other features needed for the function of the building shall be located to minimize visual impact by meeting the following requirements. Mechanical equipment less than two feet in height, solar panels, wind generators, or green roof features are exempt from these requirements.
1.
Mechanical equipment shall be set back a minimum of 10 feet from the roof edge or screened with a parapet wall.
2.
Rooftop equipment shall be screened such that it is not visible from any point at or below the roof level of the subject building (see Subsection D (Service, Storage, Utility, and Equipment Screening)).
§ 3.02.08 Refuse and Recycling.
[9-21-2022 by Ord. 1782]
A.
Applicability.
Any new development project for which an application for a building permit is submitted after the Effective Date of this ordinance shall include adequate, accessible areas for collecting and loading refuse and recyclable materials. These regulations apply to refuse and recycling areas not accessible to the public, and which are used exclusively by the tenants/owners of the development site. The provisions of this Section apply to all development except:
1.
Single-family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers. In such cases, no enclosure structure shall be required, however individual trash and recycling containers shall be stored in such a manner that containers are not visible or screened from public view from the front of the property. Containers may be placed in public view for purposes of collection.
Effective December 31, 2024, all existing developments, except single-family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers, must also comply with the provisions of this Section. The Director or designee shall have the discretion, as set forth in Subsection G, to provide adjustments or exceptions to assist existing businesses with compliance to this Section.
B.
General Requirements.
1.
Trash and recycling containers and collection areas shall be adequate in capacity, number, and distribution to accommodate all waste generation of the site. An area for the storage of trash shall be provided with minimum clear dimensions of five feet by seven feet for all multi-family residential uses of four to 19 dwelling units, and for all non-residential uses with a gross floor area of less than 5,000 square feet. Multi-family residential uses with 20 or more dwelling units, and non-residential uses with 5,000 square feet of gross floor area or more, shall provide trash storage areas with the minimum size determined by the local disposal service based on the type of use, the size of the refuse area proposed, and the frequency of refuse collection.
2.
Adequate and accessible enclosures for the storage of trash and recyclable materials shall be provided. An alternative to a trash/recycling enclosure shall include the placement of a bin in a concrete or metal lined pit. The use, location, design, construction, and accessibility of enclosures shall conform to the requirements in this Code, and shall be reviewed by the local disposal service and approved by the Director.
3.
When a site is retrofitted or upgraded to comply with refuse and recycling standards, the location of any new enclosures shall be reviewed by the local disposal service and approved by the Director. A maximum of one parking space per enclosure may be eliminated if it can be shown that the elimination of said parking space will not be deleterious to the circulation and parking conditions on site.
4.
Solid waste collection areas shall not be used for storage or other purposes.
C.
Location.
1.
Refuse and recycling collection areas shall be located inside of buildings or inside of enclosures located along alleys or in parking areas at the rear or side of buildings. Refuse collection areas are prohibited within any required front yard, street side yard, any required parking spaces, landscape areas, and open space areas.
2.
Enclosures shall be located a minimum of 10 feet from any structure, 25 feet from any public street, 15 feet from a private street and, in non-residential areas, 20 feet from any residential zoned property line.
3.
The location of enclosures shall not conflict with circulation or parking conditions on site. A condition shall not be created where a parked vehicle will obstruct access to an enclosure nor where a disposal truck will obstruct parked vehicles.
D.
Access.
The storage area for refuse and recyclable materials shall be accessible to pedestrians (both residents and/or employees) of the development site and to refuse and recycling haulers. Vehicle access requirements are as follows:
1.
Driveways or travel aisles leading to exterior collection areas or enclosures shall be a minimum of 16 feet in width and paved in accordance with this Code's paving requirements.
2.
Where driveways do not extend from street to street, a turnaround area for collection vehicles shall be provided. Minimum turning radius for collection vehicles at 26/46.
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3.
Driveways or travel aisles shall provide unobstructed paved access for collection vehicles and provide a minimum of 15 feet vertical clearance. In loading areas, minimum overhead vertical clearance shall be 25 feet for loading operations.
4.
A concrete apron or pad, having a minimum size of 10 feet wide by 20 feet long, shall be constructed in front of each exterior collection area or enclosure or at the point of pick-up by the collection vehicle. The purpose of this pad is to prevent damage to the surrounding asphalt paving. The pad shall have a level surface (no slope) and shall be paved with concrete. The Director may waive the requirement for, and/or size of, the concrete apron or pad provided the property owner can demonstrate that the existing asphalt located at the access and servicing areas of the refuse and recycling enclosure has withstood on-going, regular use without appreciable degradation.
E.
Enclosures.
Exterior collection areas must be within an enclosure that meets the following standards.
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1.
Minimum Height.
Enclosures shall be adequate height to fully screen containers and materials within, with a minimum height of six feet.
2.
Design and Materials.
Trash/recycling enclosures shall be constructed of a primary exterior finish material and color used on other portions of the building, architectural grade wood or masonry, metal, or decorative block.
3.
Pedestrian Access.
A pedestrian access and separate access for primary collection shall be provided.
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4.
Controlled Access and Roofing.
Refuse and recycling enclosures must be fully enclosed, including solid roofing over the structure to block rainfall and prevent uncontrolled access to collection areas. Lids must always remain closed except when loading or unloading.
5.
Gates.
Solid metal gates painted to match the enclosure shall be required. All gates shall be post mounted. Gates shall be secured with a padlock approved by the local disposal service.
6.
Protection from Bins and Vehicles.
Concrete curbs, bollards, or wheel stops shall be installed or constructed inside the enclosure to prevent bins from damaging the enclosure. Concrete curbs or equivalent shall protect the exterior of enclosures from adjacent vehicle parking and travel ways.
F.
Maintenance.
Maintenance of each enclosure area and any bins and containers shall be the responsibility of the property owner. The property owner shall be responsible for keeping the area clean and free of litter, rodents, and insects. Enclosures that are damaged to the point of non-use will result in a service interruption if the hauler cannot access the containers and shall be repaired or replaced within 60 calendar days following notification by the City.
G.
Procedures and Exceptions.
The Director shall have the authority to approve exceptions, or consider modified design standards, to the requirements of this Section, for existing and new development projects, and projects involving the expansion or retrofit of an existing development. The property owner/applicant must first prove that he/she cannot meet the requirements for the refuse and recycling collections areas as set forth in this Section and any other applicable Section.
1.
Reasons for Exceptions.
Exceptions may be approved for reasons including, but not limited to, the following:
a.
The requirement to provide adequate space for refuse and recyclable materials storage and collection would necessitate the conversion or removal of required parking spaces or required landscaping, or would conflict with some other essential site improvement required by the City;
b.
The nature of the proposed development justifies the provision of less recyclable materials storage and collection space than mandated by this Section; or
c.
Construction of the full enclosure would reduce the vehicular access aisle to less than acceptable width. Cost alone is not a valid reason for granting an exception.
2.
Required Findings.
Exceptions from any provision of this Section may be approved if the following findings can be made:
a.
That the exception from these requirements will not be detrimental to public health, safety, or welfare nor result in a nuisance; and
b.
That the project will provide adequate capacity, number, and distribution of collection areas to serve the new or existing development.
FIGURE 3.02.08-1. Solid Waste Trash Enclosure Specification Sheet  |
§ 3.02.09 Landscaping.
[9-21-2022 by Ord. 1782]
A.
Purpose.
The purpose of this Section is to establish minimum landscape standards to enhance the appearance of developments, reduce heat and glare, control soil erosion, conserve water, establish buffers and screening between land uses or of unsightly features, and to ensure the ongoing maintenance of landscape areas.
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B.
Applicability.
These standards shall apply to all new development and major additions or renovations of existing properties/structures in the City (as defined in Article 7 (Definitions)). This Section shall not apply to the following:
1.
Properties zoned OS (Open Space).
2.
Properties zoned RR (Resource Recovery).
C.
Landscape and Irrigation Plan and Review Process.
1.
Projects Subject to the Water Efficient Landscape Ordinance.
a.
Applicability.
All project that meet the criteria below shall comply with the Water Efficient Landscape Ordinance, as follows.
i.
New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building permit, Zoning Clearance, or Planning Review.
ii.
Renovated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building permit, Zoning Clearance, or Planning Review.
b.
Process.
A landscape documentation package shall be prepared and approved in accordance with Indio Municipal Code Section 54.064.2 (Water Efficient Landscape Development Standards). The landscape documentation package requirements can be found in Ordinance 1684.
2.
All Other Landscape Projects.
a.
Applicability.
All other landscape projects that do not meet the criteria listed above.
b.
Landscape and Irrigation Plan.
A landscape and irrigation plan shall be submitted to the Director in conjunction with site improvement plans. The plans shall show the exact location of and irrigation for trees, shrubs, and ground cover. The landscape plan shall include, at a minimum, plant name, plant quantity, plant size, location of impervious surfaces, minimum landscape coverage and percentage live plant material, utilities and lighting, irrigation system, and plans for tree retention and removal where applicable. The landscape plan shall also include a water budget that includes the estimated water use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute.
3.
Landscape Plan Review Process.
The following landscape plan review process shall be conducted in conjunction with review for the proposed action, pursuant to the requirements of Article 6 (Administration and Procedures).
a.
Approving Authority.
The approving authority shall be the same as the approving authority of the permit or approval sought for new projects or modifications to existing development. to existing development.
b.
Approval of Plans.
The approving authority shall review and approve the landscape and irrigation plan prior to issuance of building permits or planning entitlements for new projects or modifications to existing development.
c.
Approval Required.
The landscaping shall not be installed until the applicant receives approval of the landscape and irrigation plan by the approving authority and any applicable permits have been issued.
d.
Changes to Approved Plans.
Changes to the approved landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation.
D.
Irrigation and Water Efficient Landscape Standards.
Required landscape areas shall be supported by a permanent, automatic irrigation system coordinated to meet the needs of various planting areas. Proper irrigation shall be provided for healthy plant growth and maturation, and shall be designed to avoid the watering of structures, public walkways, and pedestrian access areas.
A landscape documentation package prepared and approved in accordance with Indio Municipal Code Section § 54.064.2 (Water Efficient Landscape Development Standards) shall be required for any project that is subject to the procedures and standards set forth in that Section. For all other projects, the following apply:
1.
Irrigation systems shall be designed to avoid runoff, excessive low head drainage, overspray or other similar conditions where water flows or drifts onto adjacent property, non-irrigated areas, walkways, roadways, or structures.
2.
Low-volume irrigation systems with automatic controllers shall be required. Low-volume irrigation systems include low-volume/high-efficiency sprinkler heads, bubbler, drip irrigation, and soaker hose emitters. Irrigation systems shall be equipped with a meter or submeter and backflow preventer.
3.
Automatic controllers shall be set to water between 7:00 p.m. and 10:00 a.m. to reduce evaporation.
4.
An irrigation schedule indicating the four seasons of watering cycles is recommended for all irrigated landscape areas, and is required for those projects with a total landscape area of 2,500 square feet or more.
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E.
Timing of Installation.
Required landscape and irrigation improvements shall be installed prior to the issuance of a certificate of occupancy by the Building Official unless specified otherwise in the project's conditions of approval.
F.
Minimum Landscape Coverage and Live Plant Material.
Yards and setback areas shall be landscaped in accordance with the regulations set forth in Article 2 (Zone Regulations) which establishes minimum landscape coverage and percentage of live plant material required for each zone. Areas devoted to parking, driveways, and walkways are excluded from the calculation of minimum landscaped area. Live plant materials include groundcover, shrubs, and trees. The remainder of landscaped yard and setback areas may be rock, gravel, pebbles, stones, or similar natural non-living material. Landscaped areas shall be top dressed with a rock, gravel, or an approved alternative to avoid exposed bare soil. Synthetic turf may be counted towards the required minimum landscape coverage, but does not count as live plant material. Required landscaping of public and common open spaces can be found in Article 2 (Zone Regulations).
G.
Plant Types.
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1.
Drought-Tolerant and Native Species.
Landscape planting shall incorporate at minimum 50 percent drought-tolerant and native species (especially along natural, open space areas), and shall be suitable for the soil and climatic conditions specific to the site.
2.
Group Plants by Water Use.
Plants shall be grouped according to their water needs and irrigated separately from other groupings to promote water efficiency.
3.
Street and Parking Lot Trees.
a.
Street and parking lot trees shall be selected from the Coachella Valley Water District's "Lush and Efficient: Desert-Friendly Landscaping in the Coachella Valley" guidebook.
b.
Trees planted within ten feet of a street, sidewalk, paved trail, parking area, or walkway shall be a deep-rooted species or shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements.
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H.
Turf and Synthetic Turf.
1.
Turf areas shall be limited to activity or recreation areas.
2.
Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation, or in high activity or foot-traffic areas such as sports fields. The following standards shall apply to the use and maintenance of synthetic turf.
a.
Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one-half inches.
b.
Synthetic turf used for pet areas shall be specifically formulated for that purpose.
c.
A proper drainage system shall be installed underneath to prevent excess runoff or pooling of water.
d.
Synthetic turf shall be installed and maintained to effectively simulate the appearance of a well maintained lawn.
e.
The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited.
f.
Trees should be kept a minimum of 10 feet away from synthetic turf areas.
g.
Synthetic Turf Maintenance Guidelines.
i.
Synthetic turf should be maintained free of moss, mold, algae, and fungi growth.
ii.
Chemical agents or contaminated water should not be applied to synthetic turf.
iii.
A turf groomer should be used to maintain the distribution of the infill material in the turf and to raise the turf fibers. Brushing should be performed every couple weeks, raking of the turf should be performed once a month, and cleaning/sanitizing should be performed once a year.
I.
Plant Size, Spacing, and Location.
In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:
1.
Shrubs Size.
All proposed shrubs, except accent, color, or ground cover planting, shall be a minimum 5 gallons in size, with a 15-gallon minimum size where required for screening. The minimum planter width for shrubs is 3 feet.
2.
Trees Size.
The minimum planting size for trees shall be 15-gallon, with 25 percent of all trees on a project site planted at a minimum 24-inch box size. Minimum planter width for trees shall be 5 feet.
3.
Spacing.
The spacing of trees, shrubs, and ground cover plants shall accommodate mature planting size. Where required for screening, spacing shall form an opaque barrier when planted.
4.
Location.
Trees and shrubs shall be located and spaced to ensure unobstructed access for vehicles and pedestrians and provide clear vision at intersections per Section 3.02.06 (Visibility Area).
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J.
Landscape Maintenance.
All landscaping shall be kept in an orderly condition, as follows:
1.
Prior to the installation of landscaping in the public right-of-way, the developer shall provide for the continued maintenance by an agreement with the City of Indio.
2.
Lawn and ground cover shall be trimmed or mowed regularly. All planting areas shall be kept free of weeds and debris.
3.
All plantings shall be kept in a healthy and growing condition. Fertilization, cultivation, and pruning shall be a part of regular maintenance. Good horticultural practices shall be practiced in all instances.
4.
Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be a part of regular maintenance.
5.
All significantly injured, decayed, or dead trees and other plant material shall be replaced within thirty days.
6.
Trees and shrubs shall not overhang or encroach upon walkways, drives, parking areas, and traffic signs to the extent that they interfere with the use of these areas. Tree limbs which overhang public sidewalks shall be kept trimmed to a height of at least eight feet above the sidewalk level. Tree limbs which overhang the street shall be kept trimmed to a height of at least 13 feet above the street level.
7.
Trees shall be staked and tied with lodge poles at the time of installation.
8.
Stakes and ties on trees shall be checked regularly for correct functions. Stales and ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches, and removed after trees are well-established.
K.
Parking Lot Landscaping.
Parking lot landscaping includes perimeter planters, abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot. The following parking lot landscape requirements are applicable to parking lots in commercial, industrial, mixed-use, and residential developments with five or more spaces.
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1.
Parking Area Landscape Plans.
Landscape and automatic system plans, including the type and location of plant materials, shall be submitted to and approved by the applicable Review Authority either as a part of a review process applicable to the subject property or prior to the issuance of building permits if no such review process is required.
2.
Minimum Landscaping and Distribution.
a.
Minimum Landscaping.
A minimum of 15 percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, and other plant material. A minimum of one-third of the required landscaping shall be distributed within the interior of the parking facility and the remaining two-thirds of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area. The parking area shall be computed by adding the areas used for access drive aisles, stalls, maneuvering, and landscaping within that portion of the premises that is devoted to vehicular parking and circulation.
b.
Minimum Trees.
A minimum of one 24-inch box tree shall be required for each four parking spaces. Said trees are intended to provide shade to parked vehicles and shall be of a type adapted for the climate of the Coachella Valley. Street side planters may contain palm trees at a rate of not more than 25 percent. Parking lot trees may be coordinated with required street trees, but in no event shall the number of trees be less than one for every 30 lineal feet of street frontage. The following exceptions shall apply:
i.
Where this ratio cannot be achieved due to the installation of solar facilities, trees shall be provided along the perimeter of the parking lot.
ii.
An existing shade tree may fulfill this requirement, so long as the existing shade tree is a minimum of four inches diameter at breast height. Existing mature trees on the site in good health shall be preserved whenever possible.
c.
Non-Plant Material.
Crushed rock, wood chips, pebbles, stones, and similar non-plant materials shall be allowed up to 60 percent of the total required landscaping. Landscaped areas shall be top dressed with a bark chip mulch or an approved alternative to avoid exposed bare soil.
d.
Parking Lot Hardscape Requirements.
Parking lot dividers, islands, planters, and planting areas shall be a minimum of five feet wide and five feet long (including the curb). Planters shall be separated from maneuvering and parking areas by a six-inch, raised concrete curb or equivalent. Tree areas shall be planted a minimum of five feet from walls, walkways, or buildings. To protect hardscape and encourage deep root development, root barriers shall be installed during planting operations.
e.
Access.
Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped planters and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes.
f.
Perimeter Landscape Strip.
Each unenclosed parking lot shall provide a perimeter landscaped strip where the facility adjoins a property line in accordance with the following standards. The perimeter landscaped strip shall be planted with trees, shrubs, and groundcover, and may include any landscaped yard or landscaped area otherwise required. The landscape strip shall be continuous, except for required access to the site or parking facility.
i.
Minimum five-foot landscape strip in the SN-4, SN-8, CN-14, CN-20, NC, MUN, and MT zones.
ii.
Minimum 10-foot landscape strip in the RC, IL, and IH zones.
3.
Landscaping Installation and Maintenance.
a.
Maintenance.
All parking lot landscaping shall be maintained in perpetuity, with all maintenance to include, but not be limited to, irrigation corrections, fertilization, pruning, and staking as required by Subsection J (Landscape Maintenance).
b.
Landscaping Irrigation.
Irrigation systems shall be installed within parking lot landscaping. The irrigation system shall be an automatic system with an irrigation timer and two drip or bubbler heads per tree to provide adequate deep root irrigation.
§ 3.02.10 Fences, Walls, and Screening.
[9-21-2022 by Ord. 1782]
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A.
Permit Requirements and Exemptions.
Unless otherwise exempt below, a Building Permit is required for new fences, walls, and screening.
1.
Residential Fences and Walls.
Fences and walls located in single-family residential zones (DE-1, DET-3, SN-4, SN-8) shall be constructed in compliance with the requirements of this Section.
2.
Required Fences and Walls.
The requirements of this Section shall not apply to a fence or wall required by any law or regulation of the County, State, or Federal government, or any agency thereof.
3.
Temporary Fencing.
Nothing in this Section shall be deemed to prohibit the erection of a temporary fence, including chain-link fencing, around construction projects in compliance with the building code and other applicable requirements of this Code.
B.
Required Screening Between Different Zones.
A screening wall or fence is required between different zones for new development. Within the required front or street side setback the wall or fence shall be reduced consistent with the property line site wall/fence height standards of the applicable zone (See Subsection C (Maximum Height)). Required screening shall be landscaped in accordance with Subsection F (Landscape Screening).
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1.
Between Non-Residential and Residential or Mixed-Use Zones.
Where a non-residential zoned property abuts a residential or mixed-use zoned property, a solid masonry wall or wood fence shall be installed along the adjacent interior property lines with a minimum height of six feet and a maximum height of seven feet.
2.
Between Mixed-Use and Stand-Alone Residential Zones.
Where a Mixed-Use zoned property abuts a residential zoned property, a solid masonry wall or wood fence shall be installed along the adjacent interior property lines with a minimum height of six feet and a maximum height of seven feet.
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3.
Between Non-Residential Zones.
Where non-residential zones abut each other, a solid masonry wall shall be installed along the interior property lines with a minimum height of six feet and a maximum height of eight feet. Where a non-residential property abuts another property in the same zone, walls are allowed but not required.
4.
Mobile Home Parks.
See Chapter 4.17 (Manufactured/Mobile Home Park).
5.
Adjacent to Freeways.
Fences, walls, berms and/or other sound atenuation features that border freeways may be constructed to a height of six feet above natural grade or to such other height as required by the Director, to adequately mitigate the adverse effects of noise and/or for aesthetic reasons as discussed in an environmental document (e.g., an EIR or negative declaration).
6.
Utilities, Equipment, and Service Areas.
All utilities, equipment, and service areas shall be screened in accordance with Section 3.02.07 (Utilities, Service Areas, and Building Equipment) and Section 3.02.08 (Refuse and Recycling).
7.
Parking and Loading Areas.
Parking and loading areas shall be screened in accordance with Chapter 3.03 (Parking and Loading).
8.
Outdoor Storage Areas.
Outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area/property, or publicly-accessible open space area with a solid masonry wall or wood fence a minimum of six feet in height and a maximum height of eight feet. In the IL and IH zones, screening walls shall be a minimum of eight and maximum of 10 feet in height.
C.
Maximum Height.
Unless otherwise specified and per Subsection D (Intersection and Driveway Visibility), fences, walls, and similar screening structures are limited to a maximum height as follows:
1.
Residential and Mixed-Use Zones.
a.
Within Required Front Setbacks:
Three feet. An additional foot of fencing is allowed (maximum four feet) provided that all fencing above three feet in height is at least 50 percent open/transparent.
b.
Within Required Street Side Setbacks:
Six feet. An additional foot is allowed (maximum seven feet), provided that the portion of the fence exceeding six feet in height consists of lattice or similar non-solid material.
c.
Within Required Interior Side and Rear Setbacks:
Six feet. An additional foot is allowed (maximum seven feet), provided that the portion of the fence exceeding six feet in height consists of lattice or similar non-solid material.
2.
Commercial Zones.
a.
No Closer than Five Feet from any Street-Facing Property Line.
Three feet. An additional foot of fencing is allowed (maximum four feet) provided that all fencing above three feet in height is at least 50 percent open/transparent.
b.
All Other Required Setback Areas.
Six feet. An additional foot is allowed (maximum seven feet), provided that the portion of the fence exceeding six feet in height consists of lattice or similar non-solid material.
3.
Industrial Zones.
a.
No Closer than Five Feet from any Street-Facing Property Line.
Six Feet.
b.
All Other Required Setback Areas.
Eight feet.
c.
Exception.
See outdoor storage screening standards in Subsection B.8 (Outdoor Storage Areas).
4.
Decorative Features.
Support posts or columns not exceeding 18 inches in width may exceed maximum allowable fence heights by a maximum of 4 inches. One entry gateway, trellis, or other entry structure is permitted in the required front or street-facing setback of each lot, provided that the maximum height or width of the structure does not exceed 10 feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and 10 feet.
5.
Recreational Fencing.
Fencing located around tennis courts, badminton courts, basketball or volleyball courts and similar recreation facilities up to 12 feet in height may be allowed with Director approval, providing that all parts of the fence over six feet are made of open wire construction or other corrosion-resistant and semi-transparent materials.
6.
Pools, Spas, and Similar Features.
Swimming pools, spas, and other similar water features shall be enclosed in compliance with building code requirements.
D.
Intersection and Driveway Visibility.
Notwithstanding other provisions of this Section, fences, walls, and related structures shall comply with the intersection and driveway visibility requirements in Section 3.02.06 (Visibility Area).
E.
Retaining Walls.
Retaining walls shall be required at all locations where there is a grade separation of more than 12 inches between properties. This may be waived by the Director upon approval of an alternative design by the City Engineer.
F.
Landscape Screening.
Required screening between different zones shall be landscaped as follows:
1.
Minimum one tree at least 15-gallons in size per 20 linear feet.
2.
Minimum three shrubs per 20 linear feet.
See Section 3.02.09 (Landscaping) for additional landscaping requirements.
G.
Materials.
1.
Prohibition on Potentially Hazardous Fencing Materials.
The use of barbed wire, razor wire, ultrabarrier, electrified, broken glass, and other hazardous fencing is not permitted unless such fencing is required by any law or regulation of the City, the State of California, Federal Government, or other public agency.
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a.
Exceptions.
i.
Public safety facilities, such as police stations and fire stations, are exempt.
ii.
The Director may approve an exception to this standard for sites in the I-L, I-H, or RR zones, provided the hazardous fencing materials are located at the top portion of a fence which is at least six feet in height and where the Director finds such fencing is necessary for security purposes. An Administrative Use Permit is required. These approvals shall not be granted unless the fence complies with all the following standards:
a)
No part of the electric fence is adjacent to public uses and public property, including but not limited to: parks, active open spaces, schools, daycare centers, after school programs, or other places where children may congregate.
b)
The applicant shall provide security and construction plans to the Indio Fire Department and Indio Police Department, both of which must review and approve the plans prior to the public hearing.
c)
The applicant shall design and install the electric fence in a manner that, in an emergency situation, the responding crews could immediately disable the electricity at the entry point.
d)
The applicant shall design and locate the lighting used to illuminate the electric fence to confine direct rays to the premises. No spillover or bleeding of light beyond the property line or into the sky shall be permitted.
e)
The applicant shall install an approved emergency access key lock box to the satisfaction of Indio Police Department and Indio Fire Department for emergency access to any site armed with electric fences.
iii.
Electrified fencing may be allowed in the DE-1 or DET-3 zones for animal control. An Administrative Use Permit is required. Such fences shall also be adequately signed with warnings.
2.
Limitation on Chain-Link Fencing.
a.
Residential Zones.
Chain-link fencing is prohibited in residential and mixed-use zones.
b.
Non-Residential Zones.
In non-residential zones, chain-link fencing shall not be visible from adjacent at-grade public streets, a State highway, or adjacent residential or mixed-use zones.
c.
Vacant Properties.
Vacant properties in any zone may be fenced with chain-link fencing not to exceed six feet in height when the purpose of such fencing is to prevent unauthorized use, dumping, or vehicular soil disturbance that results in fugitive dust or nuisance conditions. Such fencing of vacant properties shall not be construed to allow use of the property for outdoor storage. Barbed wire is not permitted.
3.
Anti-Graffiti Treatment.
Walls shall be constructed of a graffiti-resistant material consisting of a hard, smooth, impermeable surface (e.g., ceramic tile or baked enamel), or treated with an anti-graffiti sealant.
4.
Limitation on Concrete Block.
Plain, concrete block is not permitted as a fence/wall material. Concrete block must be finished with stucco (or decorative split-faced block) and capped with a decorative cap.
5.
Retaining Walls.
Retaining walls shall be constructed of masonry material such as brick, concrete, or paver block.
H.
Measuring Height of Fences or Walls.
For measurement of fences and walls, see Section 3.01.03E (Fence and Wall Height Measurement).
I.
Wall and Fence Design.
All new sound walls, masonry walls, or non-transparent fences that face a public right-of-way or publicly-accessible path or open space, and that are 50 feet in length or longer and four feet in height or taller shall be designed to minimize visual monotony through at least one of the following:
1.
Changes in plane.
An offset a minimum of 1 foot deep for every 50 feet to 75 feet of wall;
2.
Changes in height.
Wall inserts and/or decorative columns or pilasters every 20 feet to provide relief;
3.
Changes in material.
Changes in material and/or material texture;
4.
Landscaping.
Continuous and opaque landscape screening.
J.
Location.
1.
Fence Location on a Lot.
Fences may be erected, placed, or maintained along or adjacent to a lot line or within a yard. A fence located on a lot line shall be considered as being within the yard adjacent to that lot line. The fence owner shall be responsible for properly locating all lot lines before construction of any fence.
2.
Fences near Utility Structures.
All walls and fences shall provide four-foot clearance around fire hydrants, water meters, and all other utility structures, per Indio Municipal Code Section 97.068 (Fences and Walls in Parkway and Public Streets).
3.
Fences within a Public Utility Easement.
Fencing shall not be located within any public utility easement without written approval from Public Works and all affected utility companies.
4.
Fence Encroachment onto Public Property.
No portion of any fence, including gate doors, shall encroach upon or project into any public right-of-way or other public property without the fence owner first obtaining an encroachment permit from the City.
K.
Maintenance.
Fencing, walls, and other screening devices shall be continuously maintained, with no sign of rust or disrepair.
L.
Openings and Pedestrian Connections.
Fence or wall openings for pedestrian connections may be required at the discretion of the Director.
§ 3.02.11 Outdoor Lighting.
[9-21-2022 by Ord. 1782]
A.
Applicability.
The standards of this Section apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems, except as provided below.
1.
Exceptions.
The following outdoor lighting shall not be subject to the provisions of this Section.
a.
Public and Private Street Lighting.
b.
Athletic Field Lights. Athletic field lights, provided they are not operated between the hours of 10:00 p.m. and 6:00 am.
c.
Safety and Security Lighting. Safety and security lighting for public facilities.
d.
Construction and Emergency Lighting. All construction or emergency lighting fixtures provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.
e.
Temporary Lighting. Temporary lights used for holiday decorations, and lighting for temporary uses and special events permitted consistent with this Code.
B.
Lighting Plan.
The submittal of a lighting plan is required as part of a development application or land use permit (except for lighting on an existing single-family residence). All lighting plans shall be prepared and certified to its compliance with the requirements of this Section by a qualified lighting engineer prior to submitting lighting plans to the City. Lighting plans shall contain the information as specified by the lighting plan submittal requirements as specified in Article 6 (Administration and Procedures).
C.
Prohibitions.
The following types of outdoor lighting are prohibited.
1.
Searchlights.
Searchlights, laser source lights, or any similar high-intensity light, except for emergency use by police or fire personnel or at their discretion, or for approved temporary lighting for a special event approved by the City.
2.
Hazardous Lighting.
Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel.
3.
Mercury Vapor.
Mercury vapor lights are prohibited.
4.
Illumination of Entire Buildings.
5.
Large Commercial Antenna Lighting.
See Chapter 4.26 (Telecommunications/Wireless Facilities).
6.
Roof-Mounted Lighting.
Roof-mounted lighting is prohibited, except for security purposes.
7.
Flashing Light Types.
Laser lights or any other lighting that flashes, blinks, scrolls, alternates, or moves (excluding bi-level lighting).
D.
General Requirements.
The requirements listed below shall apply to all outdoor lighting.
1.
Dark-Sky Compliance.
In accordance with the International Dark-Sky Association recommendations, the color temperature of outdoor lighting shall not exceed 3,000 Kelvins.
2.
Nuisance Prevention.
All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated.
 |  |  |
3.
Maintenance.
Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.
a.
Lighting fixtures shall be weather and vandal resistant.
b.
Burnt-out and broken light bulbs shall be replaced.
c.
Lighting fixtures shall remain free of graffiti and rust.
d.
Painted light fixtures shall be maintained to minimize chipping or peeling.
4.
Signs.
Lighting of signs shall be in compliance with Chapter 3.05 (Signs Regulations) of this Code.
5.
Maximum Height of Freestanding Outdoor Light Fixtures.
Height shall be measured from the finished grade to the top of the illumination fixture (excluding decorative elements on the top of the fixture).
a.
Abutting Residential Zones.
The maximum height of freestanding outdoor light fixtures abutting residential zones is 16 feet.
b.
Industrial Zones.
The maximum height limit for freestanding outdoor light fixtures in industrial zones (zones IL and IH) is 25 feet.
c.
Other Locations.
In all other locations, the maximum height for freestanding outdoor light fixtures shall be 20 feet.
d.
Pole or Fence-Mounted Lighting.
Pole or fence-mounted decorative landscape lights shall be no more than six feet above grade.
e.
Additional Height.
The Planning Commission may allow additional height for activities, uses, or development with unique lighting needs; accentuating historic architectural features of a building; accentuating signage and/or landscape features; or for security purposes.
 |  |  |
6.
Fixture Types.
All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "Cut Off" or "Full Cut Off" luminaries.
7.
Design of Fixtures.
a.
Building-Attached Lighting.
Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet, roof, or eave of the roof.
b.
Accent Lighting.
Architectural features may be illuminated by uplighting, provided that the lamps are low intensity, and fully shielded such that no glare or light trespass is produced.
8.
Minimum Lighting Requirements.
a.
Parking Areas.
Lighting in parking, garage, and carport areas shall be maintained with a minimum of one footcandle of illumination at the ground-level during hours of darkness, with a maximum of four footcandles. All lighting shall be on a time-clock or photo-sensor system. Lighting used to illuminate parking areas shall be designed and located to prevent light trespass or glare, in accordance with Subsection D.9 below. Illumination shall not include low pressure sodium or similar lighting techniques.
b.
Multi-Unit Residential Developments.
Aisles, passageways, and entryways/recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter footcandles at the ground level during the hours of darkness.
c.
Non-Residential Developments.
All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-quarter footcandles of light.
9.
Light Trespass.
All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties. The light level at property lines shall not exceed 0.3 footcandles.
10.
Timing Controls.
All outdoor lighting in non-residential zones shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building(s) is not in use and the lighting is not required for security.
11.
Energy-Efficient Fixtures Required.
Outdoor lighting shall utilize energy-efficient fixtures and lamps such as metal halide, hard-wired compact fluorescent, LED, or other lighting technology that is of equal or greater efficiency. All new outdoor lighting fixtures shall be energy efficient with a rated average bulb life of not less than 10,000 hours.
§ 3.03.01 Purpose.
[9-21-2022 by Ord. 1782]
The purposes of this Chapter are to:
A.
Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;
B.
Minimize the negative environmental and urban design impacts of parking lots, driveways, and drive aisles within parking lots;
C.
Ensure the provision of adequate off-street bicycle parking;
D.
Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts within parking lots and, where appropriate, create buffers from surrounding land uses;
E.
Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand;
F.
Encourage modal shift; and
G.
Reduce urban run-off and heat island effect.
§ 3.03.02 Applicability.
[9-21-2022 by Ord. 1782]
A.
New Buildings and Land Uses.
On-site vehicle parking, bicycle parking, and loading spaces shall be provided in accordance with this Chapter at the time any main building or structure is erected or any new land use is established.
B.
Existing Non-Residential Buildings.
1.
When a change in use, expansion of use, or expansion of floor area creates an increase of 30 percent or more in the number of required vehicle parking or loading spaces, additional parking and loading shall be provided for such addition, enlargement, or change in use. For existing uses with non-conforming parking conditions, additional parking shall be provided for the new additions or enlargements, and not for the entire building or site.
2.
Bicycle parking shall be provided for any change in use, expansion of use, or expansion of floor area.
3.
A change in tenancy or ownership is not considered a change in use unless the new occupant is in a different use classification than the former occupant.
4.
Additional parking and loading spaces are not required for the reconstruction of an existing building when there is no increase in floor area.
5.
If the number of existing vehicle parking, bicycle parking, and/or loading spaces is greater than the requirements for a proposed use, the number of excess parking or loading spaces may be counted toward meeting the requirements for any change, alteration, or major addition or renovation.
C.
Existing Residential Buildings.
Parking in accordance with this Chapter shall be provided where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures. Parking for ADUs and JADUs shall be provide in accordance with Chapter 4.02 (Accessory Dwelling Units).
D.
When Constructed.
Parking and loading facilities required by this Chapter shall be constructed or installed prior to final inspection or the issuance of a Certificate of Occupancy for the uses that they serve.
§ 3.03.03 General Requirements.
[9-21-2022 by Ord. 1782]
A.
Existing Parking and Loading to be Maintained.
No existing parking and loading area serving any use may be reduced in amount or changed in design or location below the requirements for such use, unless equivalent substitute facilities are provided.
B.
Nonconforming Parking and Loading.
An existing use of land or structure shall not be deemed to be non-conforming solely because of a lack of parking and/or loading facilities required by this Chapter as long as facilities used for parking and/or loading are not further reduced in number to less than what is required as of the date of adoption of this Code.
C.
Parking Areas.
Motorized vehicle parking is only allowed within garages, carports, parking lots, and other approved structures and locations that have been developed in conformance with this Code.
D.
Use of Required Parking Spaces.
Except as otherwise provided by this Section, required parking spaces must be available for residents, customers, or employees of the use. Parking and loading areas shall be accessible for their intended purpose during all hours of operation. Fees may be charged for the use of required parking spaces. Required parking spaces may not be assigned in any way to a use on another site, except for shared parking pursuant to Section 3.03.06F (Shared Parking).
E.
Stacked and Valet Parking.
Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. Uses with valet parking shall provide an approved valet parking plan which includes insurance provisions for patrons. Such provisions must be approved by the City Attorney. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the Director ensuring that an attendant will be present while the parking lot is in operation.
F.
Assigned Parking.
Lots developed with multiple uses and a shared parking area shall not assign parking spaces to individual tenant spaces or uses, except that parking spaces for residential uses in a mixed-use development shall be assigned to residential occupants.
G.
Unbundling Parking for Residential Uses.
The following rules apply to the sale or rental of parking spaces accessory to attached single unit and multi-unit residential developments of five units or more, unless waived by the Director as infeasible:
1.
All off-street spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space.
2.
In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to owners or renters of two-bedroom units, and then to owners and renters of other units. Spaces shall be offered to tenants first. Non-tenants may lease with a provision for 30 days to terminate the lease.
3.
Renters or buyers of on-site affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units.
§ 3.03.04 Permit Requirements and Exemptions.
[9-21-2022 by Ord. 1782]
A.
Permit Requirements.
New parking lots and modifications or expansions to existing parking lots will be evaluated as part of project review for other permits and approvals (e.g., Planning Review, Use Permit, Planned Development). At a minimum, Plan Check is required for new parking lots and modifications to existing parking lots to determine compliance with all applicable provisions of this Code.
B.
Exempt Activities.
Parking lot improvements listed below shall be considered minor in nature if they do not alter the number or configuration of parking stalls and are therefore exempt from Zoning Clearance requirements. However, exempt activities listed herein may require other ministerial permits (e.g., building permit).
1.
Repair of any defects in the surface of the parking area, including repairs of holes and cracks.
2.
Resurfacing, slurry coating, and re-striping of a parking area with identical delineation of parking spaces.
3.
Repair or replacement in the same location as damaged planters and curbs.
4.
Work in landscape areas, including sprinkler line repair or replacement of landscape materials, except removal of trees.
§ 3.03.05 Off-Street Vehicle Parking Requirements.
[9-21-2022 by Ord. 1782]
A.
Minimum Number of Vehicle Spaces Required.
Each land use shall be provided at least the number of parking spaces stated in Table 3.03.05-1. Required Number of Vehicle Parking Spaces. The parking requirement for any use not listed in Table 3.03.05-1 shall be determined by the Director based upon the requirements for the most similar comparable use, the characteristics of the proposed use, and any other relevant data regarding parking demand (e.g. parking demand analysis of similar facilities in the City or region).
B.
Maximum Number of Vehicle Spaces Allowed.
To support walking, transit, and other forms of non-automobile transportation and to eliminate the incentive to build as much parking as possible, the number of parking spaces to be provided shall not exceed 150 percent of the number of parking spaces required pursuant to Table 3.03.05-1, Required Number of Vehicle Parking Spaces. This limitation may be waived or modified pursuant to Section 6.04.06 (Administrative Variances and Variances), based on the following findings:
1.
Special conditions exist that will increase parking demand at the site. Conditions include but are not limited to, the nature of the proposed operation; lack of transit service or other transportation alternatives; or transportation characteristics of persons residing, working, or visiting the site;
2.
The use will not be adequately served by the maximum allowed number of parking spaces; and
3.
Parking demand generated by the project will exceed the maximum allowed number of parking spaces and have a significant impact on the supply of on-street parking in the surrounding area.
C.
Handicapped Spaces.
Handicapped parking spaces shall be provided in accordance with State and Federal regulations and shall be considered in the calculation of required spaces.
D.
Electric Vehicle Charging Spaces.
1.
Non-Residential Development.
Non-residential development shall provide electric vehicle charging stations in accordance with CalGreen.
2.
Multi-Family Residential Development.
New multi-family residential developments with 40 or more parking spaces shall be equipped with raceways, wiring, and power to support future Level 2 EV charging stations at a rate of one per 20 parking spaces. To incentivize the provision of electric vehicle charging stations, required parking may be reduced by two spaces for every Level 2 EV charging station provided, up to a maximum of a 10 percent reduction in total required parking. Notwithstanding the above, all electric vehicle charging facilities shall comply with the requirements in the California Building Code and California Electrical Code.
 |  |
E.
Calculation of Required Spaces.
The following rules apply to the calculation of vehicle parking spaces in this Chapter.
1.
Parking Ratios.
a.
Floor Area.
Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be net floor area, unless otherwise stated.
b.
Employees.
Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.
c.
Bedrooms.
Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms meeting the standards of the Building Code as a sleeping room shall be counted as a bedroom.
d.
Students.
Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students at the state-certified capacity or at Building Code Occupancy where no state certification is required.
e.
Seating.
Where fixed seats provided are either benches, bleachers, or pews, such seats shall be calculated at one seat per 18 inches, and one seat per 24 inches of booth length for dining.
f.
Assembly Area.
All rooms or areas that can be logically used for seating, in addition to any fixed seating area, shall be calculated in determining the parking requirement for assembly areas.
2.
Sites with Multiple Uses.
The number of parking spaces is computed based on the primary uses on the site except as stated in Subsection 3, below. When there are two or more separate primary uses on a site, the minimum and maximum parking for the site is the sum of the required or allowed parking for the individual primary uses, unless a reduction is approved pursuant to Section 3.03.06 (Exceptions and Reductions to Off-Street Parking).
3.
Accessory Uses.
When more than 20 percent of the floor area on a site is in an accessory use, the required or allowed parking is calculated separately for the accessory use. An example would be a 10,000 square foot building with a 7,000 square foot warehouse and a 3,000 square foot accessory retail area. The minimum and maximum parking would be computed separately for the retail and warehouse uses, except as provided in Table 3.03.05-1.
4.
Fractions.
If the calculation for parking needs results in the requirement for a fraction of a parking space, the value shall be rounded to the nearest whole number.
F.
Required Vehicle Spaces.
Each land use is subject to the following minimum vehicle parking space requirements unless otherwise provided in another section of this Code. All spaces may be uncovered unless otherwise specified.
TABLE 3.03.05-1: Required Number of Vehicle Parking Spaces | |
|---|---|
Land Use | Required Vehicle Parking Spaces |
Agricultural and Animal Keeping Uses | |
Agricultural Support, Sales, Service, and Storage | 1 space/employee |
Animal Husbandry and Production | Not applicable |
Animal Raising and Keeping (domestic, livestock, horses, poultry) | Not applicable |
Horticultural/Crop Production/Aquaculture | 1 space/employee |
Kennels, Private/Hobby | Not applicable |
Stable/Equestrian Facility, Commercial/Public | 1 space/4 stables |
Stable/Equestrian Facility, Hobby/Private | Not applicable1 |
Residential Uses | |
Accessory Dwelling Unit (ADU) and Jr ADU | See Chapter 4.02 (Accessory Dwelling Units) |
Caretaker's Unit | 1 space/unit |
Child Day Care in a Home, Large | 1 for each nonresident employee plus one space for loading and unloading children plus parking required for the Residential Housing Type |
Child Day Care in a Home, Small | None beyond the parking required for the Residential Housing Type |
Cottage Industry | None beyond the parking required for the Residential Housing Type |
Emergency Shelter | 1 space/40 beds |
Group Residential Home | 1 per employee, plus 1 per bedroom/sleeping room |
Home Occupation | None beyond the parking required for the Residential Housing Type |
Cottage Food Operation | None beyond the parking required for the Residential Housing Type |
Live/Work | 2 per 1,000 square feet of non-residential area plus 1 space for each residential unit |
Manufactured/Mobile Home Park | 1 space/unit, plus 1 guest space/4 home lots |
Residential Care Facilities, Large | 1 space/employee, plus 1 space/facility vehicle, plus 1 space/8 beds |
Residential Care Facilities, Small | 1 space/employee, plus 1 space/facility vehicle, plus 1 space/6 beds |
Residential Housing Types | |
Single-Family Dwelling (Attached or Detached) | 2 spaces per unit, of which 1 shall be enclosed |
Two-Family Dwelling/Duplex | • 1.5 per studio or one-bedroom unit • 2 per unit with two or more bedrooms • Minimum 1 space per unit shall be enclosed |
Multi-Family Dwelling, Triplex/Quadplex | • 1.5 per studio or one-bedroom unit • 2 per unit with two or more bedrooms • Minimum 1 space per unit shall be covered. |
Multi-Family Dwelling, >5 Units | • 1 per studio or one-bedroom unit • 1.5 per two-bedroom unit • 2 per unit with three or more bedrooms • Plus 0.2 guest spaces per unit |
Senior Housing | For senior housing developments (62 years or age or older), 0.5 per unit. Developments with 10 or more units shall provide 1 guest space per 10 units. |
Single-Room Occupancy | 0.5 spaces per unit |
Supportive Housing | 0.3 spaces per unit |
Transitional Housing | 0.3 spaces per unit |
Recreation, Education, and Public Assembly Uses | |
Campground | 1 space/campsite, plus 1 per onsite caretaker |
Cemeteries, Crematories, or Mausoleums | 1 space/6 fixed seats or 1 space/150 sf of assembly area if no fixed seats |
Civic/Government | 2.5 spaces/1,000 sf of gross floor area, plus 1 space/2 employees |
College/University | Adequate number as determined through CUP and Planning Review |
Commercial Recreation and Sports, Indoor | Health, Fitness and Sports Clubs: 4.5 spaces/1,000 sf Bowling Alleys and Billiard Clubs: 4 spaces per bowling lane and/or billiard table plus additional spaces for accessory uses (e.g., restaurant) Pools: 2 spaces/1,000 square feet of pool area, minimum 5 spaces Indoor tennis, racquet, or handball facilities: 3 spaces/court Coin-operated electronic amusement centers: 4.5 spaces/1,000 sf All Other Uses: 2 spaces/1,000 sf |
Commercial Recreation and Sports, Outdoor | Golf Facilities: • Pitch and Putt: 3 spaces/hole • Driving Range: 1 space/tee • Golf Course: 5 spaces/hole • Outdoor tennis, racquet, or handball facilities: 3 spaces/court • Pools: 2 spaces/1,000 square feet of pool area, minimum 5 spaces • All Other Uses: 1 space/1,000 sf of lot area |
Community Assembly, Up to 5,000 sf (gross sf) | 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats |
Community Assembly, > 5,000 sf - 12,000 sf (gross sf) | 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats |
Community Assembly, > 12,000 sf (gross sf) | 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats |
Cultural Institutions | 2.5 spaces/1,000 sf |
Day Care Centers | 1 space per employee plus 1 space per 10 children/adults for loading and unloading |
Instructional Services, <= 5,000 sf | 1 space per employee plus 1 space/4 students |
Instructional Services, > 5,000 sf | 1 space per employee plus 1 space/4 students |
Open Space, Natural | Not applicable |
Parks and Recreation Facilities | 5 spaces per acre, minimum 5 spaces Additional spaces shall be required for uses such as swimming pools, gymnasiums, and tennis courts as follows: • Tennis, racquet, or handball facilities: 3 spaces/court • Pools: 2 spaces/1,000 sf of pool area, minimum 5 spaces • Gymnasiums: 2 spaces/1,000 sf |
Public Service Facility | Adequate number as determined through Planning Review |
Recreational Vehicle (RV) Park | 1 space/travel trailer/RV site |
Schools, Public or Private (TK—12) | Elementary and Middle Schools: 1.5 space/classroom, plus 1 space for every 2 employees or admin personnel High School: 5 spaces/classroom, plus 1 space for every 2 employees or admin personnel |
Social Service Facilities | 4 spaces/1,000 sf |
Tutoring Facilities | 1 space per employee plus 1 space/4 students |
Vocational/Trade School | 1 space/employee, plus 1 space/3 students |
Utility, Transportation, and Communication Uses | |
Airports and Heliports | Adequate number as determined through Planning Review |
Communications, Facilities within Buildings | 3 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle |
Communications, Telecommunications/Large Wireless Facilities | Not applicable |
Communications, Telecommunications/Small Wireless Facilities | Not applicable |
Freight/Trucking Facility | 2 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle |
Light Fleet-Based Services | 2 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle |
Mobile Recycling Unit | Not applicable |
Parking Lots and Structures | Not applicable |
Passenger Transportation Facilities | Adequate number as determined through CUP |
Public Utilities, Major | Not applicable1 |
Public Utilities, Minor | 1 per vehicle operated or kept on-site; minimum 2 spaces |
Renewable Energy System (Primary Use) | Not applicable |
Renewable Energy System, Building-Mounted (Accessory) | Not applicable |
Renewable Energy System, Stand-Alone or Ground Mounted (Accessory) | Not applicable |
Recycling Collection Facility | 1 space per employee, plus 2 spaces per container or 1,000 sf |
Recycling Processing Facility | 1 space per employee |
Utility Yard | 1 space/service or fleet vehicle |
Eating and Drinking Establishments and Entertainment Uses | |
Bar/Nightclub/Lounge | Greater of: 1 space/3 seats or 10 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf |
Brewpub/Taproom/Wine Bar/Microdistillery | Greater of: 1 space/3 seats or 6 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf |
Cinema/Theater/Performing Arts Center | 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats |
Drive-Through, Non-Restaurants (Accessory) | Not applicable |
Live Entertainment as Accessory Use, Indoors (Accessory) | Not applicable |
Live Entertainment as Accessory Use, Outdoors (Accessory) | Not applicable |
Outdoor Dining (Accessory) | Not applicable |
Outdoor Entertainment | 1 space/4 fixed seats for all assembly areas, or 1 per/1,000 sf of lot area |
Restaurant, Dine-In and Take-Out | Greater of: 1 space/3 seats or 6 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf |
Restaurant, Drive-Through Only | 1 space/employee plus 2 spaces for pickup |
Retail, Service, and Office Uses | |
Adult-Oriented Business | Greater of: 1 space/3 fixed seats or 4 spaces/1,000 sf |
Alcohol Sales, Off-Sale | 4 spaces/1,000 sf |
Animal Sales and Services | 4 spaces/1,000 sf |
ATM | 1 space/ATM (if stand-alone) |
Bail Bonds | 3 spaces/1,000 sf |
Banks, Financial, and Savings and Loan Institutions | 3 spaces/1,000 sf |
Building Materials Sales and Services | 2 spaces/1,000 sf interior sales area, plus 1 space/1,000 sf exterior sales and storage area |
Business to Business Support Services | 2 spaces/1,000 sf, plus 1 space/service or fleet vehicle |
Check-Cashing Businesses | 3 spaces/1,000 sf |
Convenience Market | 4 spaces/1,000 sf |
Food Preparation, Commercial | 2 spaces/1,000 sf, plus 1 space/service or fleet vehicle |
Fortunetelling, Palm and Card Reading | 3 spaces/1,000 sf |
Funeral Homes and Mortuaries | 1 space/4 permanent seats or 1 space/40 sf of assembly area where no seats or where temporary or movable seats are provided |
General Retail < 5,000 sf | 5 spaces/1,000 sf |
General Retail 5,000 sf - 25,000 sf | 25 spaces for the first 5,000 sf; 4 spaces/1,000 sf above 5,000 sf |
General Retail/Superstore > 25,000 sf | 105 spaces for the first 25,000 sf; 3 spaces/1,000 sf above 25,000 sf |
Grocery Store | 25 spaces for the first 5,000 sf; 4 spaces/1,000 sf above 5,000 sf |
Hospital | Adequate number as determined through CUP |
Kennels/Boarding, Commercial | 3 spaces/1,000 sf |
Kiosk/Outdoor Vending | Not applicable |
Laundromat | 4 spaces/1,000 sf |
Massage Establishment, Accessory Use | Not applicable |
Massage Establishment, Stand-Alone | 3 spaces/1,000 sf |
Medical Services, Urgent Care | 4 spaces/1,000 sf |
Medical Services, Medical/Dental/Holistic/Extended/Clinic | 5 spaces/1,000 sf |
Mini-Storage Warehousing or Facility | 1 space per 75 storage units, plus 3 spaces/1,000 sf of office area. A minimum of 5 spaces shall be provided. |
Neighborhood Market | 4 spaces/1,000 sf |
Nursery/Garden Center | 2/1,000 sf of floor area; 1 space/1,000 sf of outdoor display area |
Offices, Processing | 7 spaces/1,000 sf |
Offices, Professional/Administrative | 4 spaces/1,000 sf |
Offices, Service | 5 spaces/1,000 sf |
Outdoor Display (Accessory) | Not applicable |
Pawnshop | 5 spaces/1,000 sf |
Personal Services | Greater of: 4 spaces/1,000 sf or 2/chair |
Research and Development | 2.5 spaces/1,000 sf |
Smoke Shops | 5 spaces/1,000 sf |
Smoking Lounge | Greater of: 1 space/3 fixed seats or 5 spaces/1,000 sf |
Swap Meet, Outdoor (Temporary) | Not applicable |
Tattoo/Body Art/Piercing | Greater of: 4 spaces/1,000 sf or 2/chair |
Resale/Consignment/Thrift Shop | 5 spaces/1,000 sf |
Veterinary Hospitals | 4 spaces/1,000 sf |
Lodging | |
Bed and Breakfast | 1 space/guest room, plus 2 spaces/resident owner or manager |
Lodging — Hotels, Motels, Extended Stay | 1 space/guest room Additional spaces shall be required for uses such as ballrooms and restaurants (see respective parking requirements for each) |
Lodging - Timeshares | 1 space/unit, plus 1 space/10 units for guest and staff parking Additional spaces shall be required for uses such as ballrooms and restaurants (see respective parking requirements for each) |
Automobile and Vehicle Uses | |
Auto and Vehicle Rental | 3 spaces/1,000 sf of office or retail area, 1 space/rental vehicle, plus 1 per service bay when repair services are included |
Auto and Vehicle Sales, New | 3 spaces/1,000 sf of office or retail area, 1 space/sale vehicle, plus 1 per service bay when repair services are included |
Auto and Vehicle Sales, Used | 3 spaces/1,000 sf of office or retail area, 1 space/sale vehicle, plus 1 per service bay when repair services are included |
Auto and Vehicle Sales and Rental, Large Vehicles and Equipment | 2/1,000 sf of office or retail area, plus 1 space per 1,000 sf of outdoor display |
Auto and Vehicle Services and Repair — Major | 2 spaces/service bay |
Auto and Vehicle Services and Repair — Minor | 2 spaces/service bay |
Auto and Vehicle Towing/Impounding | 1 space/employee plus space for impounded vehicles |
Auto and Vehicle Washing and Detailing | 2 spaces/service bay or lane |
Auto and Vehicle Wrecking/Dismantling | 3 spaces, plus 1 space/employee |
Fueling Stations | 1 space/employee, plus additional for convenience store and/or service/repair If a convenience store is included, see "General Retail" for additional required parking. If service bays are included, see "Auto and Vehicle Services and Repair" for additional required parking. |
Truck Stop/Fueling Station | 1 space/employee, plus truck space parking, plus additional parking required (per this table) for additional uses |
Industrial and Manufacturing Uses | |
Artisan Manufacturing/Makers Space | 2 spaces/1,000 sf |
Brewery/Distillery/Winery - without tasting room or > 10,000 sf | 2 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles |
Brewery/Distillery/Winery - with tasting room and < 10,000 sf | 2 spaces/1,000 sf, plus 1 space/4 seats in tasting room area |
Construction and Materials Yards | 1.5 spaces/1,000 sf |
Food or Beverage Manufacturing | 2 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles |
Hazardous Materials/Wholesale Fuel Storage and Distribution | 1 space/employee, plus space to accommodate all service trucks/vehicles |
Indoor Warehousing, Storage, Wholesaling, and Distribution | 0.5 spaces/1,000 sf or 1 space/employee, plus space to accommodate all service trucks/vehicles |
Manufacturing/Processing, Heavy | 1 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles |
Manufacturing/Processing, Light | 2 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles |
Mining/Resource Extraction | Not applicable1 |
Outdoor Storage (Primary Use) | 0.5 spaces/1,000 sf, plus space to accommodate all service trucks/vehicles |
Outdoor Storage (Accessory) | Not applicable |
Salvage and Wrecking Yards | 1 space/employee, plus space to accommodate all service trucks/vehicles |
1. | No minimum or maximum required. |
§ 3.03.06 Exceptions and Reductions to Off-Street Parking.
[9-21-2022 by Ord. 1782]
The number of parking spaces required by Section 3.03.05 may be reduced as follows if the Director finds any or all of the following criteria. Parking reductions are cumulative up to a maximum of 30 percent; all applicable parking reductions may be applied in determining the number of required parking spaces.
A.
Transit Access.
Site has a bus stop with frequent transit service (every 15 minutes on average during peak hours) located within a quarter mile to it: Allow up to a 10 percent reduction to the standard number of automobile parking spaces.
 |
B.
Carpool/Vanpool Spaces.
Site has dedicated parking spaces for carpool or vanpool vehicles: Allow up to a 5 percent reduction to the standard number of automobile parking spaces.
C.
Motorcycle/Scooter Spaces.
Site has dedicated parking spaces for motorcycles, scooters, or electric carts: Allow reductions to the standard dimensions for parking spaces.
D.
Adjacent On-Street Parking.
For non-residential uses and the non-residential portion of a mixed-use development, the Director may approve a reduction to the off-street parking standards of Table 3.03.05-1 by one parking space for every two on-street parking spaces located adjacent to the subject site (along the frontage), provided the parking spaces meet the dimensional standards of this Chapter.
 |
E.
Car Sharing Programs.
Required parking spaces may be substituted with designated carshare vehicle parking spaces, and the required number of parking spaces may be reduced, pursuant to the following.
1.
Carshare Parking Designation.
A maximum of 10 percent of the required parking spaces may be designated as carshare vehicle parking spaces.
2.
Reduction Allowed.
a.
Parking Areas with 50 or Fewer Parking Spaces.
A five percent reduction in the required parking shall be allowed where five percent of the required spaces are designated as carshare vehicle parking spaces.
b.
Parking Areas with 51 or More Parking Spaces.
A 10 percent reduction in the required parking shall be allowed where 10 percent of the required spaces are designated as carshare vehicle parking spaces.
3.
Accessibility.
Car sharing spaces shall be made available to a car share organization for purposes of providing car share services for service subscribers. In addition to conforming to the requirements of this Chapter, the parking area shall be designed to be accessible to local and non-local car share subscribers 24 hours a day, seven days a week.
a.
Exception.
Car share parking spaces may be occupied by non-car share vehicles, if it is demonstrated to the satisfaction of the Director that no car share organization can make use of the parking spaces. These spaces shall not be separately leasable and shall be made available on a first come first serve basis.
4.
Deed Restriction.
Prior to issuance of a building permit, a deed restriction shall be recorded identifying the number and location of the car share parking spaces. The location of the car share spaces shall be subject to approval by the Director.
F.
Shared Parking.
Required parking facilities for two or more uses, structures, or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that the owners or operators show that the need for parking facilities does not materially overlap (e.g., uses primarily of a daytime versus nighttime nature; weekday uses versus weekend uses), and provided that the right of joint use is evidenced by a recorded deed, lease, contract, or similar written instrument establishing the joint use. The total number of spaces and their distribution through the site shall be substantiated through a parking demand study and a parking management plan prepared by a qualified traffic engineering professional. Shared parking requests shall be subject to administrative review and approval by the Director unless subject to Planning Review entitlement based on the following criteria and findings:
1.
Factors evaluated to establish shared parking arrangements shall include operating hours, seasonal/daily peaks in parking demand, the site's orientation, location of access driveways, transit service, accessibility to other nearby parking areas, pedestrian connections, distance to parking area, availability of parking spaces, special trip reduction programs (e.g., subsidized vanpooling, transit, shuttle or telecommuting), and cooperation of adjacent owners.
2.
The parking demand, rates, and/or number of parking spaces required shall be based on well-recognized sources of parking data such as the Urban Land Institute (ULI) or Institute of Transportation Engineers (ITE) reports. If standard rates are not available or are limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys shall be conducted to determine actual parking accumulation.
3.
The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided.
4.
Commercial/non-residential parking demand often occurs at different times of the day.
5.
Residential parking spaces will be available to residents between the hours of 8:00 p.m. and 7:00 a.m.
6.
The efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately.
7.
If a privately owned parking facility is to serve two or more separate properties, a legal agreement is established between property owners guaranteeing access to, use of, and management of designated spaces.
G.
Other Exceptions/Reductions through Parking Analysis.
The applicant may propose a parking standard that is different than the standards in Table 3.03.05-1 above, for administrative review and approval by the Director. The applicant's proposal shall consist of a written request and a parking analysis prepared by a qualified transportation professional. The parking analysis, at a minimum, shall assess the average parking demand and available supply for existing and proposed uses on the subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the vicinity; transportation options existing or planned near the site, such as frequent bus service, carpools, or private shuttles; and other relevant factors.
§ 3.03.07 Location of Required Parking.
[9-21-2022 by Ord. 1782]
A.
Residential Uses.
Required parking for residential uses shall be on the same lot as the dwelling or use they serve, on a parcel or tract owned in common by all the owners of the properties that will use the parking area, or in an off-site facility as provided in Subsection C (Off-Site Parking Facilities). For single-family detached residential uses, parking shall not be located within a required front or street-facing side yard, however driveways may count towards required residential parking. For single-family residential uses, parking is only permitted in the approved driveway. There shall be no expansion of parking areas through the addition of paved areas in the front, side, or rear yards.
B.
Non-Residential Uses.
Required parking spaces serving non-residential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Subsection C (Off-Site Parking Facilities).
C.
Off-Site Parking Facilities.
Parking facilities for uses other than Single-Unit Dwellings, Two-Unit Dwellings, and Second Units may be provided off-site with Director approval of an Administrative Use Permit provided the following conditions are met.
1.
Location.
a.
Residential Uses.
Any off-site parking facility must be located within 200 feet, along a pedestrian route, of the unit or use served.
b.
Non-Residential Uses.
Any off-site parking facility must be located within 600 feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.
2.
Parking Agreement.
A written agreement between the landowner and the City in a form satisfactory to the City Attorney shall be executed and recorded in the Office of the County Recorder. The agreement shall include:
a.
A guarantee among the landowner for access to and use of the parking facility; and
b.
A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.
§ 3.03.08 Parking Development and Design Standards.
[9-21-2022 by Ord. 1782]
All parking areas except those used exclusively for stacked or valet parking, shall be designed and developed consistent with the following standards. Parking areas used exclusively for stacked or valet parking are subject only to Subsections D through M. Stacked or valet parking areas which will allow parking at some times without attendants must be striped in conformance with the layout requirements of this Section.
A.
Tandem Parking.
Tandem parking may be permitted to satisfy parking requirements in accordance with the following.
1.
No more than two vehicles shall be placed one behind the other.
2.
Both spaces shall be assigned to the same residential dwelling unit or non-residential establishment for employee parking.
3.
Tandem parking to meet required parking for non-residential uses may be used for employee parking; the maximum number of tandem parking spaces shall not exceed 50 percent of the total number of spaces.
4.
Tandem parking for visitors or customers may be allowed with valet parking, subject to an Administrative Use Permit.
5.
Tandem parking to meet required parking for multi-unit residential development shall be located within an enclosed structure; the maximum number of tandem parking spaces shall not exceed 30 percent of the total number of spaces.
6.
Tandem parking shall not be used to meet the guest parking requirement.
B.
Parking Access.
Parking access areas shall be designed to ensure vehicular access to parking spaces as determined by the Public Works Director.
1.
Access Hierarchy.
Parking and service area access shall be provided from the following, in order of preference:
a.
From an alley;
b.
In the absence of an existing or proposed alley, access shall be from a driveway shared with a property abutting the development site;
c.
In the absence of an alley or shared driveway, access shall be from the side/lesser street abutting the development site;
d.
In the absence of a side street, from a curb cut/driveway along the primary street frontage.
2.
Distance from Intersection.
Driveways for parking facilities shall be located a minimum of 50 feet from the intersection of any two streets, or the maximum feasible distance from the intersection.
3.
Shared Vehicle Access.
Non-residential projects are encouraged to provide shared vehicle and pedestrian access to adjacent non-residential properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties approved by the Director shall be recorded in the County's Recorders Office, in a form satisfactory to the City Attorney.
4.
Forward Entry.
Parking areas of four or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction.
5.
Driveways and Curb Cuts.
Each development project site shall be limited to one curb cut, including driveways and private/service streets, per 400 feet of public street frontage, or two curb cuts per street frontage, whichever is less (unless otherwise required for emergency vehicle access).
6.
Driveway Length.
Driveway length shall be regulated per the following to properly facilitate lot layout and on-site parking.
a.
Driveways for non-residential uses shall be designed to prevent queuing and backing up onto public rights-of-way. Parking stalls within the first 40 feet are strongly discouraged.
b.
Driveways providing direct access from a public street to a garage or carport shall be at least 19 feet in depth, unless otherwise specified.
c.
Resident parking is permitted in a driveway with a minimum depth of 19 feet. Short driveways for CN-14 and CN-20 zone lots are permitted at three feet from the property line. With the exception of small-lot detached single-family homes, a driveway with a length between 3 feet and 19 feet shall not be permitted.
7.
Driveway Width.
a.
Minimum width of 10 feet for any driveway serving one residence. Driveways shall not exceed 20 feet nor exceed two driveways per parcel.
b.
Minimum width of 12 feet for a one-way driveway.
c.
Minimum width of 20 feet for a two-way driveway serving any use other than one residence.
d.
The width of driveways shall be limited to the width necessary to access the permitted parking spaces or garage/carport.
C.
Size of Parking Spaces and Maneuvering Aisles.
Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this Subsection. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.
1.
Standard Parking Spaces and Drive Aisles.
The minimum basic dimension for standard parking spaces is 9 feet by 18 feet, with a minimum vertical clearance of seven feet. End spaces where clear back-out space is restricted on one side shall be 11 feet in width. Overhang of two feet shall credit towards minimum stall dimension requirements where appropriate and provided a minimum of four feet clearance is maintained where the overhang is adjacent to a sidewalk or walkway. Table 3.03.08-1, Parking Space and Drive Aisle Dimensions provides the dimensions of spaces (stalls) and aisles according to angle of parking spaces, and is accompanied by Figure 3.03.08-1. Parking Space and Drive Aisle Dimensions. The required aisle width may be modified if the Public Works Director finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.
TABLE 3.03.08-1: Parking Space and Drive Aisle Dimensions | |||||
|---|---|---|---|---|---|
Stall Type | Minimum Space and Aisle Dimensions | ||||
A Stall Width | B Stall Length | C Stall Depth (aisle to curb) | D Drive Aisle Width | ||
One-Way | Two-Way | ||||
Parallel | 9 ft | 18 ft | 9 ft | 12 ft | 18 ft |
30 Degree | 9 ft | 18 ft | 17 ft | 14 ft | 18 ft |
45 Degree | 9 ft | 18 ft | 19 ft | 14 ft | 18 ft |
60 Degree | 9 ft | 18 ft | 20 ft | 16 ft | 18 ft |
90 Degree | 9 ft | 18 ft | 18 ft | 20 ft | 24 ft |
Compact Stalls, all angles | 8.5 ft | 16 ft | — | Same as standards above per stall type | |
Angled Parking Spaces | Parallel Parking Spaces |
 | |
Key: | |
|---|---|
a = Stall width | c = Stall depth |
b = Stall length | d = Drive aisle width |
2.
Compact Parking Spaces.
Up to 30 percent of required spaces may be compact and reduced to 8.5 feet by 16 feet for all non-residential and public/institutional uses, and for unassigned stalls for residential uses with more than 25 spaces. Compact car parking spaces shall be clearly marked "compact cars only," "compact," or "c."
3.
Parking Spaces Abutting a Wall or Fence.
Each parking space adjoining a wall, fence, column, or other obstruction higher than 0.5 feet in the vicinity of where a vehicle door may be located shall be increased to accommodate access to the vehicle through the door.
4.
Minimum Dimensions for Residential Garages and Carports.
Garages and carports serving residential uses shall be constructed to meet the following minimum inside dimensions and related requirements.
a.
A single car garage or carport: 10 feet in width by 20 feet in length.
b.
A two-car garage or carport: 20 feet in width by 20 feet in length.
c.
A garage or carport containing three or more spaces: 10 feet in width by 20 feet in length per space.
d.
The vertical clearance for garage or carport parking spaces shall not be less than seven feet.
e.
Stairs may encroach into the parking area of a garage provided that the front end of a standard size automobile can fit under the stair projection. The bottom of the stairwell (including exterior finish) shall be a minimum of five feet above the garage floor.
D.
Parking Lot Striping.
All parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.
E.
Surfacing.
All parking lots shall be paved and improved, and all sites shall be properly graded and drained, consistent with applicable stormwater runoff regulations and subject to the approval of the City Engineer Drainage shall not be permitted across the surface of sidewalks or driveways. All areas used for the movement, parking, loading, repair, or storage of vehicles shall be paved according to the requirements in this Subsection. All areas within the parking area not used for parking stalls or maneuvering areas shall be landscaped per Section 3.02.09K (Parking Lot Landscaping).
1.
Pavement Standards.
Parking areas shall be paved consistent with the following materials or comparable material approved by the City Engineer.
a.
Asphalt.
Two inches of asphaltic concrete on four inches of aggregate base material (crushed rock, gravel, or similar material).
b.
Concrete.
Four inches of Portland cement concrete on three inches of aggregate base material (crushed rock, gravel, or similar material). Concrete approaches shall be provided for ingress and egress.
c.
Pavers or Permeable Pavement Systems.
Pavers or permeable pavement systems with strength equivalent to a or b above.
2.
Landscaping Alternative.
Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving. In addition, a "Hollywood driveway" with a three-foot landscape strip in the middle is allowed.
F.
Perimeter Curbing.
Parking areas within 15 feet of a building, structure, fence/wall, public right-of-way or lot line, except spaces within a garage or carport, shall provide six-inch wide and six-inch high concrete curbing along the outer edge of the parking facility pavement. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.
G.
Wheel Stops.
Parking areas designed to accommodate 10 or more vehicles shall provide concrete wheel stops for all unenclosed parking spaces. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.
H.
Parking Location/Orientation.
Off-street parking serving multi-unit and mixed-use residential development shall be located in one of the following facilities:
 |
1.
Surface parking lots, garages, or carports located to the side or rear of residential buildings in relation to adjacent streets. (If a site fronts on two or more streets, the standard shall apply on the street with the highest classification in the General Plan. If a site fronts on two public streets of equal classification, the project applicant may determine on which frontage to meet the standard.)
2.
Parking structures in which parking is located underground or the exterior facades are treated with an external skin, facade articulation strategy, or an integrated building facade. See Subsection I (Parking Structure Design and Screening).
 |  |
 |  |
 |
I.
Parking Structure Design and Screening.
Except for garage entrances, structured parking shall not be visible from the street, or any adjacent public park or publicly-accessible open space area. Public-facing elevations of parking structures shall be integrated into the building architecture and/or screened from public view by meeting the following standards:
1.
All portions of parking visible above grade shall be designed and treated with the same level of detail, material quality, and facade articulation as other facade areas and/or screened with landscape screening (e.g., shrubs, landscaped trellises) and/or crafted ornamental metal screens.
2.
Parking levels above the ground level may be visible on (or extend to) the building facade but shall be designed and treated with the same level of detail and material quality as other facade areas (e.g., Facade articulation and modulation, use of real windows with glazing or false windows defined by frames, lintels, or sills). No more than two levels of parking shall extend to the building facade.
J.
Surface Parking Screening.
All surface parking areas designed to accommodate five or more vehicles shall be screened from view from public streets, publicly-accessible open spaces, and adjacent lots in a more restrictive zoning district, according to the following standards.
1.
Height.
The maximum height of a fence or wall along street frontages and walkways/sidewalks shall be no taller than three feet when used to screen the parking lot. Alley frontages are exempt from this standard. Screening of parking lots along interior lot lines that abut Residential zones shall be six feet in height, except within the required front setback of the applicable zone, where screening shall be three feet in height.
2.
Materials.
Screening may consist of one or any combination of the methods listed below.
a.
Walls.
Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Director. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Director.
b.
Fences.
An open fence of wood, wrought iron, or similar material combined with plant materials to form an opaque screen.
c.
Planting.
Plant materials consisting of compact plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation and must be permanently maintained.
d.
Berms.
In industrial zones, berms planted with grass, ground cover, or other low-growing plant materials.
K.
Landscaping.
Parking areas shall be landscaped in accordance with Section 3.02.09K (Parking Lot Landscaping).
L.
Heat Island Reduction.
In order to reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded, of light-colored materials with a Solar Reflectance Index of at least 29, or a combination of shading and light-colored materials. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within 15 years.
M.
Lighting.
Parking areas lighting shall comply with the regulations in Section 3.02.11 (Outdoor Lighting).
N.
Circulation and Safety.
1.
Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility. Parking shall not be allowed within the traffic safety visibility area per Section 3.02.06 (Visibility Area).
2.
Off-street parking areas of four or more spaces shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only.
3.
Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing up unreasonable distances or making other dangerous or hazardous turning movements.
4.
Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi-unit residential developments of five or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments with 25 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas, building entries, and public sidewalks, according to the following standards:
a.
Connection to Public Sidewalk.
An on-site walkway shall connect parking areas to building entries and to the public sidewalk.
b.
Separation from On-site Buildings.
Parking areas designed to accommodate five or more vehicles must be separated from the front and side exterior walls of on-site buildings by walkways or landscaping a minimum of four feet in width.
c.
Routes through Parking Areas.
Walkways running parallel to the parking rows shall be provided for every four rows.
d.
Materials and Width.
Walkways shall provide at least four feet of unobstructed width and be hard-surfaced.
 |  |
 | |
e.
Identification.
Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.
f.
Separation and Distinction.
Pedestrian pathways shall be clearly delineated by using landscaping, raised walkways, special pavers, bollards, arches, trellises, and/or other design elements to alert drivers to potential conflicts with pedestrians. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. Where the path crosses the auto lane, the path shall be clearly delineated by a contrasting color, pavement material or pattern, and/or be raised slightly to form a speed table.
O.
Alternative Parking Area Designs.
Where an applicant can demonstrate to the satisfaction of the Director that variations in the requirements of this Section are warranted in order to achieve environmental design and green building objectives, including but not limited to achieving certification under the LEED™ Green Building Rating System or equivalent, an alternative parking area design may be approved.
P.
Maintenance.
Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.
§ 3.03.09 Bicycle Parking.
[9-21-2022 by Ord. 1782]
A.
Short-Term Bicycle Parking.
Short-term bicycle parking shall be provided in order to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a short time.
 |
 |
1.
Parking Spaces Required.
a.
Multi-unit residential with five or more units.
At least 10 percent of the number of required automobile parking spaces; minimum two spaces per development.
b.
Educational Uses.
i.
Nursery/Preschools, Day Care Centers.
One short-term bicycle parking space per 20 students at planned capacity.
ii.
Elementary and Middle Schools.
One short-term bicycle parking space per 20 students at planned capacity.
iii.
High Schools.
One short-term bicycle parking space per 10 students at planned capacity.
iv.
Colleges and Universities.
One short-term bicycle parking space per 10 students at planned capacity.
c.
All other non-residential uses anticipated to generate visitor or customer traffic (e.g., public/institutional, retail and commercial, entertainment, etc.). At least 10 percent of the number of required automobile parking spaces; minimum two spaces per development.
2.
Location.
Short-term bicycle parking must be located outside of the public right-of-way and pedestrian pathways and within 50 feet of a main entrance to the building it serves. Where the bicycle parking area is not visible from the main entrance of the building, signs located at the main entrance of the building shall identify the location of bicycle parking.
3.
Anchoring and Security (Racks).
a.
Rack Style.
For each short-term bicycle parking space required, a stationary, securely anchored bike rack/structure shall be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such rack may serve multiple bicycle parking spaces. Decorative bicycle racks, such as circular, ring, or bicycle shaped racks are recommended. No wave racks are allowed.
b.
Rack Spacing.
Racks shall be spaced a minimum of three feet between each other when placed side by side, and a minimum of five feet when placed end to end.
c.
Lighting.
Short-term bicycle parking areas shall be lit during hours of darkenss for security purposes.
4.
Size and Clearance.
Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian pathways and at least five feet from vehicle parking spaces.
 |  |
B.
Long-Term Bicycle Parking.
Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.
1.
Parking Spaces Required.
a.
Multi-Unit Residential Uses.
A minimum of one long-term bicycle parking space shall be provided for every four units for multi-unit residential.
b.
Educational Uses.
i.
Nursery/Preschools and Day Care Centers.
One long-term bicycle parking space per 15 employees.
ii.
Elementary, Middle, and High Schools.
One long-term bicycle parking space per 15 employees; minimum one space.
iii.
Colleges and Universities.
One long-term bicycle parking space per 15 employees; minimum one space.
c.
Other Uses.
Any establishment with 15 or more full time equivalent employees shall provide long-term bicycle parking for five percent of required automobile spaces; minimum one space.
d.
Parking Structures.
Long-term bicycle parking shall be provided at a minimum ratio of one space per 20 vehicle spaces.
2.
Location.
Long-term bicycle parking must be located on the same lot as the use it serves and within 50 feet of the facility entrance. In parking garages, long-term bicycle parking must be located within 50 feet of an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building shall identify the location of bicycle parking.
3.
Covered Spaces.
100 percent of required bicycle parking for multi-unit developments shall be inside buildings or garages or in bike lockers. At least 60 percent of other required long-term bicycle parking must be covered either inside a building, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.
4.
Electric Bicycle Charging.
Bike rooms shall provide outlets for charging electric bicycles.
5.
Security.
Long-term bicycle parking must be in:
a.
An enclosed bicycle locker;
b.
A fenced, covered, and locked or guarded bicycle storage area;
c.
A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas or within secure/restricted bicycle storage room; or
d.
Other secure area approved by the Director.
6.
Size, Clearance, and Accessibility.
a.
Size.
Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle.
b.
Clearance.
Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian pathways and at least five feet from vehicle parking spaces.
c.
Accessibility.
Bicycle parking areas must be accessible from the public right-of-way. The access path must be clear at all times, provide a five-foot minimum width, a three foot minimum door width, five percent maximum slope, elevator minimum interior dimensions of 80 inches by 54 inches, require no lifting of bicycle over any steps, and provide lighting for the access route and bicycle parking spaces. At least one main access path shall meet all the above listed criteria if multiple access paths are provided.
7.
Rack Style and Spacing.
Racks, if used, shall be designed and spaced as follows:
a.
Rack Style.
Decorative bicycle racks, such as circular, ring, or bicycle shaped racks are recommended. No wave racks are allowed.
b.
Rack Spacing.
Racks shall be spaced a minimum of three feet between each other when placed side by side, and a minimum of five feet when placed end to end.
C.
Bicycle Repair Stands.
Bicycle repair stands have tools to help fix minor maintenance issues, such as adding air to a tire, tightening a loose chain, or adjusting handlebars. To support people bicycling, bicycle repair stands shall be provided as follows:
 |
1.
Residential Uses.
At least one bicycle repair stand shall be provided for all residential developments with 50 or more units.
2.
Non-Residential Uses.
At least one bicycle repair stand shall be provided for all non-residential developments with 50 or more employees.
§ 3.03.10 Off-Street Loading Requirements.
[9-21-2022 by Ord. 1782]
All uses requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas to handle the volume of truck traffic and loading requirements. The loading space(s) shall be maintained during the existence of the building or use it is required to serve. No loading space which is provided for the purpose of complying with the provisions of this Section shall hereinafter be eliminated, reduced, or converted in any manner below the requirements established herein, unless equivalent facilities are provided elsewhere, conforming to this Code. See also Section 3.02.07 (Utilities, Service Areas, and Building Equipment) for additional standards related to service areas.
A.
Number of Loading Spaces Required.
1.
Commercial and Industrial Uses.
At a minimum, loading spaces shall be provided in compliance with Table 3.03.10-1, Required Loading Spaces.
a.
Multi-Tenant Buildings.
The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided with a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.
b.
Reduction to Number of Loading Spaces Required.
The Director may waive the loading space requirement upon finding that the applicant has satisfactorily demonstrated that, due to the specific nature of the use and building, such loading space will not be necessary.
c.
Additional Loading Spaces Required.
Additional loading spaces may be required to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck deliveries.
TABLE 3.03.10-1: Required Loading Spaces | |
|---|---|
Total Square Feet of Building Space (Gross Floor Area) | Loading Spaces Required |
Commercial and Industrial Buildings | |
Less than 6,000 | 0 |
6,000 - 15,000 | 1 |
15,001 - 40,000 | 2 |
40,001 and over | 3 |
Over 100,000 | Adequate number as determined by the Director |
Hospitals and Institutions | |
Less than 10,000 | 0 |
10,000 - 50,000 | 1 |
50,001 - 100,000 | 2 |
100,001 and over | 3 |
Other Uses | |
Hotels/Motels | 1 |
B.
Maneuvering Area.
Sufficient space shall be provided for turning and maneuvering vehicles such that vehicles may enter and exit the site in a forward direction.
C.
Location and Orientation.
 |
 |
1.
Off-street loading facilities shall be located on the same site with the use for which the berths are required.
2.
Off-street loading facilities shall be designed and located so that loading vehicles are not parked in required setbacks, driveways, or required parking spaces during loading activities.
3.
No loading berths shall be closer than 30 feet to any property in a residential zone unless completely enclosed within a build, or a uniformly solid fence or wall, or any combination thereof, not less than eight feet in height.
4.
No permitted or required loading berth shall be located within 25 feet of the nearest point of any street intersection.
5.
Loading areas shall be located inside of buildings or on non-primary street frontages, alleys, parking areas, and/or at the rear or side of building in accordance with Section 3.02.07 (Utilities, Service Areas, and Building Equipment), and loading docks shall not face a public right-of-way.
6.
Exceptions.
The location requirement may be modified or waived where the Review Authority finds that:
a.
The intended use of the property or the location of or shape of the site and/or existing development warrant a variance;
b.
That street-facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize visual and noise impacts; and
c.
There are specific features of the site and design of the building such that strict application of the location requirement is impractical.
D.
Size and Dimensions.
Each on-site loading space required by this Section shall not be less than 12 feet wide, 45 feet long, and 14 feet high, exclusive of driveways and areas for maneuvering. The minimum size requirement may be modified if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.
E.
Screening.
All loading zones and truck parking areas shall be screened from view by a minimum of an eight-foot-high hedge, vine-covered fence, or wall and landscaping in accordance with the Section 3.02.07 (Utilities, Service Areas, and Building Equipment).
F.
Bumpers.
Bumper rails shall be provided in loading areas where needed for safety or to protect property.
G.
Paving.
Loading areas, aisles, and access driveways shall be paved so as to provide a durable, dustless surface and shall be graded and drained to dispose of surface water.
H.
Use of Required Loading Spaces.
Loading areas shall be accessible for their intended purpose during all hours of operation. No repair work or servicing of vehicles shall be conducted in a loading area. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.
§ 3.04.01 Purpose.
[9-21-2022 by Ord. 1782]
The purposes of this Chapter are to:
A.
Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B.
Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C.
Protect industry from arbitrary exclusion from areas of the City.
§ 3.04.02 Applicability.
[9-21-2022 by Ord. 1782]
The standards of this Chapter shall apply to all new uses in the City at the time of adoption of this Code. In addition, these standards apply to a change in use and major additions or renovations to existing structures (as defined in Article 7 (Definitions)).
A.
The Director may approve an extension for compliance for existing uses with a contract and schedule for full compliance. The extension shall be based on the degree of expenditure needed to achieve full compliance comparted to the total value of the improvements related to the use and the degree of hazard or impact to the adjoining properties and the community from the existing noncompliance with the standards.
§ 3.04.03 General Standard.
[9-21-2022 by Ord. 1782]
Land and buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.
§ 3.04.04 Measurement of Impacts.
[9-21-2022 by Ord. 1782]
Measurements necessary for determining compliance with the performance standards of this Chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
§ 3.04.05 Dust Control and Soil Erosion.
[9-21-2022 by Ord. 1782]
 |
A.
Any soil disturbance due to excavation, grading or building construction shall comply with the regulations and standards in Chapter 152: Dust Control of the City of Indio Municipal Code.
B.
Any ground or soil disturbance due to excavation, grading, cultivating, plowing, removal of vegetation, or other similar acts shall comply with the regulations and standards in Chapter 155: Soil Erosion of the City of Indio Municipal Code.
§ 3.04.06 Air Contaminants.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes shall not operate in a manner that emits excessive dust, odor, fumes, smoke, or particulate matter, unless authorized under Federal, State, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the South Coast Air Quality Management District (SCAQMD). The City shall consult, when appropriate, with SCAQMD to determine which uses shall be equipped with emission-control devices or measures to preclude fugitive dust and particulate emissions from the site. Such devices or measures shall be approved by SCAQMD prior to issuance of a building permit or other approval authorizing construction activities. All devices shall be maintained by the owner.
§ 3.04.07 Odors.
[9-21-2022 by Ord. 1782]
No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
§ 3.04.08 Noise and Vibration.
[9-21-2022 by Ord. 1782]
A.
Development Noise.
No development project shall generate noise exceeding the maximum levels permitted in Table 11-1: Noise Compatibility Guidelines in the Noise Element of the City of Indio General Plan. An acoustic study shall be required for any proposed project which could create or be subject to a noise that exceeds the levels contained in Table 11-1 Noise Compatibility Guidelines of the General Plan should the Director determine that such a study is needed.
B.
Vibration.
No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. Where vibration dampeners are proposed, project applications shall include an engineered study establishing the effectiveness of the dampeners based on actual conditions.
C.
Other Noise and Vibration Sources.
All land uses shall be subject to regulations and standards in Chapter 95C: Noise Control of the City of Indio Municipal Code.
§ 3.04.09 Hazardous Materials.
[9-21-2022 by Ord. 1782]
 |
Uses, activities, and processes involving the use, storage, or disposal of hazardous and extremely hazardous materials shall be regulated and monitored according to standards established by the United States Environmental Protection Agency (EPA), the California Department of Health Services (DHS), the California Department of Toxic Substances Control (DTSC), the Riverside County Department of Environmental Health, and the City of Indio Fire and Building Codes.
§ 3.04.10 Fire and Explosive Hazards.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. No use shall store or process flammable or explosive materials more than the quantities exempted by the Building Code, unless a permit has been granted by the Fire Department. All incineration is prohibited with the exception of substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department.
§ 3.04.11 Glare.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes shall not be operated such that significant, direct glare, incidental to the operation of the use, is visible beyond the boundaries of the property where the use is located.
§ 3.04.12 Heat and Humidity.
[9-21-2022 by Ord. 1782]
Heat emitted by a use shall not cause a temperature increase of more than five degrees Fahrenheit on an adjacent property.
§ 3.04.13 Radioactivity.
[9-21-2022 by Ord. 1782]
Uses, activities, and processes shall not generate or emit any fissionable or radioactive materials into the atmosphere or sewage system or onto the ground.
§ 3.04.14 Electromagnetic Interference.
[9-21-2022 by Ord. 1782]
All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.
§ 3.04.15 Waste.
[9-21-2022 by Ord. 1782]
A.
Discharge.
Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with Title V (Public Works) of the City of Indio Municipal Code, Valley Sanitary Sewer District, other County agencies, and all applicable regulations of the Colorado River Basin Regional Water Quality Control Board.
B.
Containment.
Waste shall be handled and stored to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling. Material, including but not limited to paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way that cannot be tracked or carried by wind off-site.
§ 3.05.01 General Provisions.
[9-21-2022 by Ord. 1782]
A.
Purpose.
This Chapter has been adopted to ensure that all signs installed in the city are compatible with the unique character and environment of the community and in compliance with the General Plan. This Chapter promotes the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content neutral, and nondiscriminatory sign standards and requirements.
More specifically, this Chapter is intended to:
1.
Ensure that all signs are compatible with the unique character and environment of the city, and that they support the desired ambience and development patterns of the various zones within the city; and
2.
Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages; and
3.
Ensure pedestrian and traffic safety by promoting the free flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage; and
4.
Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or maintained; and
5.
Protect property values, the local economy, and quality of life by preserving and enhancing the appearance of the streetscape; and
6.
Provide consistent sign design standards that enable the fair and consistent enforcement of these sign regulations.
B.
Applicability.
1.
This Chapter applies to all signs within the City regardless of their nature or location, unless otherwise specifically exempted in Subsection D (Exemptions).
a.
Standards for permanent signs are found in Section 3.05.05 (Standards for Permanent Signs).
b.
Standards for portable and temporary signs are found in Section 3.05.07 (Standards for Portable and Temporary Signs).
c.
Standards for signs proposed within the boundaries of the City of Indio Downtown Specific Plan[1] are subject to the sign standards established in Section 3.11 (Signs) of the Downtown Specific Plan.
[1]Editor’s Note: The Downtown Specific Plan, referred to in this title is not printed herein, but is on file with the city.
d.
The provisions of this Chapter shall be applied in a content-neutral manner. Noncommunicative aspects of all signs, not related to the content of the sign, must comply with the provisions of this Chapter. "Non-communicative aspects" include the time, place, manner, design, location, size, height, illumination, spacing, and orientation of signs.
2.
Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.
C.
Substitutions and Interpretations.
1.
This Chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message. No part of this Chapter shall be construed to favor commercial speech over non-commercial speech. A non-commercial message may be substituted for any commercial or non-commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different noncommercial message, without the need for any approval or permit, provided that the size of the sign is not altered and the sign otherwise complies with the provisions of this Chapter. To the extent any provision of this Chapter is ambiguous, the term will be interpreted not to regulate on the basis of the content of the message.
2.
Where there is any question regarding the interpretation of a provision of this Chapter, or its application to any specific case or situtation, the Director shall interpret the intent of this Chapter.
D.
Exemptions.
The following are not regulated under this Chapter and do not require a Sign Permit:
1.
Building identification signs not exceeding two square feet in area for residential buildings and four-square feet in area for non-residential buildings;
2.
Any sign, posting, notice or similar signs placed, installed, or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including the following:
a.
Numerals and letters identifying an address from the street to facilitate emergency response and compliant with City requirements;
b.
Emergency and warning signs necessary to warn of dangerous and hazardous conditions and that serve to aid public safety or civil defense;
c.
Traffic signs erected and maintained by an authorized public agency;
d.
Signs required to be displayed by any applicable federal, state, or local law, regulation, or ordinance;
e.
Signs directing the public to points of interest; and
f.
Signs showing the location of public facilities.
3.
Incidential signs not to exceed an aggregate of three-square feet in sign area in all single-family residential zones and six square feet in all other zones;
4.
Landmark signs;
5.
Signs not readable from the public right-of-way, including:
a.
Signs or displays located entirely inside of a building, within a courtyard, open-air pedestrian space or similar open area and not visible from the building's exterior;
b.
Signs intended to be readable from within a parking area or City park but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way; and
6.
Certain Historic and Architectural Features. Historical plaques erected and maintained by non-profit organizations, memorials, building cornerstones, and date-constructed stones not exceeding four square feet in area.
§ 3.05.02 Administration and Procedures.
[9-21-2022 by Ord. 1782]
The procedures for submittal, review, and approval for all signs are provided in Chapter 6.04 (Permits and Approvals).
A.
Sign Permits - Permanent Signs.
The procedures for the submittal, review, and approval of permanent signs are provided in Section 3.05.09B (Sign Permits - Permanent Signs).
B.
Sign Permits - Temporary Signs.
The procedures for the submittal, review, and approval of temporary signs are provided in Section 3.05.09C (Sign Permits - Temporary Signs).
C.
Sign Permits - Master Sign Plans.
The procedures for the submittal, review, and approval of master sign plans are provided in Section 3.05.09D (Sign Permits - Master Sign Plans).
§ 3.05.03 General Restrictions for All Signs.
[9-21-2022 by Ord. 1782]
A.
Location Restrictions.
Except where specifically authorized in this Chapter, signs must not be placed in the following locations or manner:
1.
Within, on, or projecting over public property including City rights-of-way, except as specifically provided in this Chapter;
2.
Any sign attached to any public utility pole, structure or streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property, except those signs approved as part of a special event permit on City property or banner signs permitted by the City on light poles within the City;
3.
Tacked, painted, pasted, or otherwise affixed, to the walls of any building, barn or shed, accessory structure, or on trees, poles, posts, fences, ladders, or other structures that are visible from a public way;
4.
Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device;
5.
Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code, or by Fire Department regulations (currently in effect);
6.
Off-the-premises to which the sign refers, except as provided in Section 3.05.07 (Standards for Portable and Temporary Signs);
7.
Mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises unless such vehicles are purposefully incorporated into the design of the sign and the sign has either been issued a permit by the Director or is non-conforming. Vehicles must be operable and parked in a lawful or authorized manner. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business;
8.
Painted, attached, or mounted on fuel tanks, storage containers, solid waste receptacles or their enclosures, and similar structures, except for a manufacturer's or installer's identification, appropriate warning signs and placards, and information required by law;
9.
Areas where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature; and
10.
Within the site visibility triangle (Refer to Section 3.02.06 (Visibility Area)) that must be observed at all in street intersections and the intersections of dedicated alleys or driveways with streets.
B.
Display Restrictions.
This Subsection regulates the manner in which signs convey their messages by specifying prohibited display features that create distractions to the traveling public and visual clutter that mar the natural and architectural aesthetics of the City. Signs with the following display features are prohibited:
1.
Any sign or lighting device, whether on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, blinking, or strobe light illumination;
2.
Any sign with an exposed light source, except for neon incorporated into the design of the sign;
3.
Any sign which uses florescent colors;
4.
Any sign which emits sound, odor, smoke, laser or hologram lights, or other visible matter, including any sign that uses motion picture projection;
5.
Any sign animated by any means, including fixed aerial displays, balloons, pennants, spinners, including strings of flags, streamers, tubes, or other devices affected by the movement of the air or other atmospheric or mechanical means;
6.
Any sign in which the sign body or any portion of the sign rotates, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction; and
7.
Strings of lights arranged in the shape of a product, arrow, or any commercial message.
C.
Prohibited Sign Types.
1.
Bandit signs;
2.
Billboard signs;
3.
Stuffed or inflated animals or characters used as signs;
4.
Any sign which advertises a business no longer in existence or a product or service no longer being sold, except as provided in Section 3.05.08F.2 (Removal or Replacement of a Nonconforming Sign) and landmark signs; and
5.
Any signs not specifically allowed in this Chapter.
§ 3.05.04 General Requirements for All Signs.
[9-21-2022 by Ord. 1782]
A.
Sign Message.
Any permitted sign may contain, in lieu of any other message or copy, any lawful non-commercial message, so long as the sign complies with the size, height, area, location, and other requirements of this Chapter.
B.
Rules of Measurement.
1.
Sign Area Measurement.
Sign area is measured as follows:
a.
Signs on Background Panel.
Where the sign copy is mounted, affixed, or painted on a background panel or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest rectangle(s) that will enclose both the sign copy and the background, as shown in Figure 3.05.04-1.
FIGURE 3.05.04-1. Signs on Background Panel  |
b.
Signs with Individual Letters.
Where the sign has individual letters or graphics mounted against a wall, fascia, mansard, parapet, or other building surface that has not been distinctively painted, textured or constructed as a background panel, the sign area is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign except for the descending elements of lower case letters, as shown in Figure 3.05.04-2. As an incentive to encourage the use of individual letters in a sign, sign area for individual letters or graphics will be counted as 75 percent of the area enclosing the sign copy so that a larger sign area may be permitted.
FIGURE 3.05.04-2. Signs with Individual Letters  |
c.
Signs on Illuminated Surfaces.
Where the sign is mounted, affixed, or painted on an illuminated surface or illuminated element of a building or structure, the sign area is measured as the entire illuminated surface or illuminated element, which contains sign copy, as shown in Figure 3.05.04-3
FIGURE 3.05.04-3. Signs on Illuminated Surfaces  |
d.
Irregular Shaped Signs.
Sign area for irregular shaped signs is determined by dividing the sign into squares, rectangles, triangles, circles, or arcs as shown in Figure 3.05.04-4.
FIGURE 3.05.04-4. Irregular Shaped Signs  |
e.
Multi-Face Signs.
The sign area for multi-face signs, as shown in Figure 3.05.04-5 are measured as follows:
i.
Two-Face Signs.
Where the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is measured as the area of one sign face only. Where the angle between the two sign faces is greater than 45°, the sign area is the sum of the areas of the two sign faces.
ii.
Three- or Four-Face Signs.
The allowable sign area is measured as 50% of the sum of the areas of all sign faces.
FIGURE 3.05.04-5. Multi-Face Signs  |
iii.
Spherical, Free-Form, or Sculptural Signs.
The sign area is measured by encasing the longest portion of the sign with four dimensionally equal lines, and the shortest portion of the sign with at least two dimensionally equal lines to form a cuboid. The sign area is 50% of the sum of the areas between the longest four dimensionally equal lines encompassing the cuboid, as shown in Figure 3.05.04-6.
FIGURE 3.05.04-6. Spherical, Free-form, or Sculptural Signs  |
2.
Sign Height Measurement.
a.
Freestanding Signs.
Sign height for freestanding signs is measured as the vertical distance from the finished grade to the top of the sign, exclusive of any filling, berming, mounding or landscaping solely for the purpose of locating the sign as shown in Figure 3.05.04-7, excluding decorative embellishments as permitted by the provisions of this Section.
FIGURE 3.05.04-7. Freestanding Sign Height  |
i.
Higher Than Adjacent Grade.
Where the natural grade at the base of a sign is higher than the grade of the adjacent road, sign height is measured from the base of the sign, as shown in Figure 3.05.04-8.
FIGURE 3.05.04-8. Freestanding Sign Height, Higher than Adjacent Grade  |
ii.
Lower Than Adjacent Grade.
Where the natural grade at the base of a sign is lower than the grade of an adjacent road, the height of the sign is measured from the top of curb elevation, as shown in Figure 3.05.04-9.
FIGURE 3.05.04-9. Freestanding Sign Height, Lower than Adjacent Grade  |
b.
Wall Signs.
The height of building-mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign or sign structure, as shown in Figure 3.05.04-10.
FIGURE 3.05.04-10. Wall Sign Height  |
C.
Sign Illumination.
1.
Internal Illumination.
Internally illuminated signs include cabinet signs, single- or two-color LED signs, signs constructed with pan channel letters, or indirect halo illuminated channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.
a.
To minimize glare, internally illuminated signs such as cabinet signs must either be constructed with an opaque background and translucent text and symbols, or with a colored (not white, off-white, light gray, or cream) background and generally lighter text and symbols as shown in Figure 3.05.04-11.
FIGURE 3.05.04-11. Internal Illumination | ||
Light Background Not Allowed | Colored Background Allowed | Opaque Background Allowed |
RESTAURANT CAFE | GAS STATION | HOTEL |
b.
Internally illuminated cabinet signs may be used only for non-residential uses in the Residential zones and in the Non-Residential and Public/Institutional zones (Refer to Chapter 2.02 (Residential Zones), Chapter 2.03 (Mixed-Use Zones), and Chapter 2.04 (Non-Residential Zones)) provided the illumination intensity does not exceed 0.5 footcandles at the property line. Internally illuminated cabinet signs are not allowed in any of the Mixed-Use zones.
2.
External Illumination.
a.
Externally illuminated signs must be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.
b.
The light source for externally illuminated signs must be arranged and shielded to substantially confine all direct light rays onto the sign face and away from streets and adjacent properties as illustrated in Figure 3.05.04-12.
FIGURE 3.05.04-12. External Illumination  |
3.
Neon.
a.
Exposed neon sign lighting on permanent signs and single-color or two-color LED signs are only allowed in Mixed-Use and Non-Residential zones (Refer to Chapter 2.02 and Chapter 2.03).
b.
Neon signs placed in a window are counted toward the total aggregate area for all window signs (Refer to Table 3.05.05-13 (Standards for Window Signs)).
4.
Single-Color or Two-Color LED Signs.
a.
Single-color or two-color LED signs are exempt from the sign area limitations for wall signs and window signs established in Table 3.05.05-12 (Standards for Wall Signs) and Table 3.05.05-13 (Standards for Window Signs).
b.
Any individual single-color or two-color LED sign must not exceed four square feet in area.
5.
Electronic Message Signs.
a.
One electronic message sign may be allowed subject to approval of an Administrative Conditional Use Permit (Refer to Section 6.04.04 (Use Permits)) as an integral component of a freestanding or wall sign (Refer to Table 3.05.05-12 (Standards for Wall Signs) and Table 3.05.05-17 (Standards for Monument Signs)) per lot or parcel in Mixed-Use and Non-Residential zones and for mixed-use and non-residential uses in all zones. The Director may require Planning Commission approval of the Administrative Conditional Use Permit if, in the Director's opinion, there are special or unusual circumstances associated with the application for the electronic message sign.
b.
Electronic message signs must not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion). Electronic message signs may display changing messages provided that each message is displayed for no less than 15 seconds.
c.
Night-Time Brightness.
i.
Automatic Control.
Electronic message signs must be equipped with photocell technology to control and vary the intensity of light output depending on the amount of ambient light that is present to prevent overly bright luminance at night. Automatic controls must limit night luminance to a maximum of 100 nits when the display is set to show maximum brightness in 100% full white mode.
ii.
Manufacturer Certification.
The applicant shall include with the Building Permit application a written certification from the sign manufacturer that the nighttime luminance has been factory pre-set not to exceed 100 nits as described in Subsection c.i, above, and that this setting is protected from end-user modification by password-protected software or other method as deemed appropriate by the Building Official.
d.
Electronic message signs must be set to a maximum lighting intensity of 0.6 candela (footcandles) over ambient light levels as measured using a footcandle meter placed 100 feet from the sign. Each sign shall have a redundant system for controlling sign brightness, including an automatic light sensing device or photocell that will adjust the brightness as ambient light conditions change, and a backup system based on local sunrise and sunset times.
D.
Sign Structure and Installation.
The installation of signs shall be enforced and administered by the Building Official. All signs and sign structures must be designed to comply with the provisions of this Chapter, the applicable provisions of the Building Code, and constructed to withstand wind loads, dead loads, and lateral forces.
1.
Engineer.
If the desired freestanding sign is more than 12 feet from grade to the bottom of the sign or is more than 100 square feet in one single face, it shall be reviewed and sealed by a licensed engineer.
2.
Any angle iron, bracing, guy wires, or similar features used to support a sign must not be visible to the extent technically feasible.
3.
Where electrical service is provided to freestanding signs, all such electrical service must be placed underground and be concealed. Electrical service to building mounted signs, including conduit, housings, and wire, must be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. A Building Permit must be issued prior to installation of any new signs requiring electrical service.
4.
All permanent signs allowed by this Chapter must be constructed of durable materials capable of withstanding continuous exposure to the elements and the conditions of a built-up environment, and must be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
5.
Raceway cabinets, as illustrated in Figure 3.05.04-13, must only be used in building mounted signs when access to the wall behind the sign is not feasible, or when the Director determines that a benefit exists to preserve a historic or architectural feature of a building. In such cases, the raceway cabinet must not extend in width and height beyond the area of the sign and must match the color of the building to which it is attached. Where a raceway cabinet provides a contrast background to sign copy, the colored area is counted in the total allowable sign area allowed for the site or business.
FIGURE 3.05.04-13. Raceway Cabinet | |
 |  |
E.
Sign Maintenance.
1.
All signs shall be maintained by any property owner, lessor, lessee, manager, agent, or other person having lawful possession or control over a sign, building, structure, or parcel of land, in a condition or state of equivalent quality to which it was approved or required by the City.
2.
All signs together with their supports and appurtenances must be maintained in good structural condition, in compliance with applicable Building Codes, and in conformance with this Chapter. Maintenance of a sign includes annual cleaning; replacement of flickering, burned out or broken light bulbs or fixtures; repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign; replacement of broken or removed components of the sign; and any other activity necessary to restore the sign so that it complies with the requirements and contents of the Sign Permit issued for its installation and the provisions of this Chapter.
3.
Required landscaped areas contained by a fixed border, curbed area, wall, or other perimeter structure must receive regular repair and maintenance. Plant materials that do not survive after installation in required landscape areas are required to be replaced within three months.
4.
The Building Official is authorized to order the repair, maintenance, or removal of any sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this Section.
5.
Failure to maintain a sign constitutes a violation of this Chapter and will be subject to enforcement action, in which case the Building Official may order the removal of any sign that is determined to be in disrepair or dangerous.
6.
Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) within 10 days of the graffiti being applied or within 10 days of notification by the Director, whichever event comes first.
§ 3.05.05 Standards for Permanent Signs.
[9-21-2022 by Ord. 1782]
A.
Applicability.
1.
This Section establishes the standards for permanent signs.
2.
Table 3.05.05-1 (Allowed Sign Types by Zone) establishes which sign types are allowed in each zone. Any combination of allowed sign types may be used within a given zone unless specifically prohibited. The zones listed in Table 3.05.05-1 (Allowed Sign Types by Zone) are consistent with the land use types established in the General Plan.
3.
Table 3.05.05-2 (Dimensional Standards for Permanent Signs) establishes standards for building-mounted and freestanding signs based on the uses allowed within a specific zone(s). Tables 3.05.05-3 through 3.05.05-18 provide the standards and supporting illustrations for each of the allowed sign types.
4.
A sign type not specifically included in this Section may be allowed by the Director provided the sign meets the intent of the zone in which it is proposed. The Director may refer a decision on a sign type to the Planning Commission if the Director finds the public interest would be better served by having the Planning Commission act as the decision-maker.
5.
A permanent freestanding sign is only allowed on a panel on which a primary use or building has been established.
TABLE 3.05.05-1: Allowed Sign Types by Zone | |||||||
|---|---|---|---|---|---|---|---|
Sign Type | Single-family Residential Zones | Multi-family Residential Zones | Mixed-Use Zones | Commercial Zone | Industrial Zones | Public and Institutional Zones | |
DE-1, DET-3, SN-4, SN-8, and RLCI Zones | MH, CN-14, and CN-20 Zones | MUN-40, NC-20, MT-40, and DT SP Zones | RC Zone | IL, IH, RR Zones | PI Zone | OS Zone | |
• = Allowed; — Not Allowed | |||||||
Building Mounted Signs | |||||||
Awning Sign | — | — | • | • | • | • | — |
Blade Sign | — | — | • | • | • | — | — |
Canopy Sign | — | — | • | • | • | — | — |
Directional Sign | — | • | • | • | • | • | |
Directory Sign | — | • | • | • | • | • | — |
Marquee Sign | — | — | • | • | — | — | — |
Roof-Mounted Sign | — | — | • | • | • | — | — |
Service Island Canopy Sign | — | — | • | • | • | — | — |
Vertical Projecting Sign | — | — | • | • | • | — | — |
Wall Sign | — | — | • | • | • | • | • |
Window Sign | — | — | • | • | • | • | — |
Freestanding Signs | |||||||
Directional Sign | — | • | • | • | • | — | • |
Directory Sign | — | • | • | • | — | — | • |
Front Yard Sign | • | • | • | — | — | — | — |
Monument Sign | • | • | • | • | • | • | • |
Post Sign | • | • | • | • | • | • | • |
B.
Standards for Permanent Building-Mounted and Freestanding Signs.
1.
The maximum total area for all building-mounted and freestanding signs is established in Table 3.05.05-2 (Dimensional Standards for Permanent Signs).
2.
The area of all building-mounted signs is included in the maximum total sign area for wall signs, except when specifically exempted.
3.
All permanent building-mounted and freestanding signs must comply with the corresponding sign type standards provided in Tables 3.05.05-3 to Table 3.05.05-18.
TABLE 3.05.05-2: Dimensional Standards for Permanent Signs | |||||
|---|---|---|---|---|---|
Standard | |||||
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |||||
Single-family Residential Uses | |||||
Applies to single-family residential (attached and detached), two-family/duplex, and tri-/quadplex uses in Residential and Mixed-Use zones. | |||||
Building Mounted Sign | |||||
Max. Sign Area | 3 sf | ||||
Max. Sign Height | 8 ft | ||||
Max. Number of Signs | 1 per parcel | ||||
Illumination | Non-illuminated | ||||
Freestanding Sign | |||||
Max. Sign Area | Front yard sign - 4 sf For permitted non-residential uses and subdivisions: Monument sign - Max. 32 sf or Post sign - Max. 16 sf | ||||
Max. Sign Height | 4 ft | ||||
Max. Number of Signs | 1 per parcel | ||||
Illumination | Non-illuminated | ||||
Multi-family Residential Uses | |||||
Applies to multi-family residential uses in Residential and Mixed-Use zones. | |||||
Building Mounted Sign | |||||
Max. Sign Area | For multi-family residential uses with 5 dwelling units or more, 1 building mounted sign allowed max. sign area of 40 sf | ||||
Max. Sign Height | 10 ft | ||||
Illumination | Non-illuminated or internal illumination | ||||
Other Requirements | Building mounted or freestanding directory signs, max. 5 sf; no limit on the number of signs. | ||||
Freestanding Signs - Monument and Post Sign (Only allowed in lieu of Building Mounted Signs) | |||||
Max. Sign Area | Monument sign — 32 sf or Post sign — 16 sf | ||||
Max. Sign Height | 5 ft | ||||
Max. Number of Signs | 1 sign per street frontage; Max. 2 signs | ||||
Illumination | Non-illuminated or internal illumination | ||||
Other Requirements | 2 sf of landscape area placed at the base of the sign for 1 sf of sign area | ||||
Mobile Home and RV Park | |||||
Applies to all mobile home and recreational vehicle parks in Residential and Mixed-Use zones. | |||||
Building Mounted Sign | |||||
Max. Sign Area | 32 sf in residential and mixed-use zones 50 sf in commercial zones | ||||
Max. Sign Height | Plate line | ||||
Max. Number of Signs | 1 sign per street frontage; Max. 2 signs | ||||
Freestanding Signs - Monument and Post Sign (Only allowed in lieu of Building Mounted Signs) | |||||
Residential Zones | Mixed-Use Zones | Commercial Zones | |||
Max. Sign Area | Monument Sign - 32 sf Post Sign - 16 sf | Monument Sign - 32 sf Post Sign - 16 sf | Monument Sign - 40 sf Post Sign - 24 sf | ||
Max. Sign Height | Monument Sign - 5 ft Post Sign - 6 ft | Monument Sign - 5 ft Post Sign - 6 ft | Monument Sign - 10 ft Post Sign - 6 ft | ||
Max. Number of Signs | 1 sign per street frontage; Max. 2 signs | ||||
Public and Institutional Uses | |||||
Only applies to public and institutional uses in all zones. | |||||
Building Mounted Signs | |||||
Max. Sign Area | 40 sf | ||||
Max. Sign Height | Plate line | ||||
Max. Number of Signs | 1 per street frontage; Max. 2 signs | ||||
Illumination | Non-illuminated or internal illumination | ||||
Freestanding Signs | |||||
Max. Sign Area | 32 sf | ||||
Max. Sign Height | 6 ft | ||||
Max. Number of Signs | 1 sign per street frontage; Max. 2 signs | ||||
Illumination | Non-illuminated or internal illumination | ||||
Other Requirements | 2 sf of landscape area placed at the base of the sign for 1 sf of sign area. | ||||
Mixed-Use Commercial Uses | |||||
Only applies to commercial uses in Mixed-Use zones. | |||||
Building Mounted Signs | |||||
Max. Sign Area | Single tenant total building mounted sign area: 1 sf to 1 lf of building elevation where sign is placed (Includes awning, blade (< 6 sf), canopy, wall (max. 40 sf), and window signs) Multi-tenant total building mounted sign area: 1 sf to 1 If building tenant frontage (Includes awning, blade (< 6 sf), canopy, wall (max. 40 sf), and window signs) | ||||
Max. Sign Height | 16 ft | ||||
Max. Number of Signs | 1 per business | ||||
Illumination | Non-illuminated or internal illumination | ||||
Other Requirements | Signs for an ancillary business located within an existing business are allowed 1 wall sign, max. 24 sf. | ||||
Freestanding Signs (Monument or Post Sign) | |||||
Max. Sign Area | Signs placed on primary street: Monument sign — 32 sf or Post sign — 16 sf Signs on a secondary street facing the parking lot: Monument sign — 20 sf or Post sign — 10 sf | ||||
Max. Sign Height | Monument sign — 8 ft; Post sign — 6 ft | ||||
Max. Number of Signs | 1 per street frontage: Max. 2 signs | ||||
Illumination | Non-illuminated or internal illumination. | ||||
Other Requirements | 2 sf of landscape area placed at the base of the sign for 1 sf of sign area. | ||||
General Commercial Uses | |||||
Only applies to commercial uses in the Regional Commercial zone. | |||||
Building Mounted Signs | |||||
Max. Sign Area per Tenant | Lot Size | Max. Sign Size | |||
0 to 6,000 sf | 80 sf | ||||
6,0001 to 12,000 sf | 100 sf | ||||
12,001 to 24,000 sf | 150 sf | ||||
24,001 and above | 200 sf | ||||
Max. Sign Height | Plate line | ||||
Max. Number of Signs | None, provided the total sign area per tenant is not exceeded. | ||||
Illumination | Non-illuminated, internal illumination, or external illumination. | ||||
Other Requirements | A roof-mounted sign is permitted in lieu of a wall sign or freestanding sign. | ||||
Freestanding Signs | |||||
Max. Sign Area | Sign area for multi-tenant properties shall be 20 sf. | ||||
Max. Sign Height | Monument sign: 20 ft Post Sign: 6 ft | ||||
Max. Number of Signs | 1 per street frontage; Max. 2 signs (Excludes freestanding signs on individual buildings pads). | ||||
Illumination | Non-illuminated, internal illumination, or external illumination. | ||||
Other Requirements | Individual building pads in a shopping center are allowed 1 monument sign placed on the building pad with max. area 20 sf and max. height of 6 ft. 2 sf of landscape area placed at the base of the sign for 1 sf of sign area. | ||||
Freeway-Oriented Signs (Applies to all freestanding signs in Regional Commercial zone and Industrial zones) | |||||
Parcels > 20 acres with frontage on Interstate 10. | |||||
Max. Sign Area | 500 sf. | ||||
Max. Sign Height | Max. 55 ft; Max. 25 ft above freeway grade. | ||||
Sign Location | Min. 500 feet from any other freestanding freeway-oriented sign. Min. 25 feet setback from I-10 right-of-way. | ||||
Max. Number of Signs | 1 per freeway-oriented frontage. | ||||
Illumination | Non-illuminated, internal illumination, or external illumination. | ||||
Other Requirements | Line of sight study required to determine optimum height for sign structures. For each freeway-oriented sign allowed an additional street-oriented freestanding sign may be permitted by design review provided the sign has a distinctive design and is max. 50 sf in area and not taller than 15 ft. | ||||
Parcels < 20 acres with frontage on Interstate 10. | |||||
Max. Sign Area | 300 sf. | ||||
Max. Sign Height | Max. 40 ft; Max. 25 ft above freeway grade. | ||||
Sign Location | Min. 400 ft from any other freestanding freeway-oriented sign. Min. 25 ft setback from I-10 right-of-way. | ||||
Max. Number of Signs | 1 per freeway-oriented frontage. | ||||
Illumination | Non-illuminated, internal illumination, or external illumination. | ||||
Other Requirements | Line of sight study required to determine optimum height for sign structures. For each freeway-oriented sign allowed an additional street-oriented freestanding sign may be permitted by design review provided the sign has a distinctive design and is max. 50 sf in area and not taller than 15 ft. | ||||
Downtown Zone | |||||
Standards for Downtown Zone | Refer to the Downtown Specific Plan,[1] Section 3.11 (Signs). | ||||
Manufacturing, Industrial, and Office Park Uses | |||||
Applies to manufacturing, industrial, office park uses in Light Industrial/Business Park, Heavy Industrial/Manufacturing, and Regional Commercial zones. | |||||
Building Mounted Signs | |||||
Max. Sign Area per Tenant | Lot Size | Max. Sign Size | |||
0 to 6,000 sf | 80 sf | ||||
6,0001 to 12,000 sf | 100 sf | ||||
12,001 to 24,000 sf | 150 sf | ||||
24,001 and above | 200 sf | ||||
Max. Sign Height | Plate line | ||||
Max. Number of Signs | 1 per tenant. | ||||
Illumination | Non-illuminated, internal illumination, or external illumination. | ||||
Other Requirements | A roof-mounted sign is permitted in lieu of a wall sign or freestanding sign. | ||||
Freestanding Signs | |||||
Max. Sign Area | 1 acre or larger property, Max. 400 sf | ||||
Frontage Length | Max. Sign Area | Max. Sign Height | |||
0 to 99 lf | 80 sf | 25 ft | |||
100 to 199 lf | 100 sf | 35 ft | |||
> 200 lf | 200 sf | 45 ft | |||
Max. Sign Area - Monument Signs | 45 sf (monument sign only) | ||||
Max. Sign Height - Monument Signs | 20 ft | ||||
Number of Signs | 1 per street frontage; Max. 2 signs | ||||
Illumination | Non-illuminated, internal illumination, or external illumination. | ||||
Other Requirements | 2 sf of landscape area placed at the base of the sign for 1 sf of sign area. | ||||
Parks and Open Space | |||||
Applies to parks and open space uses in all zones. | |||||
Building Mounted Signs | |||||
Max. Sign Area | 12 sf | ||||
Max. Sign Height | 15 feet | ||||
Max. Number of Signs | 1 per street frontage; Max. 2 signs | ||||
Illumination | Non-illuminated, internal illumination, or external illumination. | ||||
Freestanding Signs | |||||
Max. Sign Area | 24 sf | ||||
Max. Sign Height | 6 ft | ||||
Max. Number of Signs | 1 sign per parcel | ||||
Illumination | Non-illuminated, internal illumination, or external illumination. | ||||
Other Requirements | 2 sf of landscape area placed at the base of the sign for 1 sf of sign area. | ||||
[1]
Editor's Note: The Downtown Specific Plan, referred to in this title is not printed herein, but is on file with the city.
C.
Standards for Permanent Building-Mounted Signs.
Standards for each allowed permanent building-mounted sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables. Each sign type listed in this Section must be included in the calculation of the total sign area allowed on a parcel or development site by Table 3.05.05-2 (Dimensional Standards for Permanent Signs) except as explicitly provided otherwise in Tables 3.05.05-3 through Table 3.05.05-18.
1.
Awning Signs.
Awning signs must comply with the standards provided in Table 3.05.05-3 (Standards for Awning Signs).
TABLE 3.05.05-3: Standards for Awning Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 1 sf per linear foot of awning width |
Sign Height | Min. 8 ft from the bottom of the awning to the nearest grade or sidewalk Max. 20 ft |
Number of Signs | No limit provided the max. area for building mounted signs is met. |
Sign Placement | Must be placed above the doors and windows of the ground, second, or third floor. Awnings must not project above, below, or beyond the edges of the face of the building wall or architectural element. Sign width must not be greater than 60% of the width of the awning face or valance on which it is displayed. If an awning is placed on multiple storefronts, each business is permitted signage no greater than 60% of the width of the storefront. May project into public right-of-way with approval of an Encroachment Permit. |
Valance Height | Max. 9 in |
Horizontal Distance from the Front Edge of the Awning to the Back-of-Curb | Min. 2 ft |
Illumination | Illumination allowed under the awning. |
 | |
2.
Blade Signs.
Blade signs must comply with the standards provided in Table 3.05.05-4 (Standards for Blade Signs).
TABLE 3.05.05-4: Standards for Blade Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 12 sf |
Number of Signs | 1 per business frontage. |
Mounting Height | Min. 8 ft from the bottom of the sign to the nearest grade or sidewalk. Must be mounted perpendicular to the building face or the corner of the building. |
Sign Placement | If mounted below the underside of a walkway or overhead structure, must not extend beyond the edge of the structure on which it is located. May project into public right-of-way with approval of an Encroachment Permit. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
 | |
3.
Canopy Signs.
Canopy signs must comply with the standards provided in Table 3.05.05-5 (Standards for Canopy Signs).
TABLE 3.05.05-5: Standards for Canopy Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 1 sf per linear foot of canopy width. |
Sign Height | Min. 8 ft from the bottom of the canopy to the nearest grade or sidewalk; Max. 20 ft |
Number of Signs | 1 per business frontage. |
Sign Placement | Must be placed above the doors and windows of the ground floor of a building. Sign width must not be greater than 60% of the width of the canopy on which it is displayed. If a canopy is placed on multiple store fronts, each business is permitted signage no greater than 60% of the store width or tenant space. May project into public right-of-way with approval of an Encroachment Permit. |
Horizontal Distance from the Edge of the Canopy to Back-of-Curb | Min. 2 ft |
Illumination | Non-illuminated, internal illumination, or external illumination. |
 | |
4.
Directional Signs (Building-Mounted).
Directional signs must comply with the standards provided in Table 3.05.05-6 (Standards for Directional Signs (Building-Mounted)).
TABLE 3.05.05-6: Standards for Directional Signs (Building-Mounted) | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 12 sf. Excluded from the total allowed sign area for all building-mounted signs. |
Sign Height | Max. 8 ft |
Number of Signs | Max. 1 per driveway entrance; 6 signs per site or development. If not readable from the right-of-way, no limit. Excluded from the total number of allowed signs for all building-mounted signs. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
 | |
5.
Directory Signs (Building-Mounted).
Directory signs must comply with the standards provided in Table 3.05.05-7 (Standards for Directory (Building-Mounted)).
TABLE 3.05.05-7: Standards for Directory Signs (Building Mounted) | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 2 sf per tenant space; Max. total area 16 sf. Excluded from the total allowed sign area for all building-mounted signs. |
Mounting Height | Max. 8 ft from nearest grade. |
Number of Signs | Max. 1 per primary building entrance. Excluded from the total number of allowed signs for all building-mounted signs. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
 | |
6.
Marquee Signs.
Marquee signs must comply with the standards provided in Table 3.05.05-8 (Standards for Marquee Signs).
TABLE 3.05.05-8: Standards for Marquee Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 200 sf; Includes all 3 sides of the marquee. |
Mounting Height | Min. 12 ft from the bottom of the marquee to the nearest grade or sidewalk. |
Sign Placement | May project into public right-of-way with approval of an Encroachment Permit. Sign letters may be placed above the marquee with approval of a Conditional Administrative Use Permit (Refer to Section 6.04.04 (Use Permits)). |
Number of Signs | Max. 1 per business. |
Horizontal Distance from the Front Edge of the Marquee to the Back-of-Curb | Min. 2 ft |
Illumination | Direct illumination or internal illumination. |
 | |
7.
Roof-Mounted Signs.
Roof-mounted signs must comply with standards provided in Table 3.05.05-9 (Standards for Roof-Mounted Signs).
TABLE 3.05.05-9: Standards for Roof-Mounted Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Refer to the standards for Wall Signs, Table 3.05.05-12. Sign width shall not be greater than 50% of the width of the roof or mansard in which it is displayed. |
Sign Placement | Hip roof: Only placed on the lowest 1/3 of the slope of the roof measured from the peak. Mansard roof: Only placed on the lowest 1/2 of the slope of the roof. Signs for individual tenants in multi-tenant centers shall be centered above the tenant space and only mounted on a mansard roof. |
Number of Signs | Max. 1 per business. For corner sites, 1 sign per frontage. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
Other Requirements | Signs made of individual letters must have a minimum depth of 6 inches to convey a three-dimensional appearance. Roof mounted signs must be mounted in compliance with the requirements of Section 3.05.04D.2 (Sign Structure and Installation). |
 | |
8.
Service Island Canopy Signs.
Service Island Canopy signs must comply with the standards provided in Table 3.05.05-10 (Standards for Service Canopy Signs).
TABLE 3.05.05-10: Standards for Service Island Canopy Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 60 sf for the total area of all signs on the canopy. As allowed by use permit but not to exceed 150 sf for detached signs and 32 sf for attached. |
Number of Signs | Signs may only be displayed on max. 3 canopy facades. |
Illumination | Non-illuminated or internal illumination. |
 | |
9.
Vertical Projecting Signs.
Projecting signs must comply with the standards provided in Table 3.05.05-11 (Standards for Vertical Projecting Signs).
TABLE 3.05.05-11: Standards for Vertical Projecting Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 24 sf |
Mounting Height | Min. 8 feet from the bottom of the sign to the nearest grade or sidewalk and 14 ft above vehicular ways. |
Sign Placement | Only on the wall of a building. May project into public right-of-way with approval of an Encroachment Permit. Signs projecting over a public right-of-way shall be limited to those attached to a building located at or within six feet of the building entrance. |
Number of Signs | Max. 1 per business frontage. |
Projection | Max. 4 ft from the building wall to the outer edge of the sign. No such sign shall extend closer than four feet to a curb line. For any building located on the property line may have a sign which projects up to 18 inches into the public right-of-way. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
Other Requirements | No sign or sign structure shall project into a driveway or a public alley. |
 | |
10.
Wall Signs.
Wall signs must comply with the standards provided in Table 3.05.05-12 (Standards for Wall Signs).
TABLE 3.05.05-12: Standards for Wall Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | As provided in Table 3.05.05-2. |
Number of Signs | As provided in Table 3.05.05-2. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
Sign Placement | Refer to the illustration below for applicable standards. Signs for businesses exclusively on the second or third floor of a multi-level building are allowed a wall or awning signs, max. 50% of the sign area allocated to business on the first floor. |
Special Provisions | Requirements |
Painted Wall Signs | Painted wall signs are allowed on any exterior building wall of an individual tenant space or building. The allowable area for painted wall signs will be increased by 10% over the normal allowable sign dimensions for the zone. Painted wall signs must be professionally painted. Non-illuminated or external illumination only. |
Changeable Copy and Electronic Message Signs | Max. sign area 25% of the total allowable sign area for the building. The changeable sign copy must be an integral part of a permanent building-mounted sign. Changeable sign copy may only be non-illuminated or internally illuminated. |
 | |
11.
Window Signs.
Window signs must comply with the standards provided in Table 3.05.05-13 (Standards for Window Signs).
TABLE 3.05.05-13: Standards for Window Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Permanent window signs - max. 20% of the area of the window on which they are displayed. The combined area of portable and permanent window signs must not exceed 40% of the area of the window on which they are displayed. Painted window signs or perforated vinyl signs are included in this calculation. Excluded from the total allowed sign area for all building-mounted signs. |
Sign Placement | Must be mounted or displayed on the interior of the window. Allowed on 1st, 2nd, and 3rd story windows only. |
Illumination | Non-illuminated, neon, or single- or two-color LED signs are allowed. |
 | |
D.
Standards for Permanent Freestanding Signs.
Standards for each allowed permanent freestanding sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables and Table 3.05.05-2 (Dimensional Standards for Permanent Signs).
1.
Directional Signs (Freestanding).
Directional signs must comply with the standards provided in Table 3.05.05-14 (Standards for Directional Signs (Freestanding).
TABLE 3.05.05-14: Standards for Directional Signs (Freestanding) | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 2 sided allowed; 3 sf per sign face. Excluded from the total allowed sign area for all freestanding signs. |
Sign Height | Max. 6 ft; except 4 ft at driveway or drive-through lanes. |
Sign Placement | Max. 10 ft setback from the property line. |
Number of Signs | Max. 1 per driveway entrance; 6 signs per site or development. Excluded from the total number of allowed signs for all freestanding signs. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
Other Requirements | Freestanding directional signs must be located in a landscape area defined by a vertical curb to protect the sign. Lack of landscaping associated with a legal non-conforming use is not cause for abatement. Refer to the landscaping standards in Table 3.05.05-2. |
 | |
2.
Directory Signs (Freestanding).
Directory signs must comply with the standards provided in Table 3.05.05-15 (Standards for Directory Signs (Freestanding).
TABLE 3.05.05-15: Standards for Directory Signs (Freestanding) | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 12 sf; Max. 1 sf per tenant space. Excluded from the total allowed sign area for all freestanding signs. |
Height | Max. 5 ft from nearest grade. |
Sign Placement | Max. 10 ft setback from the property line. |
Number of Signs | Max. 1 per building. Excluded from the total number of allowed signs for all freestanding signs. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
Other Requirements | Freestanding directory signs shall be located in a landscaping area defined by a vertical curb to protect the sign. Lack of landscaping associated with a legal non-conforming use shall not be cause for abatement. Refer to the landscaping standards in Table 3.05.05-2. |
 | |
3.
Front Yard Signs.
Front Yard signs must comply with the standards provided in Table 3.05.05-16 (Standards for front Yard Signs).
TABLE 3.05.05-16: Standards for Front Yard Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | Max. 4 sf per sign face; Max. dimension of longest side 2.5 ft. Excluded from the total area of allowed signs for all freestanding signs. |
Height | Max. 6 ft |
Sign Placement | Max. 10 ft setback from the property line. |
Number of Signs | Max. 1 per business. |
Illumination | Non-illuminated or external illumination. |
 | |
4.
Monument Signs.
Monument signs must comply with the standards provided in Table 3.05.05-17 (Standards for Monument Signs).
TABLE 3.05.05-17: Standards for Monument Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | As provided in Table 3.05.05-2. |
Sign Height | As provided in Table 3.05.05-2. Elements to enhance the design of a sign structure may extend above the sign to a max. of 20% of the sign's allowed height, or 12 inches, whichever is greater. |
Base Width/Height | The monument sign's base must be at least 60% of the width of the sign. The monument sign's base must be maximum 4 ft in height. |
Sign Placement | Max. 10 ft setback from the property line. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
Other Requirements | Monument signs shall be located in a landscaping area defined by a vertical curb to protect the sign. Lack of landscaping associated with a legal non-conforming use shall not be cause for abatement. Refer to the landscaping standards in Table 3.05.05-2. |
Special Provisions | Requirements |
Changeable Copy and Electronic Message Signs | Max. sign area 30% of the total allowable sign area. The changeable sign or electronic message sign copy must be an integral part of a permanent monument sign. Changeable sign copy may only be non-illuminated or internally illuminated. |
 | |
Monument Sign Standards for IL, IH, and RC Zones | |
Sign Area | As provided in Table 3.05.05-2. |
Sign Height | As provided in Table 3.05.05-2. Elements to enhance the design of a sign structure may extend above the sign to a max. of 10% of the sign's allowed height, or 2 ft, whichever is greater. |
Base Width/Height | The monument sign's base must be the same width as the width of the sign. The monument sign's base must be minimum 4 ft in height. |
 | |
5.
Post Signs.
Post signs must comply with the standards provided in Table 3.05.05-18 (Standards for Post Signs).
TABLE 3.05.05-18: Standards for Post Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Sign Area | As provided in Table 3.05.05-2. |
Sign Height | Max. 6 ft. Elements to enhance the design of a sign structure may extend above the sign to a max. of 20% of the sign's allowed height, or 12 inches, whichever is greater. |
Sign Placement | Max. 10 ft setback from the property line. |
Number of Signs | Max. 1 per property frontage. |
Illumination | Non-illuminated, internal illumination, or external illumination. |
Other Requirements | Post signs shall be located in a landscaping area defined by a vertical curb to protect the sign. Lack of landscaping associated with a legal non-conforming use shall not be cause for abatement. Refer to the landscaping standards in Table 3.05.05-2. |
 | |
§ 3.05.06 Sign Design Standards.
[9-21-2022 by Ord. 1782]
A.
Applicability.
The standards established in this Section apply to all permanent signs. These standards complement the mandatory sign regulations established in Section 3.05.05 (Standards for Permanent Signs).
B.
General Sign Design Standards.
These general sign design standards will be utilized during the review of any permit for a sign or master sign plan to ensure the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the sign designer. However, unless there is a compelling reason, these design standards must be observed.
1.
Use a Brief Message.
Signs must be designed with a brief message because the fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner, is more effective in conveying its message, and is more attractive.
2.
Avoid Overly Intricate or Unusual Fonts.
Simple, easy-to-read fonts must be utilized in signs to enhance their readability. Signs that include very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively. Signs with unusual fonts may look good today, but soon go out of style, and the image conveyed may quickly become that of a dated and unfashionable business.
FIGURE 3.05.06-1. Examples of Signs with a Brief Message and Simple Font Style | |
 |  |
3.
Emphasize One Line of Text.
Signs with more than one line of text must emphasize one line over the others to enhance the message conveyed.
4.
Limit the Number of Fonts.
The number of fonts used in a sign must be limited because the use of more than two font styles makes the sign harder to read. The primary purpose of a sign is to quickly convey information to motorists and pedestrians.
5.
Sign Colors and Materials.
Sign colors and materials must contribute to sign legibility and design integrity. Signs with poor color selection are generally unattractive and unsuccessful at communicating the message. Too many different colors compete with the sign's content for a viewer's attention and makes the sign less effective. Sign materials must be durable and weather resistant.
6.
Provide Contrast Between Background and Letters/Symbols.
Signs must be designed with high contrast between the sign's letter/symbol color and its background color to be most effective. Signs with little contrast in the hue (shade or tint) and/or intensity (brightness) between the background and letter/symbol colors are difficult to read.
FIGURE 3.05.06-2. Examples of Signs with a Simple Color Palette, Limited Fonts, and Good Contrast | ||
 |  | |
 |  |  |
7.
Graphic Relief.
Signs must utilize individual lettered business and logo design, or where appropriate, sign copy, logo, and/or decorative embellishments in relief on the face of the sign to enhance readability and project a positive image of the business or use. Signs must be designed to provide three-dimensional relief, i.e., be raised above, or set below the sign background.
FIGURE 3.05.06-3. Examples of Raised Letters | |
 |  |
8.
Sign Placement.
Signs must be placed at or near the entrance of a site or building to show the most direct access to the business.
FIGURE 3.05.06-4. Example of Well-placed Sign Emphasizing a Building Entrance  |
9.
Proportion, Scale and Rhythm of Sign Placement.
Signs must be placed consistent with the proportions and scale of building elements within a building's facade:
a.
A large sign may fit well on a large, plain wall area, but could overpower the finer scale and proportion of if placed above a small storefront.
b.
Signs must establish rhythm, scale, and proportion on a facade where these elements are weak in the building design. On buildings with plain facade, signs must establish or continue appropriate design rhythm, proportion, and scale.
c.
The proportion of letter area to sign background area must be carefully considered. Letters must not appear to occupy more than 70 percent of the sign's background area. Signs where the letters take up too much of the background area are harder to read. Generally, large letters are not necessarily more legible than smaller ones.
FIGURE 3.05.06-5. Examples of Signs with Good Proportion, Scale, and Rhythm  |
10.
Complementary Sign Design.
Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs must be designed to ensure consistency of sign design and be complementary to one another in the following ways:
a.
Type of construction materials used in the sign body, sign copy, sign base, supports, etc.);
b.
Letter size and style of copy;
c.
Method and design of sign support (wall mounting or monument base);
d.
Configuration of sign area; and
e.
Proportion of sign copy area to background.
11.
Artistry and Innovation.
The use of artistry and innovation in sign design will make the sign stand out and draw attention to the use or activity it is advertising. It can also improve the overall appearance of a building or neighborhood.
12.
Sign Scale.
Signs must be designed and placed relative to who the intended viewer will be. Signs intended to be read by pedestrians (i.e., usually read from a distance of 15 to 20 feet) must be smaller in scale than a vehicle-oriented sign which is designed to be viewed from a much greater distance. In general, the closer the sign's viewing distance, the smaller the sign needs to be.
13.
Freestanding Signs.
Freestanding signs must incorporate the materials and architectural features used in the building(s) they serve. Freestanding signs are most effective when placed perpendicular to approaching vehicular traffic.
FIGURE 3.05.06-6. Example of a Freestanding Sign Incorporating the Architectural Details of the Main Building  |
C.
Sign Design Performance Standards.
1.
Sign Design Elements.
Increases in the allowable area and/or height of certain types of signs may be approved to encourage permanent signs with design features that are preferred by the City and the community at large. The design features detailed below apply to both freestanding and building mounted signs subject to the limitations in Subsection 2 (Cumulative Adjustment) below.
a.
Raised Letter Signs.
This standard encourages the use of individual lettered business and logo design, or where appropriate, signs containing copy, logo and/or decorative embellishments in relief on the face of the sign. Such improved sign design enhances the readability of sign copy and projects a positive image of the business or use. A sign area and/or height increase as established in Table 3.05.06-1 (Percentage Increases for Design Features Used) may be approved for sign designs that display either:
i.
Pan channel letters without raceways, or internal/indirect illuminated halo channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall; or
ii.
Where appropriate, carved signs with a three-dimensional textured surface that is integral to its design, such as extensively carved, routed, and/or sandblasted signs containing the business name and/or logo.
FIGURE 3.05.06-7. Examples of Pan Channel Letter and Raised Letter Signs | |
 |  |
b.
Simplified Letter and/or Logo Copy.
The purpose of this standard is to encourage easily recognizable business identification while simplifying the appearance of the city streetscape. A sign area and/or height increase as established in Table 3.05.06-1 (Percentage Increases for Design Features Used) may be approved for the sign standard.
FIGURE 3.05.06-8. Example of A Sign with a Simplified Logo  |
c.
Sign Structure Materials.
This standard encourages the use of native or natural materials in the construction of sign structures, resulting in improved and innovative sign design and an improved image of the business or development to which it refers. A sign area and/or height increase as established in Table 3.05.06-1 (Percentage Increases for Design Features Used) may be approved for the sign designs in which a minimum of 75 percent of the sign structure and face are constructed of native or natural materials, including rock native to the area, flagstone, river rock, hardwoods or softwoods, durable wood substitute materials, used brick, and/or unpainted or unfinished non-reflective metals. A sign area or height increase as provided in Table 3.05.06-1 (Percentage Increases for Design Features Used) does not apply if the sign structure includes a cabinet sign or electronic message sign.
d.
Sign Structure Which Blends with the Development Site.
This standard encourages the incorporation of a sign and sign structure into a major element of a building facade or significant landscape feature, resulting in the creation of a unique image for the development or premises on which it is located. A sign area and/or height increase as established in Table 3.05.06-1 (Percentage Increases for Design Features Used) may be approved for the sign designs that integrate major architectural elements or details of the development site into the building facade for a building mounted sign, or the support structure for a freestanding sign.
e.
Freestanding Signs of Reduced Height.
This standard encourages the reduction of overall height for freestanding signs as established in the standards for permanent freestanding signs in Section 3.05.05 (Standards for Permanent Signs), while maintaining sign and site compatibility and improving the image of the business or development. See Table 3.05.06-1 (Percentage Increases for Design Features Used) for percentage increases allowed.
TABLE 3.05.06-1: Percentage Increases for Design Features Used | ||||
|---|---|---|---|---|
Design Feature | Freestanding Sign | Building-Mounted Sign | ||
Area Increase | Height Increase | Area Increase | Height Increase | |
Single-Tenant Use | ||||
Raised Letter without Raceways | 15% | 10% | 10% | 5% |
Simplified Letter and/or Logo Copy | 15% | 10% | 10%1 | 5% |
Sign Structure Materials | 15% | 10% | 5% | |
Sign Structure which Blends with Development Site | 15% | 10% | 5% | |
Freestanding Signs of Reduced Height | 15% area increase for each 1 foot in height reduction | N/A | ||
Multi-Tenant Use | ||||
Raised Letter without Raceways | 15% | 10% | 10% | 5% |
Simplified Letter and/or Logo Copy2 | 15% | 20% | N/A | |
Sign Structure Materials | 15% | 15% | 10% | 5% |
Sign Structure which Blends with Development Site | 15% | 15% | 10% | 5% |
Freestanding Signs of Reduced Height | N/A | |||
End Notes: | |
|---|---|
1. | Also applies to individual occupancy within a multi-tenant building, development, or shopping center. |
2. | Applies to multi-tenant building, development, or shopping center. |
2.
Cumulative Adjustments.
Where more than one feature listed in Subsection 1 is proposed, the adjustment allowed for each individual feature is cumulative. Such sign area and/or height adjustment is measured and based upon the permitted sign area and height for the applicable site as determined in Section 3.05.05 (Standards for Permanent Signs). Cumulative adjustments for sign area and sign height for freestanding and building mounted signs are provided in Table 3.05.06-2 (Cumulative Adjustments).
TABLE 3.05.06-2: Cumulative Adjustments | ||||
|---|---|---|---|---|
Number of Features Used | Freestanding Sign | Building-Mounted Sign | ||
Area | Height | Area | Height | |
2 | 30% | 20-30%1 | 20% | 10% |
3 | 40% | 35-40% | 30% | 20% |
Cumulative Maximum Sign Area Increase Allowed | 45% | 45% | 45% | 30% |
End Note: | |
|---|---|
1. | This percentage varies depending on which design features listed in Table 3.05.06-1 are utilized. |
§ 3.05.07 Standards for Portable and Temporary Signs.
[9-21-2022 by Ord. 1782]
A.
Purpose.
The Council finds that the proliferation of portable and temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public's health, safety, and welfare. In addition to the purpose provisions of Section 3.05.01 (General Provisions), these regulations ensure that portable and temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by these signs.
B.
General to All.
Portable and temporary signs are allowed only in compliance with the provisions of this Section.
1.
Permits.
a.
Portable Signs.
No permits are required to place or display portable signs.
b.
Temporary Signs.
A Temporary Sign Permit is required for all temporary signs (i.e., banner signs and yard sign type II and type III signs) as described in Section 3.05.09C (Sign Permits — Temporary Signs).
2.
Not Included in Permanent Sign Allowances.
Portable and temporary signs are not counted toward the maximum total sign area established in Section 3.05.05 (Standards for Permanent Signs).
3.
General Time, Place, and Manner Restrictions.
a.
Time Restrictions.
i.
Portable signs. Refer to Table 3.05.07-1 (Standards for Portable Signs) for the time restrictions for portable signs.
ii.
Temporary signs. Refer to Table 3.05.07-3 (Standards for Temporary Signs) for the time restrictions for temporary signs.
b.
Location Restrictions.
Unless specifically exempted by this Section, portable and temporary signs must be placed in compliance with Section 3.05.03A (Location Restrictions).
c.
Prohibited Elements.
Any form of illumination is prohibited on portable and temporary signs, including flashing, blinking, or rotating lights; animation; reflective materials; and attachments including balloons, ribbons, loudspeakers, etc. are prohibited.
d.
Design and Construction.
Portable and temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, etc. and must be professionally crafted.
e.
Removal.
All portable and temporary signs must be removed within 14 calendar days after the conclusion of the purpose served by the sign.
C.
Additional Standards for Portable Signs.
1.
Portable signs are allowed in compliance with the provisions in Table 3.05.07-1 (Standards for Portable Signs).
TABLE 3.05.07-1: Standards for Portable Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Residential Only Zones or Residential Only Portion of Mixed-Use Zones | |
Total Area of all Portable Signs at Any One Time | Max. 6 sf per lot or parcel |
Number of Signs | Unlimited except that the total sign area must not exceed 6 sf. |
Time Limitations | No limitation on the length of time they may be displayed. 2 additional yard sign type 1 signs may be displayed for any consecutive 120-day period one time within the calendar year. |
All Other Zones | |
Total Area of All Portable Signs at Any One Time | Max. 9 sf per business. Excludes the area of window signs. |
Number of Signs | Unlimited except that the total sign area of all temporary signs (excludes the area of window signs) must not exceed 9 sf per business. |
Time Limitations | No limitation on the length of time they may be displayed. 2 additional yard sign type 1 signs per business may be displayed for any consecutive 120-day period one time within the calendar year. |
2.
Standards for Specific Portable Sign Types.
Portable signs must comply with the standards provided in Table 3.05.07-2 (Standards for Specific Portable Sign Types).
TABLE 3.05.07-2: Standards for Specific Portable Sign Types | ||||
|---|---|---|---|---|
Portable Sign Type | Standards | Other Requirements | ||
Portable Sign Type1 | Height (Max.) | Width (Max.) | Area (Max.) | |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | ||||
A-Frame or Upright Sign  | 4 ft | 2 ft | 6 sf | Prohibited in residential zones. If advertising a business, only permitted during regular business hours. |
Window Sign  | — | — | See End Note2 | Max. Height: Placed no higher than first story windows. Inside mounting required. Not included in the total sign area for all portable signs. |
Yard Sign Type I  | 4 ft | 2 ft | 3 sf | Installation Requirement: Installed securely in the ground. |
End Notes: | |
|---|---|
1. | Other non-permanent sign types may be allowed (e.g., fuel pump topper signs, wraps around waste receptacles, or balloon bobbers (max. height of tether or support is 3 ft) provided the aggregate sign area of these signs is max 20 sf. |
2. | The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed 40% of the area of the window on or within which they are displayed. |
D.
Sign Walkers.
To promote pedestrian and traffic safety, sign walkers are subject to the following time, place, and manner restrictions:
1.
A sign permit is not required for a sign walker;
2.
Sign walkers are only allowed in the commercial and industrial zones and commercial planned development zones;
3.
Sign walkers are permitted to stand on a sidewalk provided pedestrian movement is unimpeded in conformance with applicable provisions of the Americans with Disabilities Act (ADA);
4.
Sign walkers are prohibited from standing in the median of streets, in travel lanes, landscaped areas, curb ramps at crosswalks, and unimproved rights-of-way areas. Sign walkers may not interfere with traffic or block pedestrians or bicyclists;
5.
A business is only allowed to use a sign walker for up to 10 consecutive days in any 30-day period and there must be at least a 20-day period before the commencing of another 10-day period;
6.
Sign walkers are permitted only from 8:00 am to 8:00 pm;
7.
Sign walker signs must not exceed 10 square feet in the area;
8.
Sign walker signs that include any of the following are prohibited:
a.
Audio devices to attract attention;
b.
Any form of illumination, including flashing, blinking, or rotating lights; and
c.
Animation on the sign itself.
9.
Spinning, waving, throwing the sign in the air, or any other similar erratic movements intended to attract attention is prohibited; and
10.
No shade structure, chair, or other sitting device is permitted for a sign walker.
E.
Additional Standards for Temporary Signs.
1.
Temporary signs are allowed in compliance with the provisions in Table 3.05.07-3 (Standards for Temporary Signs).
TABLE 3.05.07-3: Standards for Temporary Signs | |
|---|---|
Standards | Requirements |
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | |
Residential Zones or Residential Only Portion of Mixed-Use Zones | |
Number of Signs | Yard sign type II and type III: Max. 1 sign per street frontage. Banner sign: Prohibited, except as provided below. |
Time Limitations | Yard sign type II and type III: No limitation on the length of time they may be displayed. Banner sign: 1 banner sign max. 8 sf in area may be displayed for any consecutive 120-day period one time within the calendar year. |
All Other Zones | |
Number of Signs | Yard sign type II and type III: Max. 1 sign per street frontage. Banner sign: Max. 1 banner per business. |
Time Limitations | Yard sign type II and type III: No limitation on the length of time they may be displayed. Banner sign: 1 additional banner sign (or up to 4 banners, max. 8 sf each) per lot or parcel may be displayed for any consecutive 120-day period one time within the calendar year. |
2.
Standards for Specific Temporary Sign Types.
Temporary signs must comply with the standards provided in Table 3.05.07-4 (Standards for Specific Temporary Sign Types).
TABLE 3.05.07-4: Standards for Specific Temporary Sign Types | ||||
|---|---|---|---|---|
Temporary Sign Type1 | Standards | Other Requirements | ||
Height (Max.) | Width (Max.) | Area (Max.) | ||
"ft" = Feet; "lf" = Linear Feet; and "sf" = Square Feet | ||||
Banner Sign  | 25 ft to top of banner. | — | 32 sf | Prohibited in single-family residential zones except as allowed in Table 3.05.07-3. Must be mounted on a building wall or between columns, posts, or stakes anchored securely into the ground. |
Yard Sign Type II  | 6 ft | 2 ft | 4 sf | Installation Requirement: Installed securely in the ground. |
Yard Sign Type III  | 7 ft | 6 ft | 24 sf | Prohibited in single-family residential zones. Installation Requirement: Installed securely in the ground. |
3.
Temporary Model Home Complex/Active Residential Subdivision Signs.
Temporary model home complex/active residential subdivision signs are allowed as a condition of the subdivision approval in all residential zones and for residential developments in the mixed-use zones. These signs must comply with the standards provided in Table 3.05.07-5 (Standards for Temporary Model Home Complex/Active Residential Subdivision Signs in All Residential Zones).
TABLE 3.05.07-5: Standards for Temporary Model Home Complex/Active Residential Subdivision Signs in All Residential Zones | |
|---|---|
Sign Type | Maximum Number of Signs |
Banner1 2 | 1 per boundary street frontage of the model home complex/active residential subdivision |
Yard Sign Type I1 2 | 1 per lot or dwelling 1 per boundary street frontage of the model home complex/active residential subdivision |
Yard Sign Type II1 2 | 1 per lot or dwelling |
Yard Sign Type III1 2 | 1 per boundary street frontage of the model home complex/active residential subdivision |
Additional Standards for Temporary Model Home Complex/Active Residential Subdivision Signs: | |
1. | All temporary model home complex/active residential subdivision signs must be removed upon the conversion of the model home(s) to a residential use and must be removed upon the close of escrow of the last lot in the subdivision or upon cessation of use, whichever comes first. |
2. | Any temporary model home complex/active residential subdivision signs placed in public right-of-way requires approval of an Encroachment Permit. |
§ 3.05.08 Nonconforming Signs.
[9-21-2022 by Ord. 1782]
A.
Purpose.
This Section establishes regulations for non-conforming signs that were lawful before the adoption or amendment of this Chapter, but which would be prohibited, regulated, or restricted differently in compliance with the current regulations. These provisions provide for the orderly termination of non-conforming signs to promote the public health, safety, and general welfare, and to bring non-conforming signs into conformity with the goals and policies of the City's adopted General Plan. In recognition of these declarations, it is the intent of this Chapter to:
1.
Prevent the expansion of non-conforming signs to the maximum extent feasible;
2.
Establish criteria under which non-conforming signs may be continued or expanded; and
3.
Provide for the correction or removal of non-conforming signs in an equitable, reasonable, and timely manner.
B.
Applicability.
Nonconforming signs may be maintained, expanded upon, and/or abated only in accordance with the provisions of this Section. In no event will the degree of nonconformity of any sign or type of signage on any lot be increased. Illegal signs, such as signs installed without a required building permit, are not considered to be non-conforming signs.
C.
Signs Rendered Nonconforming.
Any sign which becomes non-conforming subsequent to the Effective Date of this ordinance either by reason of the annexation to the City of the territory upon which the sign is located, or the amendment of this Chapter to render a sign non-conforming, shall also be subject to the provisions of this Section.
D.
Modification and Maintenance.
1.
No non-conforming sign shall be altered in any manner, reconstructed, or moved without being made to comply in all respects with the provisions of this Chapter. Nothing in this Section shall prohibit the normal upkeep or repair of any sign, nor the painting or repainting of the face of the sign, during its lawful existence.
2.
Nonconforming signs are required to be maintained in good condition in compliance with Section 3.05.04 (General Requirements for All Signs). Maintenance of legal non-conforming signs shall be consistent with applicable California law. Nothing in this Chapter shall affect existing property or the right to its continued use for the purpose used at the time this Chapter takes effect, nor to make any reasonable repairs or alterations.
3.
A legal non-conforming sign that has been damaged to the extent of more than 50 percent of the appraised value of the sign structure or is temporarily or permanently removed by any means, including "an act of God," shall be removed or rebuilt, repaired, or replaced only in compliance with the provisions of this Chapter if an application for a Sign Permit to re-erect the sign is made within 6-months of its destruction.
E.
Signs Previously Approved.
Any sign erected and installed pursuant to a permit lawfully issued by the City prior to the Effective Date of this ordinance shall be treated as a conforming sign. All signs determined to be conforming signs may be continued, maintained, and repaired so long as the sign is not structurally altered or expanded.
F.
Removal or Replacement of a Nonconforming Sign.
Removal of a non-conforming sign, or replacement of a non-conforming sign with a conforming sign, is required when:
1.
A building is renovated and the cost of the renovation is 50 percent of more of the value of the building as determined by the Building Official or the building is demolished and rebuilt; or
2.
The use of the sign and/or the property on which the sign is located has been abandoned, ceased operations, become vacant, or been unoccupied for a period of 90 consecutive days or more as long as the period of non-use is attributable at least in part to the property owner, tenant, or other person or entity in control of the use. For purposes of this Section, rental payments or lease payments and taxes shall not be considered as a continued use. In the event this should occur, such conditions will be considered as evidence of abandonment, requiring removal of the sign by the owner of the property, his/her agent, or person having the beneficial use of the property, building or structure upon which such sign or sign structure is erected within 30 days after written notification from the Community Development Director. If, within the 30-day period, such sign(s) is (are) not removed, enforcement action shall be pursued.
G.
Incentive for Replacement of a Nonconforming Freestanding Sign.
1.
As an incentive for the replacement of a non-conforming freestanding sign with a new sign that is in closer conformance with the area and height standards for freestanding signs of Section 3.05.05D (Standards for Permanent Freestanding Signs), a new freestanding sign may be approved and erected that is reduced in height and area by 10 percent of the existing non-conforming sign, or the area and height standards for freestanding signs established in Section 3.05.05D (Standards for Permanent Freestanding Signs), whichever is larger. The replacement freestanding sign must be a type authorized in Section 3.05.05D.
2.
The new replacement sign shall be located in the same place as the former non-conforming sign, unless it would be located in a corner cut-off area or similar location where freestanding signs are prohibited (refer to Section 3.05.04A), in which case it may be placed as close as possible to its original location and still satisfy the requirements of this Chapter. Any non-conforming sign modified in accordance with the provisions of this Section will still be considered a non-conforming sign until full compliance with the area and height standards of Section 3.05.05 (Standards for Permanent Signs) has been achieved.
H.
Abatement.
Abatement of non-conforming signs shall be accomplished in the following manner:
1.
Signs painted on buildings, walls, and fences shall be painted over in such a manner that the sign is no longer visible. The new painting shall be applied so that the sign area blends with and is compatible with the color scheme of the building.
2.
All other signs not otherwise specified by this Section shall be removed or altered to cause it to conform with the provisions of this Title.
I.
Maintenance.
1.
Nonconforming signs are required to be maintained in good condition in compliance with the sign maintenance provisions of Section 3.05.04 (General Requirements for All Signs). Maintenance of legal non-conforming signs shall be consistent with applicable California law. Nothing in this Chapter affects an existing sign or the right to its continued use for the purpose used at the time this Chapter takes effect, nor the right to make any reasonable repairs or alterations within the existing sign envelope.
2.
A legal non-conforming sign that has been damaged to the extent of more than 50 percent of the appraised value of the sign structure or is temporarily or permanently removed by any means, including "an act of God," shall be removed or rebuilt, repaired, or replaced only in compliance with the provisions of this Chapter.
J.
Amortization of Nonconforming Signs and Inventory.
1.
All non-conforming signs, except as described in Subsections 2 and 3 below, shall have a useful and legal life of 15 years from the Effective Date.
2.
All non-conforming freeway-oriented signs shall have a useful and legal life of 25 years from the Effective Date.
3.
All non-conforming billboards located within the City limits and not within Interstate 10 corridor shall have a useful and legal life of 7 years from the Effective Date.
4.
After the time frames described in Subsection 1 through 3 above, non-conforming freeway-oriented signs and billboards may be removed in compliance with the requirements of the California Business and Professions Code. As often as may be desirable, but no less frequently than required by State law, the Director shall authorize an identification and inventory of all illegal and abandoned signs within the City in compliance with the requirements of State law.
§ 3.05.09 Sign Permits and Procedures.
[9-21-2022 by Ord. 1782]
A.
Purpose.
1.
Review Authority.
a.
It is the duty of the Department to enforce all permitting and entitlement provisions of this Chapter. The Director has the authority under this chapter to designate a representative of the Department to implement the provisions herein.
b.
All department officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate, or license for uses in conflict with the provisions of this chapter. It shall be the duty of the Director and the Fire Department to enforce the provisions of this Chapter.
2.
Applications and Fees.
a.
Application for a Sign Permit shall be made upon a form provided by the City and shall contain such information as may be required to assure compliance with this chapter of the code. If the applicant does not agree with the decision made, an appeal process is available under Special Review to the Planning Commission.
b.
The application fee for Sign Permits shall be fixed from time to time by City resolution. The fee shall be doubled when the installation of a sign is commenced before obtaining a Sign Permit.
3.
Identification.
Every sign erected, altered, or relocated must include the following information where it is readily visible: the date of erection or installation, the date of alteration, the Sign Permit number, and the voltage of any internal electrical components, as well as the Underwriter's Laboratory approval stamp in a conspicuous place.
B.
Sign Permits — Permanent Signs.
1.
Purpose.
This section establishes the permitting requirements for permanent sign structures as described in Chapter 3.05 (Sign Regulations) to ensure compliance with the applicable provisions of this Code.
2.
Sign Permit Requirement.
a.
Where a Sign Permit is required by this Chapter, it shall be unlawful for any person to erect, place, display, alter, repair, or relocate a permanent sign structure without first obtaining approval for a Permanent Sign Permit from the Director.
b.
A sign permit is not required for the following;
i.
Exempt signs per Section 3.05.01D (Exemptions);
ii.
Changes to the face or copy of changeable signs;
iii.
Changes to the face or copy of an existing single-tenant or multi-tenant freestanding or building mounted sign from one business to another with no structural or lighting modifications to the sign; and
iv.
The normal repair and maintenance of conforming or legal non-conforming signs, except as provided in Section 3.05.04E (Sign Maintenance).
3.
Review and Approval.
a.
Review and Determination.
The Director shall review the Sign Permit application and supporting documentation for compliance with the standards of Chapter 3.05 (Sign Regulations). The Director shall determine whether the Sign Permit may be issued or if additional information is required from the applicant to complete the permit application in compliance with the Review Schedule on file with the Department. If the Sign Permit application is denied, the reason shall be stated in writing.
b.
Method of Review.
After receipt of a sign application, the Director shall render a decision to approve, approve with modifications, or deny the sign request within seven working days. Such review will ensure that any sign proposal is in conformance with this chapter and is consistent with the City's objectives or as stated in a design agreement. The Director may grant slight deviations from the designated sign area or location or distance between signs, not to exceed 10 percent, when he or she determines no other reasonable method of signing is functional.
c.
Substitution.
Any time after a Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations they would have had consistent with the original permit.
d.
Expiration.
A Sign Permit shall expire and become null and void if the work authorized in compliance with the permit is not commenced within 180 days from the date of issuance of such permit, or if work is suspended or abandoned for a period 90 days or more at any time after the work has commenced. If a Sign Permit has not been obtained within 180 days after the approval of permit plans and issuance of the permit, the Director shall consider the application withdrawn.
e.
Inspections.
All signs for which a Sign Permit is required are subject to inspection to establish compliance with the provisions of Chapter 3.05 (Sign Regulations), as well as the following additional inspections, unless waived in writing by the Building Official:
i.
Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;
ii.
Electrical inspections for all sign structure(s) prior to placement; and
iii.
Final inspection to establish compliance with provisions of this Code and other applicable City codes.
f.
Violations.
i.
Any work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit constitutes a violation of this Chapter and is grounds for the Director to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained.
ii.
Permits issued for work commenced without a Sign Permit, or any work beyond the authorized scope of a Sign Permit, shall be assessed double the required permit fees for the sign(s) otherwise as established in the City's Fee Schedule. Payment of a double permit fee shall not exempt any person from compliance with all other provisions of Chapter 3.05 (Sign Regulations), nor from any penalty prescribed by law.
C.
Sign Permits — Temporary Signs.
1.
Purpose.
This Section establishes the permitting requirements for temporary signs to ensure compliance with the applicable provisions of this Code.
2.
Temporary Sign Permit Requirement.
It is unlawful for any person to erect, place, display, alter, or relocate a temporary banner sign, yard sign type II sign, or yard sign type III sign without first obtaining approval for a Temporary Sign Permit from the Director.
3.
Duration of Temporary Sign Permit.
The duration of a Temporary Sign Permit for temporary signs is established in Table 3.05.07-3 (Standards for Temporary Signs).
4.
Review and Approval.
a.
Review.
The Director shall review the Temporary Sign Permit application and supporting documentation for compliance with the standards of Section 3.05.07 (Standards for Portable and Temporary Signs).
b.
Determination.
The Director shall determine whether the Temporary Sign Permit may be issued or if additional information is required from the applicant to complete the permit application in compliance with the Review Schedule on file with the Department. If the Temporary Sign Permit application is denied, the reason shall be stated in writing.
c.
Authorization.
Issuance of a Temporary Sign Permit authorizes the holder to install a temporary sign(s) in compliance with the terms of the permit. At any time after a Temporary Sign Permit is issued, a new owner, tenant, or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations he or she would have had in compliance with the original permit. The change of interest shall not imply that any fees paid for the permit will be returned to either the interest which has been replaced or the substitute.
5.
Inspections.
All temporary signs for which a Temporary Sign Permit is required are subject to inspection to establish compliance with the provisions of Section 3.05.07 (Standards for Portable and Temporary Signs) and any other applicable City codes.
6.
Violations.
Any temporary sign installed or displayed without a Temporary Sign Permit is in violation of this Section and is grounds for the Director to issue a correction notice and/or to cause removal of the temporary sign until appropriate permits are obtained.
D.
Sign Permits — Master Sign Plans.
1.
Purpose.
The purpose of this Section is to provide a process to respond to special signage needs for proposed or existing multi-family residential and non-residential uses, as well as to provide sign design incentives that promote superior sign design, materials, and methods of installation. Master Sign Plan provides mixed-use, non-residential, and multi-family residential uses with flexibility to develop innovative, creative, and effective signage and to improve the aesthetics of the City. This plan also provides an alternative to minimum standard signage subject to sign design performance standards.
2.
Applicability.
Master Sign Plan apply to proposed or existing mixed-use, non-residential, and multi-family residential uses as follows:
a.
Master Sign Plan is required for:
i.
All proposed multi-tenant, or multi-story non-residential developments including mixed-use developments, and multi-family residential uses; and
ii.
Existing mixed-use and non-residential multi-tenant uses, when:
a)
A building addition and/or an increase of use is proposed in terms of gross floor area, seating capacity, or other units of measurement indicating an intensification of use of 25 percent or more; or
b)
An exterior structural remodeling of the building facade is proposed which affects signage.
b.
A Master Sign Plan may voluntarily be developed and maintained by the owner, applicant, or representative of any new or existing mixed-use, non-residential, and multi-family residential use, when the owner, applicant or representative seeks allowed adjustments under Section 3.05.06 (Sign Design Standards). Any adjustments authorized under a Master Sign Plan using the Sign Design Performance Standards apply to all building mounted signs and freestanding signs within the boundaries of the subject site.
3.
Review.
a.
Applications for a Master Sign Plan, including a Master Sign Plan that utilizes the sign design performance standards provided in Section 3.05.06 (Sign Design Standards), shall be reviewed by the Director.
b.
At a minimum, all Master Sign Plans shall include the type, number, size, location/placement, and general design parameters of all permanent building mounted and freestanding signs. Modifications to any uniform sign program shall be made in the same manner as the original approval. All Master Sign Plan submittals shall be reviewed for compliance with the requirements of this Section, and the Director shall either approve, conditionally approve, or deny the proposed Master Sign Plan. Following approval by the Director, a copy of the approved Master Sign Plan will be made available to the applicant. Individual signs for multi-tenant developments included within the approved Master Sign Plan are subject to the issuance of separate Sign Permits in compliance with this Chapter.
c.
The Planning Commission shall review all Master Sign Plans that request an increase in allowable sign height and area beyond the limits established in Section 3.05.06 (Sign Design Standards) for freestanding and building mounted signs for multi-tenant buildings and shopping centers.
4.
Supplemental Provisions.
a.
Modifications to an approved Master Sign Plan shall be reviewed by the Director.
b.
No sign identified in this Section may be placed upon real property without the consent of the real property owner(s), who shall either sign and submit the application for a Master Sign Plan or designate in writing an authorized representative.
c.
A Master Sign Plan may be implemented in phases.
5.
Submittal Requirements.
A complete application for Master Sign Plan review and approval is required following, or in conjunction with, the approval of the required site plan for the development, and prior to issuance of a building permit. An application for Master Sign Plan review shall be submitted on a form prescribed by the City in compliance with Subsection A.2 (Application and Fees). The application shall be signed by the property owner(s), and/or their authorized agent(s), if appropriate.
6.
Individual Signs Authorized by an Approved Master Sign Plan.
Sign Permits, which must be obtained in compliance with Subsection B (Sign Permits - Permanent Signs), are required for individual signs authorized by an approved Master Sign Plan, provided:
a.
The signs comply with all applicable conditions of the approved Master Sign Plan;
b.
Sign Permit applications are submitted within a time period specified as part of the conditions of the content or review of the Master Sign Plan, where applicable; and
c.
Sign Permit applications are submitted prior to any subsequent amendment to this Chapter which is more restrictive than provisions existing when the Master Sign Plan was approved.
§ 3.05.10 Sign Enforcement.
[9-21-2022 by Ord. 1782]
A.
Authority.
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, display, maintain, or use a sign within the city contrary to, or in violation of, any provision of this Chapter.
B.
Abatement.
Any sign located on any public right-of-way or public property or on any utility pole or streetlight in violation of this Chapter or located on private property without the permission of the property owner, may be removed by the Director. The signs will be held for 10 days by the City prior to destruction. If the name and address of the person responsible for the sign can be reasonably ascertained, the City shall provide at least seven days written notice by first class mail to the sign owner stating the location of the signs, the fact they will be destroyed, and the cost for recovering the signs.
1.
Agency Relationship.
Persons posting signs within the City are responsible for knowing the City's sign regulations. Any person posting signs is deemed the agent of any other person or directed the manufacture or posting of the signs. These persons shall be individually and severally liable to the City for the costs of abatement of any illegal signs, as well as criminally liable for violations of this Chapter.
2.
Costs.
The fees to be charged for the removal and storage of non-conforming signs shall be established by resolution of the City Council in the City's fee schedule and shall not exceed the City's estimated reasonable cost for the removal and storage of the signs. The Director shall review such fees as appropriate and recommend any necessary adjustments to the City Council.
§ 3.05.11 Variance.
[9-21-2022 by Ord. 1782]
The requirements of this Section shall be enforced in compliance with the variance provisions of Section 6.04.06 (Administrative Variances and Variances).
§ 3.05.12 Severability.
[9-21-2022 by Ord. 1782]
If any Section, sentence, clause, phrase, word, portion or provision of the Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other Section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid provision. The invalidation of the application of any Section, sentence, clause, phrase, word, portion, or provision of this Chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such Section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.
§ 3.06.01 General Provisions.
[9-21-2022 by Ord. 1782]
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A.
Purpose.
The City Council finds and declares:
1.
This chapter may be known and cited as the Indio Art in Public Places Program. The city has developed a nationwide reputation through the annual International Tamale Festival, mural program, and other artistic events, that attract thousands of visitors every year to the city. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high-quality public art.
2.
A stated goal of the General Plan is to provide a high quality of life and strong community identity enhanced by rich arts and culture programs. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the city.
3.
Residential and commercial development throughout the city will benefit from public art, both financially and visually. All property within the city will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the city. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement.
4.
Establishment of the Art in Public Places Program will promote the general welfare through balancing the community's physical growth with revitalization and its cultural and artistic resources.
B.
Art in Public Places Program Established.
The Art in Public Places Program is hereby established, which shall be applicable to public, residential, non-residential development. Each development subject to the program shall allocate a percentage of the costs of the development towards the placement of artwork within the development or elsewhere in the city, provided that a developer may pay a fee in lieu thereof. The allocation percentage is established in Subsection D (Program Allocation).
C.
Art in Public Places Fund.
1.
There is hereby created a fund to be known as the "Art Fund" to account for fees paid pursuant to Subsection D (Program Allocation). This fund shall be maintained by the City Finance Director and shall be used:
a.
For the design acquisition, commission, installation, improvement, maintenance and insurance of an artwork, including the development of a design concept and the preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of the artwork;
b.
For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City;
c.
During a fiscal year, for maintenance of artwork purchased pursuant to Subsection 1.a above;
d.
For costs associated with administering the Art in Public Places Program.
2.
If real property purchased with monies from the Art Fund is subsequently sold, the proceeds from the sale shall be returned to the Art Fund.
D.
Program Allocation.
1.
The Program Allocation is the percentage of the construction costs set aside for the Art in Public Places Program. All residential construction of more than one unit, rehabilitation or expansion with a building permit valuation of $100,000 or more will be assessed an amount equal to 1/4 percent for that portion of the permit valuation in excess of $100,000.
a.
All other residential development, including two or more single-family dwellings being built concurrently in the same tract by the same owner or contractor, will be assessed an amount equal to 1/4 percent of the total building valuation, excluding land acquisition and of-street improvement costs.
b.
All public, non-residential development will be assessed an amount equal to 1/2 percent of the total building valuation, excluding land acquisition and off-site improvement costs.
c.
The total building valuation shall consist of the dollar amount of all construction permits using the latest building valuation data, as set forth by the International Code Council, unless, in the opinion of the Director, a different valuation methodology is more appropriate for a particular project.
2.
In lieu of placement or donation to the City of an approved artwork, the applicant may pay to the Art Fund an amount equal to the program allocation set forth in this Subsection. In lieu fees are due prior to the issuance of a building permit.
3.
Nothing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocation, provided that the applicant shall also pay to the Art Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.
E.
Authority to Adopt Guidelines.
The City Manager shall have the power and authority to promulgate guidelines for the implementation of the Art in Public Places Program, and when duly promulgated, such rules and regulations shall be in full force and effect.