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Indio City Zoning Code

ARTICLE 4

REGULATIONS FOR SPECIFIC USES

[1]
Editor's Note: Former Chapter 4.19, pertaining to Mini-Storage Warehousing or Facility and deriving from Ord. No. 1782, 10/22/2022 was deleted by Ord. No. 1814, 7/17/2024.

§ 4.01.01 General Provisions.

[9-21-2022 by Ord. 1782]
This Article provides site planning, development, and operating standards for certain land uses when allowed in accordance with Article 2 (Zone Regulations) and for activities that require special standards to ensure their compatibility with site features, existing uses, and surrounding uses. The standards in this Article supplement the development standards established in Article 2 (Zone Regulations). For land uses not discussed in the following Chapters, refer to Article 7 (Definitions).
The intent is to ensure that such developments do not have negative impacts on traffic, safety, air quality, and visual character of the area in which they are located.
Parking for all land uses shall be provided in accordance with Chapter 3.03 (Parking and Loading).
Signage for all land uses shall be provided in accordance with Chapter 3.05 (Sign Regulations).
Exterior lighting for all land uses shall be provided in accordance with Section 3.02.11 (Outdoor Lighting).
Fences, walls, and screening for all land uses shall be provided in accordance with Section 3.02.10 (Fences, Walls, and Screening).
As applicable, the provisions of Chapter 152 (Dust Control) shall apply.
Any decision of the Director may be appealed to the Planning Commission as prescribed in Section 6.03.13 (Appeals).
All distances shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the lot containing or proposed to contain the specific use listed in this Article to the nearest property line or zone enumerated in Article 2 (Zone Regulations).

§ 4.02.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
This Chapter provides the requirements for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) consistent with Government Code Sections 65852.2 and 65852.22. ADUs contribute needed housing to the community's housing stock and are a residential use which is consistent with the General Plan objectives and this Code and which enhances housing opportunities.
An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zone. These regulations are found in the land use regulation tables in Article 2 (Zone Regulations) and may be subject to specific standards found in this Chapter or within each zone, as specified in the tables. Unless otherwise specified, accessory uses and structures are also subject to the development and site regulations found in Chapter 3.02 (General Site Development Standards for All Zones). ADUs and JADUs are defined in Article 7 (Definitions).

§ 4.02.02 General Requirements.

[9-21-2022 by Ord. 1782]
ADUs shall comply with all provisions of the base, overlay, or specific plan zone, except as modified by this Chapter.
Primary Dwelling Unit Required.
The lot shall contain an existing residential dwelling at the time an application for an ADU is submitted, or the application for the ADU may be made in conjunction with the development of the primary dwelling.
Required Facilities.
An ADU shall contain a kitchen or an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets. An ADU shall contain bathroom facilities separate from the single-family dwelling, with the exception of JADUs, which may share bathroom facilities with the primary residence (see Section 4.02.05 (Junior Accessory Dwelling Units).
Access.
An ADU shall have independent exterior access and a separate address.
Utilities and Impact Fees.
ADUs shall be metered separately from the primary dwelling for gas, electricity, communications, water, and sewer services with the following exceptions:
ADUs constructed entirely within existing structures;
Statewide Exemption Accessory Dwelling Units (see Section 4.02.07 (Statewide Exemption Accessory Dwelling Units)), unless the ADU was constructed with a new single-family dwelling unit.
No JADU or ADU shall be permitted if it is determined that there is not adequate water or sewer service to the property.
No impact fees shall be imposed on a JADU or ADU that is less than 750 square feet in size. For purposes of this Chapter, "impact fees" shall not include utility connection fees or capacity charges.
For ADUs that are 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
Building and Fire Code Compliance.
ADUs shall comply with all applicable building and fire code requirements. Provided, however, that ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. Except however, fire sprinklers may be allowed to address fire code compliance as needed.
CEQA Exemption.
ADUs and JADUs are exempt from CEQA.
Historic Preservation.
Compliance with the appropriate Secretary of Interior's Standards for the Treatment of Historic Properties shall be required for properties listed in the California Register of Historical Resources.
Short-Term Rentals.
ADUs shall not be used for short-term rentals for a term of less than 31 days.
Application — Owner Certification.
An ADU may not be sold or otherwise conveyed separately from the primary residence except for as provided below (per Government Code Section 65852.26). As part of the building permit application process for an ADU, the owner of record shall submit a declaration, under penalty of perjury, stating that the ADU is not intended for sale separate from the primary residence, but may be rented. Nothing in this section shall be deemed to affect the legal status of an ADU built with a lawfully issued permit if the property is subsequently transferred or sold, or if the primary dwelling or ADU is subsequently rented or leased.
Exception.
A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer in conformance with the requirements of Government Code Section 65852.26. These include an ADU constructed on a property developed by a Qualified Non-profit Corporation, where there is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or where the property is held pursuant to a recorded tenancy in common agreement.

§ 4.02.03 Development Standards.

[9-21-2022 by Ord. 1782]
An ADU may be constructed on the same lot as an existing or proposed single-family dwelling, duplex, or multi-family dwelling in residential or mixed-use zones and in Specific Plan zones that allow residential uses, subject to applicable Building and Fire Code requirements and the following development standards:
Number of Units.
Single-Family Dwelling.
No more than one ADU and one JADU shall be permitted to be located on the same lot that has an existing or proposed single-family dwelling. An ADU and JADU may be located in the same primary dwelling.
Duplex and Multi-Family Dwellings.
No more than two ADUs detached from an existing multi-family dwelling unit shall be permitted to be located on the same lot. At least one ADU and up to 25 percent of the total number of existing multi-family dwelling units shall be permitted to be converted from existing non-livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
Residential Density.
ADUs and JADUs shall not count toward the allowed density for the lot upon which the unit is located. ADUs and JADUs approved in compliance with this Article shall be considered a residential use that is consistent with the requirements of the General Plan and zoning ordinance.
Location.
ADUs may be attached to or detached from an existing or proposed primary dwelling, or located within an existing dwelling. JADUs shall be located within the primary single-family dwelling.
Height.
Attached Accessory Dwelling Unit.
ADUs attached to an existing or proposed primary dwelling that comply with the setback requirements for the primary dwelling as set by the underlying zone shall be subject to the maximum height requirements of the underlying zoning district.
Attached ADUs that encroach within the setback requirements for the primary dwelling set by the underlying zone but comply with the setback requirements herein shall not exceed 18 feet.
Detached Accessory Dwelling Unit.
ADUs detached from an existing or proposed primary dwelling shall be subject to a maximum height of 18 feet.
No more than 400 square feet of the ADU shall be constructed above the first floor. The remaining allowable square footage shall be constructed on the first floor.
Size Limitations.
For the purposes of this Chapter, square footage for an ADU and primary dwelling shall not include garages, carports, and/or covered porches.
Attached ADUs.
The floor area of an attached ADU shall not exceed 50 percent of the existing or proposed living area of the primary dwelling or 1,000 feet, whichever is greater. However, in no case shall the floor area exceed 1,200 square feet.
Detached ADUs
. The floor area of a detached ADU shall not exceed 1,200 square feet.
Lot Coverage.
ADUs shall be exempt from lot coverage calculations of the underlying zone. For the purposes of this Chapter, attached garages, carports, and covered porches associated with an ADU shall count towards lot coverage.
Setbacks.
ADUs shall comply with the setback standards applicable to other structures within the zone in which the lot is located except as provided below.
New ADU.
A four-foot side and rear yard setback shall be required for new attached or detached ADUs. ADUs shall be subject to front yard setbacks applicable to the primary dwelling, unless such a requirement would preclude the construction of a Statewide Exemption Accessory Dwelling Unit as is described in Section 4.02.07.
Conversion of Existing Accessory Structure.
No setback shall be required for an ADU located within the existing living area or an existing accessory structure (e.g., detached garage), or an ADU that replaces an existing structure (e.g., garage converted to an ADU) and is located in the same location and to the same dimensions as the structure being replaced, unless required to meet current Building and Fire Code requirements.
Conversion and Expansion of Converted Structures.
Any expansion of an ADU converted from a legal accessory structure or primary dwelling shall be subject to this Subsection (Development Standards) for an ADU. See also Subsection G.4 below.
Second Story Accessory Unit.
A minimum setback of four feet from the side and rear lot lines, with an overhang of one-foot or less, shall be required for any second story of a detached ADU.
Building Separation.
A detached ADU shall be located at least six feet away from the primary dwelling unit.
Safety Codes and Easements.
Additional setback requirements may apply under the Building and Fire Codes or as a result of "no-build" easements or require compliance with existing easement restrictions.

§ 4.02.04 Parking.

[9-21-2022 by Ord. 1782]
Conversion of Parking.
No replacement parking spaces shall be required if an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU.
Removal of Off-Street Parking.
If off-street parking is removed to allow for an ADU in a single-family zone, the on-site parking need not be replaced.
Required Parking.
No additional parking spaces shall be required for ADUs or JADUs.
Parking Configuration.
If provided, the automobile parking for an ADU may be provided in setback areas and through tandem parking unless the Director finds that parking in setback areas or tandem parking is not feasible based upon the topographical conditions of the specific site or region or fire and life safety conditions.

§ 4.02.05 Junior Accessory Dwelling Units.

[9-21-2022 by Ord. 1782]
If a JADU is proposed, it shall comply with the requirements of California Government Code Section 65852.22, as may be amended from time to time, including but not limited to the following:
Shall not exceed 500 square feet in size.
Shall not be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.
Shall be contained entirely within the walls of a single-family residence. JADUs are not permitted on multi-family residential lots.
Shall provide a separate exterior entrance from the single-family home.
Shall contain a kitchen or an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the JADU.
May share a bathroom with the single-family home.
The owner shall reside in either the single-family residence or the newly created JADU.
A deed restriction shall be recorded providing for a prohibition on the sale of the JADU separate from the single-family residence, including a statement that the deed restriction may be enforced against future purchasers, and a restriction on the size and attributes that conforms with the requirements of Government Code Section 65852.22.
Only one JADU shall be allowed per lot.
No additional parking shall be required for construction of a JADU.
When a garage is converted into a JADU, any off-street parking spaces that were provided by such garage are not required to be replaced.

§ 4.02.06 Design Standards.

[9-21-2022 by Ord. 1782]
Design and Materials.
If the ADU requires an exterior addition to the primary dwelling or construction of a new detached building, the ADU shall be visually compatible with the primary dwelling as follows:
The ADU shall incorporate at least two of the same colors and/or materials as the primary dwelling unit.
The ADU shall incorporate at least two of the same stylistic or character defining elements of the primary dwelling unit, which include form, roof style/pitch, windows, doors, and accents/architectural details (e.g., trim, cornices, eaves, lintels, pilasters, columns, dormers, etc.).
Privacy.
Any window or door of an ADU that faces adjacent residences and is less than 10 feet from the property line shall utilize one or more of the following techniques to lessen the privacy impacts onto those properties:
Use of opaque windows;
Placement of windows above eye-level (five feet or above) if architecturally compatible; and/or
Provision of vegetative or other screening treatment installed and effective prior to occupancy.
For detached ADUs, balconies and second story decks shall be located interior to the site and not facing the immediately adjacent side or rear yards.
For detached ADUs, open stairways shall be located interior to the site and not facing the immediately adjacent side or rear yards, if feasible.

§ 4.02.07 Statewide Exemption Accessory Dwelling Units.

[9-21-2022 by Ord. 1782]
Pursuant to subdivision (e) of Government Code 65852.2, only a building permit shall be required for an ADU or JADU in the following circumstances if the proposed ADU complies with Building, Fire, and Safety codes, provides independent exterior access from the existing residence, and the side and rear setbacks meet the standards in this Chapter. Statewide Exemption ADUs, as described below, shall not be subject to the development and design standards within this Chapter, except for those standards noted in subdivision (e) of Government Code 65852.2.
Single-Family Conversion.
One ADU and one JADU per lot shall be permitted within an existing or proposed single-family dwelling if the ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and has exterior access separate from the primary dwelling and sufficient side and rear setbacks for fire safety. An ADU proposed under this Section may include an expansion of no more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress.
Single-Family Detached.
New construction of one detached ADU that does not exceed 800 square feet and 16 feet in height shall be permitted with minimum four-foot side and rear yard setbacks. The detached ADU may be combined with a JADU that is permitted by Subsection A above.
Multi-Family — Conversion.
At least one ADU and up to 25 percent of the total number of existing multi-family dwelling units shall be permitted to be converted from existing non-livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
Multi-Family Detached.
No more than two detached ADUs shall be permitted if the ADU(s) is/are located on a lot that has an existing multi-family dwelling, and the unit(s) is/are no more than 16 feet in height, and does/do not exceed four-foot rear yard and side setbacks.

§ 4.02.08 Application Review and Approval.

[9-21-2022 by Ord. 1782]
ADUs and JADUs shall be allowed ministerially in compliance with this Chapter and State law as part of the building permit review process for the creation of the ADU or JADU.
Application.
Concurrent with the submittal of a complete building permit application for the ADU or JADU, the ADU/JADU checklist, which demonstrates compliance with all of the ADU/JADU development regulations, shall be submitted. The application shall include plans showing the details of the proposed unit per submittal guidelines established by the Director or his/her designee.
Compliance Determination.
The Director shall make a determination of compliance prior to issuance of the building permit for the ADU/JADU. The determination of the Director is final and not subject to appeal.
Approval.
All applications for ADU/JADUs that meet and comply with the requirements of this Chapter shall be approved without additional permits, discretionary reviews, or hearings within 60 days after receipt of a substantially complete application if there is an existing single-family dwelling, duplex, or multi-family dwelling on the lot. Applicants may request a delay or waive the 60-day approval period. The application shall be denied if the proposed ADU/JADU does not comply with all applicable requirements of this Chapter or it may be conditionally approved subject to conditions that will bring the proposed ADU into compliance with this Chapter.
If the application involves an ADU or JADU where there is also an application for a new single-family dwelling on the lot, then the Director may delay action on the ADU or JADU application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Chapter to the ADU.

§ 4.02.09 Compliance with State Law.

[9-21-2022 by Ord. 1782]
To the extent any provision of this Chapter is inconsistent with State law governing ADUs or JADUs, the applicable State law shall govern.

§ 4.03.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards to enhance the compatibility of adult-oriented businesses with other uses in the same zone and to minimize impact of these uses to abutting residential properties. Adult-oriented businesses provide products and services of a mature nature capable of causing serious negative secondary effects on the community, including depreciation of property values; increase in vacancies in residential and commercial areas in the vicinity of adult-oriented businesses; interference with residential property owner's enjoyment of their properties when the properties are located in the vicinity of adult-oriented businesses; and blight conditions such as inadequate maintenance of commercial premises and parking lots, which thereby have deleterious effects upon adjacent areas.
The intent of these zoning provisions is to provide special design standards and regulatory guidelines which will direct the time, place, and manner of the operation of adult-oriented businesses in order to minimize the associated negative secondary effects.

§ 4.03.02 Location Standards.

[9-21-2022 by Ord. 1782]
All new adult-oriented business shall be located consistent with the following standards:
Located a minimum of 500 feet from another adult-oriented business.
Located a minimum of 1,000 feet from all of the following uses:
Any religious institutions;
Schools;
Park and recreation facilities;
Community centers;
Libraries;
Youth organizations; and
Child Day Care in a Home (Small or Large), or Day Care Centers.
Located a minimum of 250 feet from all of the following uses:
Any business involving an on-premises sale of liquor or alcoholic beverages; and
Any zone other than the IL and IH zones.
An adult-oriented business shall not be operated within any building or structure containing another adult-oriented business or use as defined by this Section.

§ 4.03.03 Standards.

[9-21-2022 by Ord. 1782]
Adult-oriented business shall comply with all permitting or licensing requirements and otherwise applicable standards in Chapter 120 (Sexually Oriented Businesses). In the case of a conflict between this Chapter and Chapter 120 (Sexually Oriented Businesses), this Chapter shall prevail.
To maintain the City's standard for safe business conduct, adult-oriented businesses must remain in compliance with the following:
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed, and provided in compliance with the Fire Department and building regulations and standards adopted by the City.
No adult-oriented business shall be operated in any manner that allows the observation of any material or activities depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from a location outside the building or areas of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
Lighting shall be required which is designated to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. Said lighting shall be consistent with Section 3.02.11 (Outdoor Lighting).
No loudspeakers or sound equipment shall be used by an adult-oriented business for the amplification of sounds to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any existing noise restrictions or standards adopted by the City. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director. No person under the age of 18 years shall be permitted within the premises at any time.
The adult-oriented business shall not be located, in whole or in part, within any portable structure.
The adult-oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would increase the demand for parking spaces beyond the number of spaces for the business, as required by the Code.
The adult-oriented business shall not conduct any massage, acupuncture, tattooing, acupressure, or escort services and shall not allow such activities on the premises.
Landscaping shall conform to the standards established for the zone, except that, if the adult-oriented business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
Specified sexual activities are prohibited in restrooms of any adult-oriented business.
All areas of the adult-oriented business accessible to patrons shall be illuminated to a minimum level of 20 footcandles, minimally maintained and evenly distributed at ground level except as otherwise required by law for adult motion picture theaters and as provided in Subsection 4.02.03.A.14[1] with regard to adult arcades.
[1]
Editor's Note: So in original.
Adult-oriented businesses are prohibited to operate between the hours of 1:00 a.m. and 9:00 a.m., daily.
Adult-oriented business shall not sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for sexual stimulation or for sadomasochistic use or abuse of themselves or others. Such devices, instruments, or paraphernalia include, but are not limited to, phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse.
Public nudity is prohibited at adult-oriented businesses, whether or not alcoholic beverages are sold, served or consumed on the premises. Any adult-oriented business found to have violated this Section shall have its permit suspended or revoked pursuant to Section 120.09 (Suspension of Permit) and Section 120.10 (Revocation of Permit) of the Indio Municipal Code. It is hereby further declared that California Penal Code Section 314 relating to lewd public nudity specifically applies to sexually-oriented businesses (regardless of whether or not a permit has been issued to said businesses under this Chapter), including said businesses even if no alcoholic beverages are sold, served, or consumed at the premises of said businesses, pursuant to California Penal Code Subsection 318.5 and 318.6. Prosecution for violations shall be maintained under the Penal Code by the appropriate enforcement officials.
The Conditional Use Permit shall be conspicuously posted and visible to patrons inside the adult-oriented business.
The following additional requirements shall pertain to adult arcades which provide one or more viewing area(s):
One or more manager's stations (not to exceed 32 square feet of floor area with no dimension greater than eight feet) shall be provided.
It shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the adult arcade.
The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult arcade to which any patron is permitted access, excluding restrooms. If the adult arcade has two or more manager's stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sign from the manager's station.
It shall be the duty of the owner(s) and also the duty of all employees present in the adult arcade to ensure that the individual viewing areas remain unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Section.
No individual viewing area may be occupied by more than one person at a time. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager's station and is visible to such manager's station. Any booth, stall, or partitioned portion of an individual viewing area authorized under this subsection shall be constructed so as to allow 12 inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.
The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, but such lighting shall not be of an intensity as to prevent the viewing of the adult material.

§ 4.04.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to ensure that the keeping, raising, and maintenance of animals and bees within the city does not create an adverse impact on adjacent properties by reason of dust, fumes, noise, odor, insect or vermin infestations, or visual blight, and to maintain animal welfare and public health, safety, and well-being.

§ 4.04.02 Standards.

[9-21-2022 by Ord. 1782]
The keeping of exotic or wild animals shall not be permitted in any zone in accordance with Article 2 (Zone Regulations).
Domestic animals are allowed in all zones where residential uses are allowed subject to the following standards:
Up to four dogs or cats or a combination, over four months of age.
An unlimited number of small birds, fish, or nonpoisonous reptiles, provided they do not become a public nuisance due to odors, noise, or public health considerations.
Up to four domesticated rodents, provided they do not become a public nuisance due to odors, noise, or public health considerations.
The number of large and small livestock in residential zones is established in Table 4.04.02-1 (Number of Animals Permitted by Lot Area). Refer to Table 2.02.02-1 (Allowed Uses — Residential Zones) to determine in what residential zones large and small livestock may be kept:
TABLE 4.04.02-1: NUMBER OF ANIMALS PERMITTED BY LOT AREA
Type of Animal
Maximum Number of Animals Permitted per Lot Size
8,000 sq. ft. — 12,999 sq. ft.
13,000 sq. ft. — 19,999 sq. ft.
20,000 sq. ft. — 43,559 sq. ft.
43,560 sq. ft. — 87,119 sq. ft.
> 87,120 sq. ft.
"ft" = Feet and "sf" = Square Feet
Equine and Large Livestock
Cattle, Swine, Llamas, Alpacas, Goats, Sheep, and Other Livestock Not Prohibited By This Chapter
0
0
21
41
Max. 5
Horses, Mules, and Donkeys
0
0
2
4
Max. 4 per acre
Small Livestock and Poultry
Goats (miniature, pygmy, dwarf)
2
2
4
8
Max. 10
Poultry and Rabbits
5
10
15
20
Max. 25
End Note:
1.
Max. 1 animal per 20,000 square feet gross lot area.
Offspring.
Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (cats and dogs: four months; large animals: six months; horses: 12 months) and are not subject to the maximum number of animals allowed in Table 4.04.02-1 (Number of Animals Permitted by Zone).
Standards for Large Livestock.
Shelters for large livestock must be located:
No less than 75 feet from any dwelling unit.
No less than 50 feet from any property line.
At least 10,000 square feet of pasture must be made available for each large livestock animal.
Additional Standards for Horse Corrals are as follows:
Horse corrals shall be a minimum of 300 square feet for the first horse and an additional 200 square feet for each additional horse.
Horse corral fences shall be at least five feet in height and constructed securely to confine the horses.
The corral and stable areas shall be sprinkled or otherwise treated so as to prevent dust, and all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies.
Stables shall be provided consisting of structures with weatherproof roofs with an area of 60 square feet for the first horse and an additional 36 square feet for each additional horse.
Enclosed box stalls shall be a minimum of 12' x 12' per horse.
Standards for Small Livestock and Poultry.
Male dwarf or pygmy goats must be neutered and dehorned by four months of age.
Shelters and fenced enclosures for housing, keeping, or caring for small livestock must:
Be located no less than 10 feet from any property line and at least 20 feet from the nearest neighboring dwelling.
Have a minimum of four square feet of indoor space per poultry or rabbit.
Have a minimum of 10 square feet of permeable outdoor space per poultry or rabbit.
Have a minimum of 130 square feet of permeable space per dwarf or pygmy goat.
Maintenance.
All livestock and the pens, stalls, stables, yards, shelters, cages, and premises where they are held or kept shall be maintained in such a manner so as to not become a public health nuisance. Livestock shelters and runs must be clean and sanitary, generally free of fecal and other matter that may attract flies, rodents, or cause an offensive odor that can be detected beyond the property line. Nothing in this Subsection shall be deemed to prohibit the use of animal manure or droppings to fertilize any farm, garden, lawn, or ranch in such a manner and for such purposes as are compatible with customary methods of good horticulture.
Feeding.
Feeding of livestock shall be done exclusively from containers (e.g., a trough) or on an impervious platform. Food for feeding livestock shall be stored in rodent and predator-resistant containers. The area where livestock are fed must be located a minimum of 20 feet from any dwelling.
Water.
Watering troughs or tanks shall be provided and shall be equipped with adequate facilities for draining the overflow so as to prevent the ponding of water, the breeding of flies, mosquitoes, or other insects, or any additional health hazards. Watering troughs must be located a minimum of 20 feet from any dwelling.
Shelters.
Shelters must be covered, predator-resistant, properly ventilated, and designed to be easily accessed, cleaned, and maintained.
Water Runoff.
All animal-keeping facilities must be designed in a manner such that water runoff does not become a health hazard or nuisance to uses on other properties and is contained and disposed of and does not contribute to the pollution of local groundwater or the flooding of adjacent properties.
Noise.
No person shall keep or harbor any animal which by frequent or habitual howling, yelping, barking, crowing, or the making of any other noise, day or night, unreasonably disturbs the peace and quiet of any person or persons.
Incineration.
No incineration of animal refuse shall be permitted on the premises.
Manure Storage and Removal.
Removal of manure must occur no less than once a month or as necessary to ensure the health, safety and welfare of residents and visitors to the area.
Manure shall be stored within enclosures built expressly for this purpose. Manure storage containers shall be setback a minimum of 50 feet from any perimeter property line.
Any condition that results in odors, unsightly areas, or infestation shall be deemed a public nuisance and/or health hazard and shall be abated within seven days of proper notice.
The keeping of all animals must comply with all applicable local, State, and Federal regulations.
Any increase in the number of large and small livestock in residential zones shall be subject to review and approval by the Planning Commission through a Conditional Use Permit (see Section 6.04.04 (Use Permits)). The Planning Commission shall make findings that the requested increase does not create impacts on adjacent properties that cannot be mitigated.

§ 4.04.03 Standards for Beekeeping.

[9-21-2022 by Ord. 1782]
The following standards provide for the safe and orderly keeping of bees.
Beekeeping is allowed in the DE-1, DET-3, and SN-4 zones. The principal use of the property on which beehives are kept must be residential, institutional, or educational.
Beehives shall only be located in rear yards and shall be placed a minimum of 20 feet from any property line, except that in the DE-1 and DET-3 zoning beehives also may be placed in the interior side yards. In all zones the entrance to the beehive shall face away from the property line closest to the hive.
A flyway barrier shall be established and maintained so that all bees are forced to fly at an elevation of at least six feet above ground level in the vicinity of the beehive. Any fence, wall, or natural barrier proposed as a flyway barrier shall comply with the provisions of Section 3.02.10 (Fences, Walls and Screening), as well as the following:
Be a minimum of six feet tall;
Be solid such that bees cannot fly through it;
Be placed parallel to the property line; and
Extend a minimum of five feet beyond the beehive(s) in each direction.
A convenient source of water shall be made available for the bees at all times of the year so that bees are less likely to congregate at swimming pools, pet watering bowls, bird baths, or other water sources.
In any instance in which a bee colony exhibits unusually defensive characteristics by stinging or attempting to sting without provocation or exhibits an unusual disposition toward swarming, beekeepers shall promptly re-queen the colony with another marked queen. Queens shall be selected with a gentle disposition from stock bred for gentleness and non-swarming characteristics. An owner/keeper of a beehive must be able to produce proof of a receipt from a queen breeder.

§ 4.04.04 Backyard Breeding.

[9-21-2022 by Ord. 1782]
Purpose.
The purpose of this subsection is to protect the public health, safety, general welfare, and quality of life in the city. The City Council finds that backyard breeding of dogs and cats to potentially be incompatible with surrounding uses in any residential zone of the city because of the noise and odors associated therewith. In addition, the City Council finds that backyard breeding contributes to the stray animal population of the city. Furthermore, the City Council finds that backyard breeding often contributes to unhealthy and inhumane conditions for dogs and cats in the city.
Prohibition.
Unless conducted by a licensed breeder, backyard breeding is prohibited on any residentially zoned property in the city, except as allowed as an accessory use in the DE-1, DET-3, and SN-4 zones as stipulated in Article 2 (Zone Regulations), and no person shall establish or operate a backyard breeding operation on any residentially zoned property.
Backyard Breeding Standards.
No person shall cause or allow any dog or cat owned, harbored, or kept within the city to breed without first obtaining a Riverside County unaltered dog license for dogs and a City business license for the breeding of either dogs or cats. Backyard breeding of dogs or cats shall only be conducted by a reputable breeder and is subject to the following:
A reputable residential breeder must obtain a City business license and shall not allow the whelping or queening of more than one litter per business license within any 12-month period. Within 30 days of each litter, the reputable residential breeder shall notify the City of the date and the number of dogs or cats in the litter.
A reputable residential breeder must obtain a State of California sellers permit.
No offspring may be sold, adopted, bartered, or otherwise transferred until it has reached the age of at least eight weeks.
No offspring may be sold or adopted until properly immunized against common disease. The sale or adoption of a dog or cat shall include a statement signed by the seller attesting to the signatory's knowledge of the animal's health and the animal's immunization history.
Any person who advertises the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the business license in any such advertisement. Further, the business license number shall be provided to any person who purchases, adopts, or receives any animal and placed on any receipt of sale.
Any person conducting backyard breeding activity shall be subject to inspection by the City or parties commissioned by the City to conduct such.
Any person selling or otherwise transferring a dog or cat, shall provide to the new animal owner City application(s) for a license and permit, as well as written information regarding the license and permit requirements of the City and Riverside County Animal Control applicable to such animal.
The number of animals kept shall comply with the standards established in Section 4.04.02 (Standards).
Violation and Enforcement.
Any violation of this Section is a misdemeanor and a public nuisance. The nuisance may be enjoined or otherwise abated by the City in the manner described in Section 10.21 of the Indio Municipal Code and any other applicable provision of state or local law.

§ 4.05.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards to enhance the compatibility of automotive service and repair or fueling station uses, including fueling stations and convenience stores with other uses in the same zone, and to minimize the impact of these uses to abutting residential properties.

§ 4.05.02 Standards.

[9-21-2022 by Ord. 1782]
The following supplemental development standards shall apply to development or conversions subsequent to the Effective Date and to expansions or modifications to existing development.
Automobile repair facilities falling under the category of an accessory use for an allowed retail or service/fueling use in the mixed-use and non-residential zones shall be subject to the applicable requirements of this Chapter.
Repair work shall be conducted entirely within an enclosed building. Dismantled vehicles and tow trucks shall be stored inside a building or inside a screened area where the vehicles will not be visible from off-site when the business is closed. Where possible, service bay entrances shall not face a public street.
Surfaced parking areas shall be provided on site for the storage of vehicles awaiting service. No actual repair work shall be conducted on vehicles awaiting service, except for cursory examination.
Minor repair and body or refinishing shops are allowed as accessory uses to automobile sales dealerships when located not less than 200 feet from a residentially zoned property. Accessory automobile repair facilities shall not exceed one third of the total floor area devoted to the entire principal use.
Major repair and body or refinishing shops as a primary use shall be considered as industrial uses.
Major or minor automobile repair facility structures shall not be placed closer than 40 feet to any street right-of-way or closer than 60 feet to any lot in a residential zone.
Garage doors on buildings used for vehicle repair shall be positioned to face away from all residential zones.
Pump islands shall be located a minimum of 20 feet from all property lines. Pump island canopies shall be located a minimum of 10 feet from all property lines.
The operation, display, or storage of merchandise or auxiliary activities (including rental trailers or ice machines) shall be located within a structure, except for those activities directly required to dispense gasoline, oil, water, or air.

§ 4.06.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards for bail bonds establishments which make available to the public undertakings of bail in connection with judicial proceedings and to ensure that such businesses are appropriately located and operated so as to not pose a significant threat to the public health, safety, and welfare.

§ 4.06.02 Location Standards.

[9-21-2022 by Ord. 1782]
All new bail bonds establishments shall be located consistent with the following standards:
Located a minimum of 1,000 feet from another bail bond services establishment.
Located a minimum of 500 feet from all of the following uses:
Schools;
Parks and recreation facilities;
Community centers;
Libraries;
Youth organizations; and
Any business involving an on-premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.

§ 4.06.03 Standards.

[9-21-2022 by Ord. 1782]
In addition to the development standards of the underlying zone, the following special standards apply to all bail bonds establishments (existing and new):
Operation of bail bonds establishments shall be limited to Monday through Saturday, from 7:00 a.m. to 7:00 p.m.
Management shall be responsible for the removal of litter from adjacent property and streets that results from the bail bonds establishment (with adjacent property owner consent).

§ 4.07.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish specific standards for commercial cannabis activities to ensure that cannabis retailers are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods.

§ 4.07.02 Definitions.

[9-21-2022 by Ord. 1782]
The technical terms and phrases used in this Chapter are defined in Section 123.06 of Chapter 123 (Cannabis Business Activities) of Title XI (Business Regulations) of the Indio Municipal Code and Article 7 (Definitions) of this Code.

§ 4.07.03 Permitted Locations.

[9-21-2022 by Ord. 1782]
Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer businesses are permitted land uses in the following zones subject to the location requirements set forth in this Chapter:
All Mixed-Use zones (as specified in Article 2 (Zone Regulations));
The Regional Commercial zone (as specified in Article 2 (Zone Regulations)); and
On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan.

§ 4.07.04 Location Standards.

[9-21-2022 by Ord. 1782]
A Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer shall be located consistent with the following standards:
Located a minimum of 600 feet from any zoned parcel in the City designated as a sensitive use pursuant to Indio Municipal Code, Section 123.32(B)(2).
Located a minimum of 250 feet from any church located in a residential zone that is in existence at the time the Cannabis Business Permit is issued.

§ 4.07.05 Permit Required.

[9-21-2022 by Ord. 1782]
In order to operate in the areas set forth in Section 4.07.04, a Cannabis Storefront Retailer and a Cannabis Non-Storefront Retailer must obtain and maintain at all times the following permits and licenses:
A valid Cannabis Business Permit as required by Chapter 123 (Cannabis Business Activities) of the Indio Municipal Code;
A valid business license from the City; and
A valid State of California Seller's Permit.

§ 4.07.06 Personal Cannabis Cultivation.

[9-21-2022 by Ord. 1782]
Notwithstanding Sections 4.07.01 through 4.07.05, engaging in the indoor personal cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is a fully enclosed and secure structure, to the extent such cultivation is authorized by California Health and Safety Code, Sections 11362.1 and 11362.2, as the same may be amended from time to time, is hereby permitted. The outdoor cultivation, however, of six or fewer live cannabis plants upon the grounds of a private residence is prohibited.

§ 4.08.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish specific site planning, development, and/or operating standards for check cashing businesses. The development standards of this Chapter shall apply to all check cashing businesses in the city, unless specified otherwise.

§ 4.08.02 Location Standards.

[9-21-2022 by Ord. 1782]
All new check cashing businesses shall be located consistent with the following standards:
Located a minimum of 1,000 feet from another check cashing establishment.
Located a minimum of 500 feet from all of the following uses:
Schools;
Parks and recreation facilities;
Community centers;
Libraries;
Youth organizations; and
Alcoholic beverage sales, excluding restaurants and grocery stores/supermarkets.

§ 4.08.03 Standards.

[9-21-2022 by Ord. 1782]
In addition to the development standards of the underlying zone, the following special standards apply to all check cashing businesses (existing and new):
Operation of check cashing businesses shall be limited from 7:00 a.m. to 7:00 p.m., daily.
Management shall be responsible for the removal of litter from adjacent property and streets that results from the check cashing business (with adjacent property owner consent).

§ 4.09.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards for child day care in a home (small and large) and/or day care centers. Child day care in a home (small and large) shall be clearly incidental to the use of the dwelling and may not change the character of the dwelling or adversely affect the uses allowed in its zoning district.

§ 4.09.02 Location Standards.

[9-21-2022 by Ord. 1782]
All new child day care in a home (large) and day care centers shall be located consistent with the following standards:
Child day care in a home (large) shall be located a minimum of 300 feet from a residential care facility, child day care in a home (small and large), and day care center.

§ 4.09.03 Standards.

[9-21-2022 by Ord. 1782]
Child day care in a home (small and large) and day care centers shall comply with the following standards:
Child day care in a home (small) shall serve eight or fewer children, including children who reside at the home and are under the age of 10.
Child day care in a home (large) shall serve seven to 14 children, including children who reside at the home and are under the age of 10.
Day care centers shall serve seven or more persons.
Child day care in a home (large) and day care centers shall be located, developed, and operated in compliance with the following standards:
License.
The operator shall secure and maintain a license from the State of California Department of Social Services.
Pick-Up and Drop-Off Plan.
A plan and schedule for the pick-up and drop-off of children or clients shall be provided for approval by the Director. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets. The plan shall include an agreement that includes, at a minimum:
A scheduled time for pick-up and drop-off with allowances for emergencies; and
Prohibitions of double-parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.
Screening.
A periphery wall, constructed of wood or masonry, or landscaping screen shall be provided to screen outdoor activity areas and shall achieve 75 percent opacity. Chain metal fencing or barbed wire is prohibited. The height of the screening shall comply with the standards of the underlying zone.
Hours of Operation.
Hours of operation shall only be within the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. Additional hours may be allowed subject to approval of an Administrative Use Permit.

§ 4.11.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards for cottage food operations in residential dwellings within the City. It is the intent of the City in adopting this Chapter that cottage food operation uses shall not alter or disturb the residential nature of the premises or its surroundings.

§ 4.11.02 Permitted Accessory Use.

[9-21-2022 by Ord. 1782]
Subject to the limitations, standards and requirements of this Chapter, cottage food operations are permitted as an accessory use in all lawfully constructed and occupied dwelling units in accordance with Article 2 (Zone Regulations).

§ 4.11.03 Standards.

[9-21-2022 by Ord. 1782]
Cottage food operations shall be subject to the following standards and requirements:
A cottage food operation shall comply with all development standards of the zone where the dwelling unit is located.
A cottage food operation shall comply with all permitting or licensing requirements and otherwise applicable Riverside County standards.
The site of the cottage food operation must be a principal residence of a person engaged in and the owner of the cottage food operation.
No more than one full-time equivalent cottage food employee may engage in cottage food operation activities on the site of the cottage food operation at any one time.
A cottage food operation shall be incidental and accessory to the principal residential use of a dwelling unit.
There shall be no outside storage related to the cottage food operation on the site.
The cottage food operation activities shall be conducted entirely within a primary dwelling unit.
There shall be no outside activities or uses which indicate the presence of a cottage food operation, nor shall the cottage food operation alter or disturb the area in which the dwelling unit is located.
The residential character of the exterior of the dwelling unit shall not be changed.
No signs other than one non-illuminated building-mounted sign, not more than two square feet in area, shall be erected on the premises in which the dwelling unit is located and is consistent with applicable standards in Chapter 3.05 (Sign Regulations).
Direct retail sales of any other products at the site of the cottage food operation are prohibited, except for cottage food products that have been prepared for sale in the kitchen of a cottage food operation.
A maximum of one customer vehicle may be parked at the site of a cottage food operation at any given time. A maximum of two customers may visit the site of a cottage food operation at any given time.
A maximum of one vehicle not larger than 10,000 pounds gross vehicle weight rating, used in conjunction with a cottage food operation, may be parked at the cottage food operation site.
A cottage food operation shall not be conducted so it creates or results in noise, glare, smoke, dust, vibration, fumes, odor, electrical interference, radio interference, television interference, fire hazard, significant vehicular or pedestrian traffic or any other hazard or nuisance disruptive to reasonable use of surrounding properties.
The use or storage of any flammable, combustible, or toxic material in conjunction with a cottage food operation shall be limited to materials and quantities allowed for a residential use pursuant to applicable law.

§ 4.11.04 Exceptions.

[9-21-2022 by Ord. 1782]
Cottage food operations shall not be permitted in any second unit, guest quarter, accessory building, ADU, or JADU.

§ 4.12.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards for cottage industry and provide for limited commercial uses in conjunction with dwelling which are more extensive than home occupations, but which, like home occupations, do not alter or disturb the residential or rural nature of the premises or its surroundings.

§ 4.12.02 Standards.

[9-21-2022 by Ord. 1782]
Cottage industries shall conform to the following requirements:
The particular uses conducted by the cottage industry and their operation and appearance shall not change or disturb the residential or rural character of the premises or its surroundings.
The use shall be environmentally sound regarding the project site and region.
No additional service demands shall be created by the use.
Not more than three full-time equivalent cottage industry employees shall work on the premises in addition to the members of the family residing on the premises.
The cottage industry shall be clearly incidental and subordinate to the use of the premises for residential purposes.
Multiple uses are permitted within a cottage industry. The area occupied by all uses within the cottage industry, including storage, shall not exceed 1,000 square feet.
All aspects of the cottage industry shall be located and conducted within a dwelling unit or enclosed accessory building(s), with the exception of outdoor storage of materials, products, or vehicles as specifically provided by the Administrative Use Permit when completely screened from the street and adjoining properties.
There shall be no other change in the outside appearance of the building or premises, except one non-illuminated sign not exceeding four square feet.
The sale of merchandise not produced on the premises (except mail order only businesses) shall be incidental and accessory to the merchandise or service produced by the cottage industry and shall not be advertised in any manner.
A maximum of one customer vehicle may be parked at, and a maximum of two customers may visit, the site of a cottage industry at any given time.
A maximum of one vehicle not larger than 10,000 pounds gross vehicle weight rating, used in conjunction with a cottage industry, may be parked at the cottage industry site.
No equipment or process used in the cottage industry shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood, nor shall noise exceed the single- and multi-family residential standards in Chapter 3.04 (Performance Standards).

§ 4.13.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish specific standards for drive-through facilities provided with other commercial uses, including but not limited to restaurants and financial institutions. These development standards shall apply to all drive-through uses in the City.

§ 4.13.02 Design Objectives.

[9-21-2022 by Ord. 1782]
A drive-through retail facility shall only be permitted if the Director first determines that the design and operation will avoid congestion, excessive pavement, litter, and noise.

§ 4.13.03 Location Standards.

[9-21-2022 by Ord. 1782]
The drive-through shall not be located along a primary street-facing frontage. If a drive-through facility must be located along a primary street-facing frontage, it shall be designed per Section 4.13.04.E. (Additional Design Guidelines).

§ 4.13.04 Standards.

[9-21-2022 by Ord. 1782]
Drive-Through Aisle Design.
The entrance/exit of any drive aisle shall be a minimum of 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs).
The drive aisle shall be designed with a minimum 10-foot interior radius at curves and a minimum 10-foot width.
The drive aisle shall not be located between the property line and front of the building.
Drive-Through Stacking Area.
A clearly identified area shall be provided for vehicles waiting for drive up or drive-through service that is physically separated from other onsite traffic circulation. The Director may approve alternatives to the requirements of this Subsection where it is determined that the alternate design will, given the characteristics of the site, be equally effective in ensuring on- and off-site pedestrian and vehicular traffic safety and minimizing traffic congestion.
The stacking area shall accommodate a minimum of five cars for each drive-up or drive-through window in addition to the vehicle receiving service.
The stacking area shall be located at and before the service window (e.g., pharmacy, teller, etc.).
Separation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least one side of the lane.
Stacking areas adjacent and parallel to streets or public rights-of-way shall be prohibited.
Screening.
The drive-through aisle shall be fully screened from the sidewalk or street with landscaping or walls and berms.
Parking.
Parking shall be in compliance with Chapter 3.03 (Parking and Loading).
Additional Design Guidelines.
Well-designed facades, including windows, doors, wall composition, colors, and materials should be used along all street frontages to create interest and pedestrian-oriented facades.
The drive-through canopy should be integrated with the building architecture through horizontal and vertical architectural features and treated with the same level of detail as the primary facade.
Landscaping, including but not limited to landscape berms and sight obscuring trees and vegetation, shall be utilized along the area adjacent to the drive-through portion of the building to provide additional screening of the drive-through functions.
Drive-through canopies shall extend one car length past the drive-through window and three car lengths prior to the drive-through window. This shall also apply when there are dual drive-through lanes.
Walk-up windows should be located near outdoor dining areas or other pedestrian areas to encourage accessibility and limit conflicts between pedestrians and vehicles. Walk-up windows should be emphasized through architectural details and include an awning, roof overhang, or similar protection from the elements.
Pedestrian and bicycle routes through the site should be separated from vehicular parking, driveways, and stacking areas. Pedestrian circulation should be accentuated through the use of raised pedestrian crossings, textured and/or colored paving, accent plantings and trees, fencing, trellises, lighting, and/or similar elements.
Decorative paving should be used at project entries and in pedestrian areas to improve safety and enhance the pedestrian experience.
Parking lots should be extensively landscaped and connected to buildings with well-designed pedestrian paths and paseos.

§ 4.14.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards for emergency shelters consistent with Government Code Section 65583(a)(4). Emergency shelters shall conform to all development standards of the zone in which it is located, except as modified by the standards in this Chapter.

§ 4.14.02 Standards.

[9-21-2022 by Ord. 1782]
Emergency shelters shall be located, developed, and operated in compliance with the following standards:
Location.
Emergency shelters shall be located at least 300 feet from another emergency shelter.
Number of Residents.
No more than 50 clients may be present on the premises at any one time.
Length of Occupancy.
Occupancy by an individual or family may not exceed 60 days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available, upon determination by the Director.
Common Area.
The shelter shall provide at least 10 square feet per bed of public or communal gathering space, exclusive of hallways.
Parking Reduction.
The Director may reduce the number of on-site parking spaces required by Section 3.03.05 (Off-Street Vehicle Parking Requirements) where a shelter is located on a bus route or other evidence is provided to indicate that less parking will be needed. The shelter shall, however, provide at least one space for each staff member who will be on duty when residents are present, and at least one space for residents.
Outdoor Activities.
All functions associated with the shelter, except for children's play areas, outdoor recreation areas, and parking, shall take place within the building proposed to house the shelter. There shall be no space for clients to congregate in front of the building, and there shall be no outdoor public telephones.
Designated Smoking Area.
The shelter shall provide a designated smoking area, preferably outside, that is not visible from public rights-of-way.
Noise.
The use shall be conducted in conformance with the noise standards set forth for multifamily housing in the noise element of the General Plan.
Supervision.
On-site management shall be provided any time that clients are present at the shelter.
Management and Security Plan.
The operator of the shelter shall submit a management and security plan for approval by the Director. The Plan shall address issues identified by the Director, including emergencies, transportation, client supervision, security, client services, staffing, and good neighbor issues.

§ 4.15.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards for home occupation uses generally conducted within a dwelling and by its occupants. The use must be clearly incidental to the use of the dwelling and may not change the character of the dwelling or adversely affect the uses allowed in its zone.

§ 4.15.02 Standards.

[9-21-2022 by Ord. 1782]
In addition to standards for the applicable zone, home occupations shall comply with the following standards:
A home occupation shall be conducted entirely within a dwelling and shall be incidental to the use of the structure as a dwelling.
No more than 400 square feet of the dwelling area shall be used for the home occupation.
A home occupation may be conducted in an accessory structure.
There shall be no storage of equipment or supplies in an accessory structure or outside the dwelling.
There shall be no external alteration of the dwelling in which the home occupation is conducted.
The existence of a home occupation shall not be apparent beyond the boundaries of the parcel.
No one other than a resident of the dwelling shall be employed in the conduct of a home occupation.
Any mechanical, electrical equipment, or stock material which is essential in the conduct of the home occupation shall not generate, emit, or create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than normally experienced in an average residential neighborhood.
The home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the parcel.
Not more than five customers or clients per day shall enter the dwelling for meetings, services, or products and not more than 10 vehicle trips per day shall be created by customers or clients. Customers or clients must park either in the driveway of the dwelling or in front of the dwelling only.
It shall be unlawful to park or store any commercial vehicle on property which is zoned for residential use. One vehicle not to exceed a rated one-ton capacity or less shall be allowed.
Delivery of product(s) and/or pickup of supplies or materials shall be made in a noncommercial vehicle by the proprietor or resident help of the home occupation, or by a licensed parcel service.
There shall be no use of utilities or community facilities beyond that normal to the use of a residential property.
The conduct of any home occupation including, but not limited to the storage of goods and equipment, shall not reduce or inhibit the required off-street parking space(s).
No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the parcel.

§ 4.15.03 Home Occupation Permit; Issuance; Modification; and Revocation.

[9-21-2022 by Ord. 1782]
No home occupation shall be permitted unless the Director certifies that it conforms to the home occupation regulations of this Chapter and application for such permit shall be made pursuant to Section 6.03.03 (Application Forms and Fees, and Reapplications). In addition, all home occupations must obtain a City business license to operate.
The Director may fix, in his or her reasonable discretion, a termination date upon a home occupation in order to affect a periodic review thereof. The Director may revoke or modify any permit pursuant upon reasonable proof of a violation of any of the terms or conditions of the permit. If a permit is revoked or modified, no home occupation shall be conducted on the premises until the Director issues a new permit or the terms of any modification are fully met.
Nothing in this chapter shall require the Director to issue a home occupation permit to any applicant. If any applicant has had a home occupation permit revoked or suspended pursuant to this code, the Director may deny a home occupation permit to any home occupation operated under the same name, same entity or by the same officers, managers, or individuals responsible for or owning the home occupation for which a permit has been revoked or suspended regardless of any name change, change in management, or conveyance of the home occupation to another person or entity.

§ 4.15.04 Appeals.

[9-21-2022 by Ord. 1782]
Any applicant aggrieved by any decision of the Director with respect to the issuance, denial, suspension, modification, or failure to renew a permit under the provisions of this section may appeal the decision pursuant to the procedures in Section 6.03.13 (Appeals).
The failure to timely and properly file a request for a hearing under Section 6.03.13 (Appeals), or the failure to appear at a scheduled hearing, shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. If appeal is waived for any reason, including as provided under this Subsection, the decision of the Director shall be final.

§ 4.16.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards for live/work uses and artists' lofts/studios, including the reuse of existing non-residential structures to accommodate live/work opportunities. Live/work units should be primarily commercial in nature.

§ 4.16.02 Standards.

[9-21-2022 by Ord. 1782]
In addition to standards for the applicable zone, live/work uses shall comply with the following standards:
Permitted Work Activity.
The work activity in a building where live/work units are allowed shall be any use permitted by right or use permit in the zone, with the following exceptions:
Sexually-oriented businesses, motor vehicle maintenance and repair, and welding and machining and are prohibited in a live/work unit.
In order to protect the health and safety of persons who reside in a live/work unit or in a building which contains one or more live/work units, no work activity shall be permitted nor shall any live/work unit be established on any site that contains those uses which the Director finds would, by virtue of size, intensity, hours of operation, number of employees or the nature of the operation, have the potential to adversely affect others living or working in or nearby the live-work development by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes.
No Separate Sale or Rental of Portions of Unit.
No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises or as a residential space for a person or persons not working in the same unit.
Occupancy and Employees.
At least one full-time employee of business activity occupying the live/work unit shall also reside in the unit; conversely, at least one of the persons living in the live portion shall work in the work portion.
The business activity occupying the live/work unit may utilize nonresident employees, as necessary.
Design Standards.
Floor Area Requirement.
A live/work unit shall have a minimum floor area of at least 1,250 square feet.
The maximum size of the residential portion of the work/live unit shall be 30 percent of the unit or 500 square feet, whichever is less, in order to ensure that the residential portion remains an accessory to the primary commercial use.
Commercial Activity.
Ground-Floor Height. The ground floor of live-work units shall have a minimum floor-to-ceiling height of 13 feet.
Depth. A ground-level live/work unit with street frontage shall devote the initial 25 feet of floor area depth to commercial activity.
Transparency. The ground floor of live/work units shall contain clear openings and windows for a minimum of 60% of the total area of the first floor facades facing sidewalks, pedestrian walks, or publicly-accessible outdoor space areas. Transparent glazing shall have a minimum Visible Transmittance (VT) value of 60 and be without tint or coloration. Transparent areas shall be designed and maintained to provide views into and out of the non-residential portion of the live/work unit.
Entries.
Each live/work unit shall have a pedestrian entry on the street-facing facade that provides direct access to the non-residential portion of the unit. A separate entry for the residential portion of the unit shall be provided through a consolidated/central entrance along the street-facing facade or individual residential entries located at the rear or side of the building.
Where there are multiple live/work units within a single structure, each unit shall be physically separated from other units and uses within the structure, and access to individual units shall be from a common open space, corridor, hallway, or other common access area.
Ventilation.
All live/work units shall be provided with at least one operable window. A ventilation system shall be installed subject to the approval of the Chief Building Official and Fire Marshal for any live/work activity which requires additional ventilation or which generates hazardous fumes or dust.

§ 4.16.03 Business License Requirement.

[9-21-2022 by Ord. 1782]
A request for a live/work unit/business shall be made to the Director through the business license process. The Director shall approve the issuance of a business license upon determining that the proposed live/work unit/business meets all the requirements of this Chapter.

§ 4.16.04 Changes in Use.

[9-21-2022 by Ord. 1782]
After approval, a live/work unit shall not be converted to entirely residential use unless authorized through an Administrative Use Permit approval.

§ 4.16.05 Revocation.

[9-21-2022 by Ord. 1782]
When any live/work unit results in an undesirable condition interfering with the general welfare of the surrounding community, the Director may revoke the business license.

§ 4.17.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish development standards that enhance the compatibility of mobile and manufactured home parks and associated activities to adjacent zones and ensure protections to abutting properties.
Mobile and manufactured home parks shall be subject to Discretionary Planning Review pursuant to Section 6.04.03 (Planning Review). These supplemental development standards apply to development or conversions subsequent to the adoption of this Code and to existing development proposed to be expanded or its operations modified.

§ 4.17.02 Standards.

[9-21-2022 by Ord. 1782]
Minimum parcel size shall be 10 acres.
Density shall not exceed 10 lots per gross acre.
One shade tree per space shall be required.
The minimum space size shall be 50 feet in width by 85 feet in length.
Interior streets shall be a minimum of 24 feet wide. Rolled curbs are allowed subject to approval by the City Engineer.
Decorative block walls shall be required around the perimeter of all manufactured/mobile home parks. The wall height shall be minimum five feet and maximum six feet.
A minimum of 25 percent of the parcels shall be maintained as common landscaped open space such as golf courses, tennis courts, and trails. Recreation rooms, playgrounds, laundry rooms, offices, restrooms, or other common structures or buildings are excluded from this open space requirement.
A minimum 15 feet setback shall be maintained for recreational vehicles from the exterior property boundary of the park.
No structure, accessory building, or storage shed shall exceed the height of the perimeter wall within 5 feet of the property line abutting a public street.
No more than 75 percent of any mobile home lot shall be covered by mobile homes or accessory structures.
Parking shall be provided in accordance with Chapter 3.03 (Parking and Loading).
All utility lines shall be placed underground.
All mobile homes shall be skirted within 60 days of installation or shall be recessed into the ground.
Solid waste and recycling enclosures shall be required.
Recreational amenities shall be provided appropriate to the size and scale of the project and shall be reviewed and approved as part of the design review process.

§ 4.17.03 Manufactured Homes in Single-Family Zones.

[9-21-2022 by Ord. 1782]
Manufactured homes are allowed in certain single-family zones and are subject to the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, including building setback standards, side, and rear yard requirements, standards for enclosures, access and vehicle parking, aesthetic requirements, and minimum square footage requirements.
Any architectural requirements imposed on the structure itself shall be limited to its roof overhang, roofing material, and siding material. Any manufactured home in the DE-1, DET-3, SN-4, SN-8, CN-14, and CN-20 zones shall be secured to a permanent foundation.

§ 4.18.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish specific standards for massage establishments (accessory) provided in conjunction with other specific services and medical uses. The development standards of this Chapter shall apply to all massage establishments (accessory) in the city.

§ 4.18.02 Standards.

[9-21-2022 by Ord. 1782]
Massage establishments (accessory) are only allowed as an accessory use in conjunction with an approved physician, surgeon, chiropractor, osteopath, or physical therapist medical practice, when allowed in the zone where the primary use is allowed.
Massage establishments (accessory) shall comply with the regulations set forth in Chapter 115 (Massage Regulations) of the Indio Municipal Code.
Massage services shall only be administered by licensed or CAMTC certified massage therapists or certified massage practitioners.
Hours of operation of massage establishments (accessory) shall be limited from 7:00 a.m. to 7:00 p.m., daily.

§ 4.20.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish specific standards for outdoor storage to ensure that such developments do not have negative impacts on the area they are located in. The development standards of this Chapter shall apply to all outdoor storage uses in the city.

§ 4.20.02 Standards.

[9-21-2022 by Ord. 1782]
Storage of goods, materials, machines, equipment, and inoperable vehicles or parts outside of a building for more than 72 hours shall conform to the standards listed below. The regulations of this Chapter do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit, the parking or overnight storage of vehicles associated with the primary use (e.g., delivery truck), or the parking and storage of RVs or trailers.
Permissibility of Outdoor Storage.
Mixed-Use Districts.
Not permitted (All storage must be within an enclosed building).
Non-Residential Districts.
Permitted as a primary and accessory use outside of required yards, parking and circulation areas, and required landscaped areas per Article 2 (Zone Regulations).
Public and Institutional Districts.
Permitted as an accessory use outside of required front and street side yards, parking and circulation areas, and required landscaped areas per Article 2 (Zone Regulations).
Standards for Outdoor Storage.
Location.
Outdoor storage may not be located within any required front or street side yard for the applicable zoning district within which the activity is located.
Height and Screening Limitation.
Outdoor storage areas shall be screened from view and, where possible, located behind the primary buildings on the site from:
Any public street or freeway;
An existing or planned residential area; or
A publicly-accessible open space area.
Screening walls and fences shall comply with the standards established in Section 3.02.10 (Fences, Walls, and Screening).
Parking.
Parking for permanent outdoor storage shall be provided as required in Chapter 3.03 (Parking and Loading).

§ 4.21.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish specific standards for pawnshops which purchase and sell secondhand tangible personal property incidental to their primary business (such as a jewelry store which purchases gold/jewelry) to ensure that such businesses are appropriately located and operated so as to not pose a significant threat to the public health, safety, and welfare by curtailing the dissemination of stolen property and facilitating the recovery of stolen property. The development standards of this Chapter shall apply to all Pawnshops in the city.

§ 4.21.02 Location Standards.

[9-21-2022 by Ord. 1782]
All new pawnshops shall be located consistent with the following standards:
Located a minimum of 1,000 feet from another pawnshop.
Located a minimum of 500 feet from all of the following uses:
Schools;
Parks and recreation facilities;
Community centers;
Libraries; or
Youth organizations.

§ 4.21.03 Standards.

[9-21-2022 by Ord. 1782]
Operation of pawnshops shall be limited from 7:00 a.m. to 7:00 p.m. daily.

§ 4.22.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish standards that enhance the compatibility of recreational vehicle (RV) parks and their associated activities to adjacent zones and afford protection to abutting residential property.

§ 4.22.02 Standards.

[9-21-2022 by Ord. 1782]
An RV park established prior to, and continually operated since the Effective Date of this Code, shall be allowed in any zones in which it currently operates, subject to the following standards:
A recreational vehicle park may expand or modify its size or number of allowed spaces, as existed on the Effective Date of this Code, only upon approval of a Conditional Use Permit. A Conditional Use Permit may include conditions relating to the conduct of special events.
An RV park shall comply with all applicable State laws and City ordinances regulating the operation and design of RV and travel trailer parks, except for the standards set forth in Subsection B below.
RV parks established after the Effective Date of this Code, shall be allowed as stipulated in Article 2 (Zone Regulations) and shall be subject to Planning Commission Planning Review pursuant to Section 6.04.03 (Planning Review).
The following standards supplement the development standards for the applicable zones, per Article 2 (Zone Regulations). These supplemental development standards shall only apply to development or conversions subsequent to the Effective Date of this Code.
Minimum parcel size shall be 10 acres.
Density shall not exceed 12 spaces per gross acre.
A minimum 15-foot setback shall be maintained for recreational vehicles from the exterior property boundary of the park.
One shade tree per space shall be required.
The minimum space size shall be 30 feet in width by 65 feet in length.
"Park Models" and other permanent or semi-permanent residential units shall be prohibited, except that one permanent residential structure may be allowed as a caretaker's residence.
Interior streets shall be a minimum of 24 feet wide. Rolled curbs may be allowed subject to approval by the City Engineer.
Decorative block walls shall be required around the perimeter of all RV parks. The wall height shall be minimum five feet and maximum six feet.
All of the spaces shall be installed with sewer, water, and electricity.
A minimum of 25 percent of the parcel shall be maintained as common landscaped and recreational open space such as golf courses, tennis courts, and trails, but not to include recreation rooms, laundry rooms, offices, restrooms, or other common structures or buildings.
Each space shall be improved with concrete or other acceptable hard surface.
Enclosures for solid waste and recycling bins are required.

§ 4.22.03 Revocation.

[9-21-2022 by Ord. 1782]
A permit issued by the Director under this Chapter may be revoked if it is determined that the RV or travel traveler park is in violation of this Chapter. The operator shall be given 72 hours to correct violations or cease operation.

§ 4.23.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish specific standards for resale, consignment, and/or thrift shops which purchase and sell secondhand tangible personal property incidental to their primary business and to ensure that such businesses are appropriately located and operated so as to not pose a significant threat to the public health, safety, and welfare. The development standards of this Chapter shall apply to all resale/consignment/thrift shops in the city.

§ 4.23.02 Location Standards.

[9-21-2022 by Ord. 1782]
All new resale/consignment/thrift shops shall be located consistent with the following standards:
Located a minimum of 1,000 feet from another resale/consignment/thrift shop.

§ 4.23.03 Standards.

[9-21-2022 by Ord. 1782]
In addition to the development standards of the underlying zone, the following standards apply to resale/consignment/thrift shops:
Enclosed Activities.
All activities shall be completely enclosed within the building for the use.
Collection/Receiving Area.
A dedicated collection area shall be established separate from the main patron entrance and may be located on the front, side, or rear of the building. If the collection area is located in the front of the building, the bulk donation area shall be shielded from public view. Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed.
Hours.
Operation of resale/consignment/thrift shops shall be limited from 7:00 a.m. to 7:00 p.m., daily.
Litter.
Management shall be responsible for the removal of litter from adjacent property and streets that results from the resale/consignment/thrift shop (with adjacent property owner consent).

§ 4.24.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish specific standards for smoke shops, to ensure that smoke shops are appropriately located and operated so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods.

§ 4.24.02 Location Standards.

[9-21-2022 by Ord. 1782]
All new smoke shops shall be located consistent with the following standards:
Located a minimum of 1,000 feet from another smoke shop.
Located a minimum of 500 feet from all of the following uses:
Schools;
Parks and recreation facilities;
Community centers;
Libraries;
Youth organizations; and
Child Day Care in a Home (Small or Large), or Day Care Centers.
Located a minimum of 250 feet from any business involving an on-premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.
Located a minimum of 100 feet (250 feet if separated by a major street or arterial) from any residential zones.

§ 4.24.03 Standards.

[9-21-2022 by Ord. 1782]
In addition to any conditions imposed by the Review Authority, retail sales of tobacco and smoking products that require a Conditional Use Permit shall comply with the following development standards:
Smoke shops shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco and smoking products.
Only store employees shall have immediate access to the tobacco products, smoking products and tobacco/smoking paraphernalia. It is unlawful for any person, business, or smoke shop to sell, permit to be sold, offer for sale or display for sale any tobacco product or smoking product by means of Self-Service Display or by means other than vendor-assisted sales.
Smoke shops shall not sell or transfer a tobacco product, smoking product, or tobacco/smoking paraphernalia to another person who appears to be under the age of 27 years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the tobacco product, smoking product, or tobacco/smoking paraphernalia.
Smoke shops shall not permit any person who is younger than the minimum age established by State law for the purchase or possession of tobacco products to engage or participate in the sale of tobacco products or tobacco/smoking paraphernalia.
No person, business, smoke shop, or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.
No permit may be issued to authorize tobacco retailing at a location that is licensed under State law to serve alcoholic beverages for consumption on the premises (e.g., an "on sale" license issued by the California Department of Alcoholic Beverage Control), and no license may be issued to authorize tobacco retailing at any location offering food for sale for consumption by guests on the premises.
Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.
The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 24 hours of written notice from the City.
Loitering in the public right-of-way, parking area, and in front of the property and adjacent properties shall be prohibited.
The establishment shall conspicuously post the following interior sign stating: "We ID everyone under 27 years of age for tobacco sales." The dimensions of this sign shall be at least eight inches by 11 inches. If the predominant language of the establishment's clientele is not English, then a sign shall also be posted in that language.

§ 4.24.04 Training Requirements.

[9-21-2022 by Ord. 1782]
Each person who sells tobacco or smoking products or tobacco/smoking paraphernalia shall successfully complete a responsible tobacco retailing training. The program shall be completed within 60 days of assuming the position that involves sale of tobacco or smoking products and/or tobacco/smoking paraphernalia and shall be periodically completed again not less than once every three years.
Records of successful completion of responsible tobacco retailing training shall be maintained on the premises and shall be presented to City and Riverside County Sheriff's Department representatives upon request.

§ 4.24.05 Existing Tobacco/Smoking Product Retailers.

[9-21-2022 by Ord. 1782]
Any smoke shop legally established prior to the Effective Date of this Code shall not be required to obtain a Conditional Use Permit and shall not be considered a legal non-conforming use subject to abatement, unless a modification of the approval for the use is sought and the modification is not considered minor subject to Section 6.03.16 (Modifications of Approved Plans). Any existing smoke shop that has been discontinued for a period of 180 days or more shall require a Conditional Use Permit, prior to reestablishing retailing of tobacco/smoking products.

§ 4.25.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish development standards for the siting and operation of tattoo/body art/piercing establishments so as not to pose a significant threat to the public health, safety, and welfare, and to limit potential adverse impacts on sensitive uses located in surrounding neighborhoods. The standards of this Chapter shall apply to all tattoo/body art/piercing establishments.

§ 4.25.02 Location Standards.

[9-21-2022 by Ord. 1782]
All new tattoo/body art/piercing establishments shall be located consistent with the following standards:
All new tattoo/body art/piercing establishments shall be located a minimum of 1,000 feet from another tatoo/body art/piercing establishment.
Located a minimum of 500 feet from all of the following uses:
Adult-oriented business;
Schools;
Parks and recreation facilities;
Community centers;
Libraries;
Youth organizations; and
Child Day Care in a Home (Small or Large), or Day Care Centers.
Located a minimum of 250 feet from any business involving an on-premises sale of liquor or alcoholic beverages, excluding restaurants and grocery stores/supermarkets.
Located a minimum of 100 feet (250 feet if separated by a major street or arterial) from any residential zones.

§ 4.25.03 Development Standards.

[9-21-2022 by Ord. 1782]
In addition to any conditions imposed by the Review Authority, tattoo/body art/piercing establishments shall comply with the following development standards:
The hours of operation shall be no earlier than 8:00 a.m. and no later than 10:00 p.m., daily.
The owner of an establishment shall obtain a Health Permit through the Riverside County Department of Public Health (DPH) to operate the facility in a safe and clean manner, maintain written procedures for the operation of the facility, and maintain records of training and equipment sterilization.
All practitioners shall annually register with the Riverside County Department of Public Health, obtain annual blood-borne pathogen training, provide documentation of Hepatitis B vaccination status, obtain specific health information from clients, and obtain "informed consent" from clients, as required by the Department of Public Health.
Records of successful completion of registration and annual renewals of Riverside County Department of Public Health permits for the owner of the establishment and any person providing services in the establishment shall be maintained on the premises and shall be presented to City employees and Riverside County Department of Public Health, Environmental Health Division inspectors on demand. An electronic copy of such records shall be provided on an annual basis to the Planning Division.
No tatoo, body art, or body piercing shall be performed without first obtaining "Informed Consent" from a client, as required by the DPH.
No establishment shall provide services to any person who is younger than the minimum age established by State law.
Amplified sound and loud music shall not be heard outside of the premises; the establishment shall contain all activities within the establishment.
Litter and trash receptacles shall be conveniently located inside and outside the establishment, and trash and debris shall be removed from the receptacles on a daily basis.
The exterior of the establishment, including all signs, accessory buildings and structures, shall be maintained free of litter and graffiti at all times. Graffiti shall be removed within 24 hours of written notice from the City.
Loitering in the public right-of-way, parking area, and in front of the property and adjacent properties shall be prohibited.
The establishment shall conspicuously post the following interior sign stating: "We ID everyone under 27 years of age for any request for our services." The dimensions of such sign shall be at least eight inches by 11 inches. If the predominant language of the establishment's clientele is not English, then a sign shall also be posted in that language.

§ 4.26.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
Purpose.
The purpose of this Chapter is to regulate the location, height, appearance, and placement of large commercial antennas and other wireless communications facilities. These regulations are designed to protect and promote the public health, safety, welfare, and aesthetic quality of the city.
Applicability.
This Chapter establishes standards to regulate the design and placement of towers, antennas, and other wireless communication transmission and/or reception facilities (hereinafter called wireless communication facilities) on public and private property, including facilities within the public right-of-way, to minimize the potential safety and aesthetic impacts on neighboring property owners and the community, and to comply with applicable State and Federal laws, including the Federal Telecommunications Act of 1996.
Small Wireless Facilities.
Section 4.26.02 (Small Wireless Communication Facilities) applies to small wireless facilities.
Large Wireless Facilities.
All other Sections of this Chapter, with the exception of Section 4.26.02 (Small Wireless Communication Facilities), apply to large commercial antennas.
Existing Facilities.
All large commercial antennas for which applications were approved and/or building permits issued prior to the adoption date of this Section shall not be subject to the application of these regulations and guidelines contained in this Chapter, unless an alteration or intensification of use is requested, in which case the provisions of this Section shall apply.
Proposed Facilities.
All large commercial antennas for which applications were received by the Community Development Department but not approved prior to the Effective Date shall be subject to the provisions of this Section.
To fulfill its purposes, this Chapter is intended to:
Establish review and approval requirements, application submittal requirements, and development standards to regulate the design and placement of wireless communication facilities so as to preserve the visual character of the city and to ensure public health and safety, consistent with federal law and Federal Communications Commission (FCC) regulations.
Acknowledge the community benefit associated with the provision of wireless communication services within the city.
Encourage the joint use of new and existing ground mounted facility monopole/tower sites as a primary option rather than construction of additional single-use towers.
Allow the Director to make certain determinations under the provisions of this Section.

§ 4.26.02 Small Wireless Facilities.

[9-21-2022 by Ord. 1782]
Except as provided elsewhere in this Chapter, all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(I), as may be amended or superseded, are subject to a permit as specified in the Indio City Council's "Policies, Procedures, Standards and Limitations for Submittal and Review of Small Wireless Facilities Within the Public Right-Of-Way pursuant to Indio Municipal Code Section 4.26.03[1]" ("Policy"), as adopted and amended from time to time by City Council resolution, and all small wireless facilities shall comply with such Policy. If the City Council Policy is repealed, an application for a small wireless facility shall be processed pursuant to Section 4.26.02 (Small Wireless Communication Facilities).
[1]
Editor's Note: So in original.
Waiver Request.
A waiver from the strict locational or physical requirements of the Policy may be granted by the Director, in his or her discretion, if the applicant can show, by substantial evidence, any of the following:
That compliance with a particular requirement is technologically infeasible, would result in an unreasonable interference with signal quality, or would result in an effective prohibition. The applicant will be required to prove that there are no feasible alternatives to the waiver request. A waiver request may be subject to peer review conducted by a qualified Radio Frequency (RF) engineering consultant selected by the City and paid for by the project applicant.
Because of special, unique circumstances applicable to the proposed location and/or the proposed small wireless facility, the strict application of the requirements of the Section would deprive the applicant of privileges enjoyed by other permittees in the vicinity operating a similar small wireless facility.
Denial of the small wireless facility as proposed would violate Federal law, State law, or both.
A provision of the Policy, as applied to applicant, would deprive applicant of its rights under Federal law, State law, or both.
A waiver may be granted subject to such conditions or other requirements that will meet the purposes and intent of this Section and the Policy.

§ 4.26.03 Large Commercial Antennas.

[9-21-2022 by Ord. 1782]
Any monopole, single antenna, or group of antennas attached to a monopole support structure and mounted on the ground or to a building shall be subject to the following:
Permitted Locations.
A large commercial antenna may be permitted in certain zones as specified in Article 2 (Zone Regulations), and in the public right-of-way.
Permit Required.
A large commercial antenna designed as a "monopalm" or any other stealth facility (i.e., water tower, windmill, weather vane) not exceeding 70 feet in height and fully complying with all of the development standards as contained in Section 4.26.06, and located in any of the permitted zones may be approved pursuant to an Administrative Use Permit pursuant to Section 6.04.04 (Use Permits).
A large commercial antenna designed as a "monopalm" or any other stealth facility that exceeds 70 feet shall be subject to the approval of and compliance with a Conditional Use Permit (Section 6.04.04 (Use Permits).
A large commercial antenna not exceeding 35 feet in height, designed as and substantially in compliance with the City's Engineering Standards for utility poles, and fully complying with all of the development standards as contained in Section 4.26.06, may be located in the public right-of-way subject to an Administrative Use Permit pursuant to Section 6.04.04 (Use Permits). The Director must also determine, based on an analysis by an independent, qualified consultant, that the antenna's location in the City's public right-of-way is necessary to close a significant gap in coverage and is the least intrusive means of doing so. The cost of this analysis shall be paid for by the applicant.
A large commercial antenna designed as a "monopalm" or any other stealth facility that is to be placed on vacant property or property used for agricultural uses regardless of size shall be subject to the approval of and compliance with a Conditional Use Permit subject to Section 6.04.04 (Use Permits).
The applicant shall submit an analysis of the location of the commercial antenna as it relates to the development of the site.
The applicant shall submit a letter from the telecommunications carrier that the site is the proper location for the commercial development.
Eligible Facilities Request (EFR).
EFRs, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment may be approved by the Director through an Administrative Use Permit (refer to Section 6.04.04 (Use Permits)) provided the modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.
In addition to compliance with the requirements of this Chapter, all EFRs shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director:
Any permit granted in response to an application qualifying as an EFR shall be subject to the terms and conditions of the underlying permit.
The City's grant or grant by operation of law of an EFR request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of an EFR permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

§ 4.26.04 Required Findings.

[9-21-2022 by Ord. 1782]
General Findings.
In approving any large commercial antenna facility except for a collocation facility request or an EFR, the Director shall make the following findings:
The proposed use conforms with the specific purposes of this Chapter and any special standards applicable to the proposed facility;
The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna, or monopole or to accomplish collocation;
The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
The proposed facility uses a stealth design.
Additional Findings for a Large Commercial Antenna.
To approve a large commercial antenna facility, the Director shall find that a small wireless communication facility is not feasible because of technical, aesthetic, or legal considerations including that such siting:
Would have more significant adverse effects on views or other environmental considerations;
Is not permitted by the property owner;
Would impair the quality of service to the existing facility; or
Would require existing facilities at the same location to go off-line for a significant period of time.
Findings for Collocation Facilities Requests.
The proposed collocation facility meets the requirements of Section 4.26.03A.
Findings for Eligible Facilities Requests.
The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. 1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. 1.6100(b). The Director shall make an express finding for each criterion.
The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. 1.6100(b)(7)(i) through (iv), or any successor provisions.
The proposed facility will comply with all generally applicable laws.
Additional Findings for Setback Reductions.
The Director shall make one or more of the following findings, except for a collocation facility request or an EFR:
The facility will be collocated onto or clustered with an existing, legally established telecommunications/wireless facility; and/or
The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.
Additional Findings for Any Other Exception to Standards.
The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable Federal or State law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.

§ 4.26.05 Large Commercial Antenna Applications.

[9-21-2022 by Ord. 1782]
An application for approval of a large commercial antenna shall include the following in addition to submittal requirements found in the Community Development Department application packet:
Site Plans.
A site plan shall be prepared and drawn to scale showing the site boundary; all existing and proposed structures; vehicular parking and access; existing landscaping to be retained, removed, or replaced; land use and zoning designations on the site; and abutting parcels.
Elevations.
Elevations drawn to scale showing all sides of any proposed building(s) and structures.
Landscape Plans.
A landscape plan shall be prepared and drawn to scale showing proposed landscaping, including species types, size, spacing, and other features.
Graphics.
A visual impact analysis including a photo simulation, field mockup, or other pictorial representation identifying the potential visual impacts of the site location of existing and proposed large commercial antenna.
Siting of Antennas.
Information demonstrating that the applicant's proposed large commercial antenna complies with the City's location guidelines and development standards, and that the proposed site best achieves the City's standards over other available sites.
FCC and State Authorization.
Documentation from the applicant that the proposed large commercial antenna meets all of the requirements of the various federal and state regulatory agencies.
Federal Avaiation Administration (FAA) Authorization.
Proof that the location and design of the proposed large commercial antenna is approved by the FAA or local airport authority, if such approval is required.

§ 4.26.06 Development Standards for Large Commercial Antennas.

[9-21-2022 by Ord. 1782]
Height.
The maximum height for large commercial antennas mounted on a monopole or a lattice tower shall not exceed 70 feet above grade. Additional height may be approved by the Planning Commission provided that technical data justifies the need for greater height in order to close a significant gap in coverage and the additional height is the least intrusive means of doing so.
Setback of Monopole Support Structure.
A large commercial antenna consisting of a monopole design shall be located at least 100 feet from any residentially zoned property. A monopole design support structure shall comply with all setbacks according to the zone it is located in.
Design Guidelines.
Because palm trees are plentiful throughout the city, a suggested screening method for a monopole antenna or large commercial antenna may be a "monopalm."
A "monopalm" designed large commercial antenna may include a cluster of at least three "Washingtonia robusta" (Mexican Fan Palm) or "Phoenix dactylifera" (Date Palm) to enhance the camouflaged antenna. Palms may have a height that is within 20 feet of the height of the "monopalm" and at varying heights planted around the "monopalm" at the time of installation. Existing landscaping material may be considered in order to screen the "monopalm."
The monopole itself shall be textured in such a way to appear as the trunk of a palm tree. Manufactured palm fronds shall adequately camouflage the panel antennas from view from adjacent properties and public streets. Other screening methods may be utilized.
All large commercial antennas shall be a "stealth facility," except where completely screened from view to the public right-of-way and/or adjacent properties. Other stealth facilities may be utilized such as water towers, windmills, weather vanes, etc.
Monopoles representing religious, cultural, commercial or other symbols, signs, or statuary shall be prohibited.
If a large commercial antenna is permitted within the public right-of-way, it shall be designed as and substantially comply with the City's Engineering Standards for a streetlight, to the satisfaction of the City Engineer. The City Engineer may authorize a design that substantially complies with the standards of other utility poles if he or she determines that a street light is inappropriate for the location.
Lighting.
Large commercial antenna lighting is prohibited, except as may be required by the Federal Aviation Administration.
Signage.
Large commercial antennas shall not bear any signs or advertising devices other than those required by Federal regulations or other applicable law.
Co-Location or Co-Siting of Large Commercial Antennas.
In order to encourage co-location or co-siting of large commercial antennas and maximize community aesthetics, applicants for Administrative Conditional Use Permits may request authorization, at the time of original application submittal, for subsequent applicants to be co-located on or co-sited around the same facility. Should such request, specifying the number of subsequent users, be authorized by the Director at the time of Administrative Conditional Use Permit approval, such subsequent requests for authorization may be processed by staff administratively, provided all other code requirements and conditions of approval are adhered to.
Accessory Buildings.
Accessory buildings supporting large commercial antennas shall not exceed 600 square feet of gross floor area and a height of 12 feet and shall not be used for offices or material storage. All accessory structures or buildings shall comply with the minimum required setbacks in the zone that the facility will be located in.
Accessory Buildings Material and Colors.
The use of materials and colors for accessory structures/buildings or cabinets shall be designed to blend with the exterior of existing structures within the area.
Landscaping and Fencing.
Landscaping shall be utilized around accessory structures/buildings or cabinets to further screen the building or cabinets. Chain link fencing shall be prohibited where visible from any public right-of-way. A decorative block wall shall be required where visible from any public right-of-way for the purpose of enclosing accessory structures/buildings, cabinets, or equipment.
Roof Mounted Antennas.
Roof mounted antennas shall be screened from view from adjacent properties and public rights-of-way. The screening may include parapets, walls, or similar architectural elements such as towers, provided that they are colored and texturized to integrate with the existing architecture of the building.
Building Mounted Antennas.
When located on a building facade, building mounted antennas shall be of a color and texture to match the existing building.
Utilities.
All utilities associated with large commercial antennas shall be placed underground.
Access Roads.
Access roads shall be limited to 12 feet in width except where the Fire Department requires a greater width. The access road shall be paved to the satisfaction of the City Engineer.
Building Code Compliance.
Large commercial antennas, including but not limited to antennas, support structures, equipment enclosures, equipment structures, and related structures and equipment shall be designed, constructed, and maintained in accordance with the uniform building, mechanical, electrical, and other applicable codes, laws, and regulations, as enforced by the Engineering and Building Services Department, to assure that all such facilities will maintain their structural integrity despite the effects of the elements.
Interference Problems.
Interference is governed by the rules and regulations promulgated by the FCC. All large and small commercial antennas that are subject to such rules and regulations shall abide by and be in compliance with applicable FCC rules and regulations.
Right-of-Way Authority.
Only applicants authorized to enter the public right-of-way pursuant to State or Federal law or a franchise or other agreement with the City shall be eligible for a permit to install or modify a large commercial antenna in the public right-of-way.

§ 4.26.07 Removal and Abandonment of Commercial Antennas.

[9-21-2022 by Ord. 1782]
Any large commercial antenna carrier who intends to abandon or discontinue use of a commercial antenna shall notify the City by certified mail no less than 30 days prior to such action. The large commercial antenna carrier or owner of the affected real property shall have 90 days from the date of abandonment or discontinuance, or a reasonable time as may be approved by the Director, to dismantle and remove the commercial antenna. In the case of multiple carriers sharing use of a single tower, this provision shall not become effective until all carriers cease operation. The subject Conditional Use Permit shall become null and void.
Any large commercial antenna that is not in operation for a continuous period of 180 days shall be considered abandoned. Upon a finding of abandonment, the City shall provide notice to the large commercial antenna carrier last known to use such facility and, if applicable, the owner of the affected real property, providing 30 days from the date of the notice to dismantle and remove the large commercial antenna. The subject Conditional Use Permit shall become null and void. This Section may not be applicable for an application to reuse an abandoned large commercial antenna provided that it complies with all development standards of this Chapter.

§ 4.27.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]
The purpose of this Chapter to regulate certain land uses that are intended for a limited duration of time and to ensure they do not pose a significant threat to the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize adverse effects on surrounding properties and the environment.

§ 4.27.02 Temporary Uses Not Requiring a Temporary Use Permit.

[9-21-2022 by Ord. 1782]
The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as a Building Permit, may be required.
Garage Sales.
Garage sales of personal property may be conducted by a resident of the premises subject to the requirements for a Garage Sale Permit as regulated by Chapter 122 (Garage Sale Permits) of the Indio Municipal Code.
Indoor Entertainment.
Indoor amplified music performances accessory to a commercial use is allowed per Article 2 (Zone Regulations) and provided the temporary use complies with the Performance Standards of Chapter 3.04 (Performance Standards).
Seasonal Sales.
Examples of seasonal sales include Christmas tree lots, pumpkin patches, etc.
Building Official approval for all temporary electrical service is required prior to establishing the seasonal sale.
Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.
All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.
The provisions of this Section do not apply to the sale and display of fireworks. Refer to Chapter 101 (Safe and Sane Fireworks) of the Indio Municipal Code.
Temporary Buildings or Storage Facilities (Accessory).
This section applies to storage containers or other temporary buildings for the temporary storage of goods.
An application shall be made no less than 15 days prior to the date of commencement of the proposed use.
Building Official approval is required.
The use shall be discontinued upon completion of the project.
Temporary Real Estate Sales Office.
The structure shall comply with all standards for temporary buildings or storage facilities in this Code and the Building Code, in addition to the following standard:
No more than one temporary real estate office may be located on any new subdivision in any zone.
The temporary real estate office to be erected is only for use in the sale of homes or parcels within the subdivision in which it is located.
Temporary real estate sales offices may be conducted by a resident of the premises subject to the requirements for a Model Home Sales Complex Permit as regulated by Section 151.190 (Model Home Sales Complex Permit Established) of the Indio Municipal Code and subsequent Sections.
Vehicle Washing and Detailing.
Auto and vehicle washing and detailing shall be sponsored by a non-profit organization.
The duration of use shall not exceed two days.
There shall be a minimum of 30 days between events.
No more than one sign shall be allowed on the parcel and the sign shall not exceed six square feet.
All water run-off shall be maintained on the parcel.

§ 4.27.03 Temporary Uses Requiring a Temporary Use Permit.

[9-21-2022 by Ord. 1782]
A Temporary Use Permit (see Section 6.04.05 (Temporary Use Permit)) shall be required prior to establishing, commencing, or engaging in any of the temporary uses specified in Section 4.27.04 (Allowed Temporary Uses and Associated Standards) and Article 2 (Zone Regulations).
A Temporary Use Permit provides a process for administrative review for short-term activities that may not meet normal development or use standards of the applicable zone but may be acceptable because of their temporary nature. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
In addition to any other conditions imposed by the Director for the temporary use, the standards for height, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zone of the subject parcel shall also apply to all temporary activities.

§ 4.27.04 Allowed Temporary Uses and Associated Standards.

[9-21-2022 by Ord. 1782]
Off-Site Auto and RV Sales.
No more than six off-site auto sales events may be held within a 12-month period.
The duration of each off-site auto sales event shall not exceed seven consecutive days, including set up and break down.
There shall be a minimum of 30 days between each off-site auto sales event.
Canopies shall be adequately braced and anchored to prevent weather-related collapse and must be in good condition. Weathered or dilapidated canopies shall not be used.
Off-site auto sales shall not restrict or impair the public's view of another business or activity, the public's view of the signage for another business or activity, and the points of ingress and egress to the site.
A new temporary permit is required for each off-site auto sales event.
Live Entertainment — Outdoors (Accessory).
Entertainment uses are allowed subject to Article 2 (Zone Regulations). A Temporary Use Permit is required for events with a duration of two days or less.
An application for a Temporary Use Permit shall be made no less than 30 days prior to the date of commencement of the entertainment event.
The duration of use shall not exceed two days.
There shall be a minimum of 30 days between events.
Events lasting more than two days or occurring more frequently than every 30 days shall require review and approval per Article 2 (Zone Regulations) and may require an Entertainment Permit issued by the Police Department per Chapter 113 (Entertainment Permits) of the Indio Municipal Code.
Live entertainment events requiring a Temporary Use Permit pursuant to this Chapter are prohibited within 1,000 feet of a Major Music Festival Event, as defined under Section 2.07.02 (Major Music Festival Overlay Zone (MMF)).
Certification of the safety of rides and all pertinent equipment for carnivals, circuses, or similar events, shall be made by a professional engineer registered in the State of California, with such certification being given to the Director prior to the commencement of use of the equipment.
The Director may permit subject to approval of a Temporary Use Permit (see Section 6.04.05 (Temporary Use Permits)) a special event such as, but not limited to, the following types of events: sporting and athletic events, street fairs, social events such as large weddings, picnics, or fireworks displays which by their nature are non-recurring, occurring on improved or unimproved property, which requires regulation because it may, among other things:
Involve the potential for a substantial number of participants or spectators;
Require the provision of public services for street blockage, erecting barriers, traffic control or crowd control;
Require portable restrooms and electrical connections; or
Require the use of flammable materials.
Swap Meet, Outdoor.
Outdoor swap meets, farmers markets, and the like are allowed subject to Article 2 (Zone Regulations).
An application for a swap meet on private property shall be made no less than seven days prior to the date of commencement of the proposed use.
Sales shall be sponsored by one or more merchants or by a non-profit organization.
The duration and frequency of the use shall be allowed as determined by the Director.
Temporary Campground.
Temporary campgrounds may be allowed on private or public property subject to Article 2 (Zone Regulations). A Temporary Use Permit is required, subject to the following conditions and standards:
A temporary campground shall be allowed for no more than 21 days in any one calendar year.
A minimum of 10 feet between vehicles or trailers shall be required.
Aisle ways shall be a minimum of 24 feet in width.
Toilets, if provided, shall be allowed at a rate of no more than one per 15 spaces and shall be emptied daily by an approved method.
Fire hydrants shall be no more than 500 feet from any space.
Electrical, sewer, and water hookups shall be prohibited. Provisions for solid waste and recycling collection shall be made.