For the purposes of this Zoning Code, unless it is plainly evident
from the context that different meaning is intended, the following
terms used in this Zoning Code are defined as designated in this Chapter.
(Ord. 387 § 1, 1996)
"Access"
means the place or way by which pedestrians and vehicles
shall have safe, adequate and usable ingress and egress to a property
or use as required by this Zoning Code.
(Ord. 387 § 1, 1996)
"Accessory living quarters"
means habitable space attached to a single-family dwelling
unit or within a detached structure located on the same residential
lot. Accessory living quarters include temporary living, sleeping,
and restroom facilities which may not include a kitchen or other facilities
for preparation of food. Accessory living quarters are subject to
the requirements of Chapter 21.80.
(Ord. 387 § 1, 1996)
"Accessory structure"
means a non-habitable building or structure or a part thereof
which is subordinate to and the use of which is incidental to, that
of the main building, structure or use on the same lot.
(Ord. 387 § 1, 1996)
"Accessory use"
means a use incidental, related, appropriate and clearly
subordinate to the main use of the lot or buildings which accessory
use does not alter the principal use of the subject lot or affect
other properties in the zone.
(Ord. 387 § 1, 1996)
"Agriculture"
means flower and vegetable gardening, nurseries and greenhouses
for the purpose of propagating and cultivating, provided that no business
shall be carried on upon the premises, and no obnoxious fertilizer
or soil renovation materials shall be stored on the premises. It is
specifically prohibited for any person to use, ride, drive, herd,
keep, or permit the keeping of or maintenance of any hogs, goats,
sheep, donkeys, horses, cattle, or wild animals of any type whatsoever,
or rabbits, chickens, pigeons or other fowl; provided however, that
horses or cattle may be authorized by the City Council under special
and unusual conditions, such as, but not limited to, sporting events
and farming requirements, given satisfactory compliance with appropriate
requirements to protect the public health, safety and welfare. Agriculture
shall include farmworkers housing as outlined by California Health
and Safety Code Sections 17021.5 and 17021.6.
(Ord. 387 § 1, 1996; Ord. 674 § 1, 2013)
"Alley"
means a public way, other than a street, road, highway, or
freeway, permanently reserved as a secondary means of vehicular access
to adjoining properties.
(Ord. 387 § 1, 1996)
"Amusement arcade"
means any building or part of a building having one (1) or
more mechanical or electronic games or similar player-operated amusement
devices.
(Ord. 387 § 1, 1996)
"Amusement park"
means any phase of amusement not conducted wholly within
a completely enclosed building.
(Ord. 387 § 1, 1996)
"Ancillary quarters"
means living quarters which are attached or detached to a
primary dwelling unit and includes both "accessory living quarters"
and "second dwelling units" subject to the requirements of Chapter
21.80.
(Ord. 387 § 1, 1996)
(Ord. 387 § 1, 1996; Ord. 448 § 2, 1999)
"Apartment"
means a room or suite of rooms occupied or suitable for occupancy
as a residence for one (1) family.
(Ord. 387 § 1, 1996)
"Architectural features"
means projections or appurtenances on buildings which provide
visual variation and/or relief but do not serve as living or working
space.
(Ord. 387 § 1, 1996)
"Area of sign"
means the entire area within a single continuous perimeter
composed of squares or rectangles which encloses the extreme limits
of writing, representation, emblem, or any figure of similar character,
together with any frame, background area of sign, structural trim,
or other material or color forming an integral part of the display
or used to differentiate such sign from the background against which
it is placed. In the case of a sign designed with more than one (1)
exterior surface, the area shall be computed as including only the
maximum single display surface which is visible from any ground position
at one time. The supports or uprights on which any such sign is supported
shall not be included in determining the sign area unless such supports
or uprights are designed in such a manner as to form an integral background
of the display.
(Ord. 387 § 1, 1996)
"Automobile service station"
means a lot or portion of a lot used for the servicing of
motor vehicles. Such servicing may include sale of motor fuels and
oils, lubrication, car washing (with no steam equipment), waxing and
polishing, sale and service of tires, tubes, batteries, and the service
of auto accessories. Such servicing shall not include tire recapping,
sale of major auto accessories, brake and wheel repair or parts, sale
or rebuilding of engines, battery manufacturing or rebuilding, radiator
repair or steam cleaning, body repair, painting or upholstery, installation
of auto glass or other such services and operations.
(Ord. 387 § 1, 1996)
"Bar"
means a structure or tenant space in a structure used primarily
for the sale or dispensing of alcoholic beverages for consumption
on the premises. (Also includes "Tavern," "Cocktail lounge.")
(Ord. 387 § 1, 1996)
"Block frontage"
means all property fronting on one (1) side of a street between
a street and right-of-way, waterway or between intersecting or intercepting
streets, the end of a dead-end street or a City or County boundary
measured along a street line. An intercepting street shall determine
only the boundary of the frontage on the side of the street that it
intercepts.
(Ord. 387 § 1, 1996)
"Boarding house" or "rooming house"
means a dwelling where two (2) or more of its occupants are
subject to separate rental agreements, leases, or subleases, either
written, oral, or implied; or the occupants do not operate as a single
housekeeping unit.
(Ord. 387 § 1, 1996; Ord. 734 § 3, 2021)
"Building"
is synonymous with structure and means that which is framed,
erected, constructed or affixed, temporarily or permanently, on a
parcel of land. Driveways or walks not more than six (6) inches higher
than the ground on which they are located shall not be considered
buildings.
(Ord. 387 § 1, 1996)
"Building area"
means the sum in square feet of the areas of the horizontal
projections of all buildings on a lot excluding porches, carports,
garages, open pergolas, steps, chimneys, eaves, buttresses, cornices,
unenclosed and unroofed terraces, patios, unenclosed private balconies
not used for access and minor ornamental features projecting from
the walls of the building which features are not directly supported
by the ground.
(Ord. 387 § 1, 1996)
"Building height"
means the vertical distance measured from the pad elevation
to the highest point of the building or roof.
(Ord. 387 § 1, 1996)
(See "Ancillary quarters.")
(Ord. 387 § 1, 1996)
"Carport"
means any structure used for automobile shelter excepting
a legal garage.
(Ord. 387 § 1, 1996)
"Car wash"
means any building or land or portions thereof used for the
business of washing, waxing or cleaning of automobiles or similar
light vehicles.
(Ord. 387 § 1, 1996)
"Church"
means a permanently located building, by whatever name referenced,
together with its accessory buildings and uses, where people regularly
assemble for worship and which, together with its accessory buildings
and uses, is maintained and controlled by a religious body organized
to sustain public worship.
(Ord. 387 § 1, 1996)
"City"
means the City of Indian Wells, California. With respect
to the implementation of development regulations described herein,
"City" means the appropriate City Department Head.
(Ord. 387 § 1, 1996)
"Clinic"
means an institution providing human health services or medical
or surgical care for outpatients only, and where overnight facilities
are not provided.
(Ord. 387 § 1, 1996)
"Club"
means an association of persons organized for a common purpose
excluding groups organized primarily to render a service carried on
as a business for profit.
(Ord. 387 § 1, 1996)
"Condominium"
means an estate in real property consisting of an undivided
interest in common in portions of a parcel of real property together
with a separate interest in a dwelling, industrial or commercial building
on such real property, such as an apartment, office or store. A condominium
may include, in addition, a separate interest in other portions of
such real property.
(Ord. 387 § 1, 1996)
"Construction trailer"
means a trailer used as an on-site office or storage during
actual construction of an approved building site.
(Ord. 387 § 1, 1996; Ord. 585 § 1, 2006)
"Convalescent home"
means a facility licensed by the State Department of Public
Health, the State Department of Social Welfare, or the County of Riverside,
which provides bed and ambulatory care for patients with post-operative
convalescent, chronic illness or dietary problems, and persons unable
to care for themselves. (Includes "Nursing Home" "Rest Home" and "Home
for the Aged.")
(Ord. 387 § 1, 1996)
"Day care center" or "Child care center"
means any facility of any capacity other than a large or
small family day care home in which less than twenty-four (24) hour
per day non-medical care and supervision is provided for children
in a group setting.
(Ord. 387 § 1, 1996)
"Day care, large family"
means a home which provides family day care to seven (7)
to twelve (12) children, inclusive, including children who reside
at the home, as defined by the State Department of Social Services.
(Ord. 387 § 1, 1996)
"Day care, small family"
means a home that provides family day care to six (6) or
fewer children, including children who reside at the home, as defined
by the State Department of Social Services.
(Ord. 387 § 1, 1996)
"Driveway, residential standard"
means any paving or portion thereof, used exclusively for
residential purposes to provide access between the street and the
required two (2) car garage for all residential dwelling units.
"Driveway, residential circular"
means any paving or portion thereof, used exclusively for
residential purposes with two (2) different connections to a street,
or between different streets for corner lots. It may or may not provide
access to the required two (2) car garage for all residential dwelling
units.
(Ord. 527 § 5, 2003)
"Dwelling"
means a building, or any portion thereof, that is designed,
built, and used for residential purposes by a single housekeeping
unit.
(Ord. 387 § 1, 1996; Ord. 734 § 3, 2021)
"Dwelling unit"
means one (1) or more rooms in a dwelling used for occupancy
for one (1) family for living or sleeping purposes and having not
more than one (1) kitchen.
(Ord. 387 § 1, 1996)
"Educational institution"
means a school organized for the teaching and study of a
curriculum at least equivalent to that required in corresponding grades
of a public school or an institution empowered to confer degrees equivalent
to the degrees conferred by public schools in special departments
such as law, medicine, engineering, theology and the arts.
(Ord. 387 § 1, 1996)
"Elevation"
means a scale drawing of the front, rear or sides of a building.
(Ord. 387 § 1, 1996)
"Emergency shelter"
means immediate and short-term housing with supportive services
for homeless persons that is limited to occupancy of six (6) months
or less. No individual or household may be denied emergency shelter
because of an inability to pay.
(Ord. 674 § 1, 2013)
"Fairway lots"
mean lots which abuts a golf course development and have
their rear yard coterminous with the golf course fairway.
(Ord. 387 § 1, 1996)
"Fence"
means a barrier of any material or combination of materials
constructed to enclose or screen areas of land. (Also includes "Wall.")
(Ord. 387 § 1, 1996)
"Financial institution"
means a business or institution engaged in monetary transactions
such as banks, brokerage houses, lending, and savings and loan institutions.
(Ord. 387 § 1, 1996)
"Flag lot"
means a lot with developable area connected to a street by
a narrow strip of land (private right-of-way) that includes a driveway.
(Ord. 541 § 1, 2003)
"Floor area"
means the entire floor area within the exterior walls of
a roofed building, excluding the garage area.
(Ord. 387 § 1, 1996)
"Floor area ratio"
(FAR) means the mathematical relation between volume of building
and unit of land, determined by dividing the gross floor area of all
buildings on a lot by the area of that lot.
(Ord. 387 § 1, 1996)
"Frontage"
means that portion of a parcel of property which abuts a
public right-of-way, measured along the actual or proposed street
line.
(Ord. 387 § 1, 1996)
"Front yard"
means an open space contiguous to the front line of a lot
and extending from side line to side line thereof, and from the front
line to any building located on the lot.
(Ord. 387 § 1, 1996)
"Garage"
means any building or part thereof with a permanent roof
and at least three (3) enclosed sides and a door which is used for
automobile and/or golf cart parking.
(Ord. 387 § 1, 1996)
"Golf course"
shall mean a lot or portion of a lot used for playing golf,
including pitch-and-putt courses, but excluding driving ranges, miniature
golf courses or other similar commercial enterprises, unless expressly
permitted.
(Ord. 387 § 1, 1996)
"Guest"
means any transient person who occupies a room for sleeping
purposes.
(Ord. 387 § 1, 1996)
"Habitable"
means a structure or facility designed and/or maintained
for regular and frequent human occupancy, even if only temporary.
The focus of this definition are those spaces intended for occasional
human occupancy as opposed to those intended for regular occupancy
such as a residence, office, store, hotel, etc.
Examples: (Not Inclusive) lobby, telephone booth, detached
rest rooms, storage shed, a machinery room wherein maintenance and
service are regularly carried out, a pedestrian tunnel.
(Ord. 387 § 1, 1996; Ord. 387 § 1, 1996)
"Hospital"
means any building or portion thereof used for the accommodation
and the medical or surgical care of sick, injured or infirm persons
including skilled nursing facilities.
(Ord. 387 § 1, 1996)
"Housing unit"
means a house, an apartment, a mobile home, a group of rooms,
or a single room that is occupied (or if vacant, is intended for occupancy)
as separate living quarters. Separate living quarters are those in
which the occupants live and eat separately from any other persons
in the building and which have direct access from the outside of the
building or through a common hall.
(Ord. 541 § 1, 2003; Ord. 585 § 1, 2006)
(Ord. 387 § 1, 1996; Ord. 585 § 1, 2006)
"Junkyard"
means any lot or portion of a lot used for the dismantling
of machinery, including motor vehicles or used for the storage or
sale of parts resulting from such dismantling or wrecking or for the
storage or keeping junk of any kind whatsoever.
(Ord. 387 § 1, 1996)
"Kitchen"
means a room with permanent provisions for and used for cooking
and the preparation of food.
(Ord. 387 § 1, 1996; Ord. 734 § 3, 2021)
"Land use category"
means a designation established by this Zoning Code including
land use and development standards which regulate development on a
parcel of land.
(Ord. 387 § 1, 1996)
"Landscaping"
means the planting and continued maintenance of suitable
plant materials or a combination of plant materials or a combination
of plant materials with minimum areas of paving, gravel or other dust-free
material including an adequate irrigation system.
(Ord. 387 § 1, 1996)
"Long-term residential rental"
means the rental of a residential dwelling unit by the owner
thereof to another party for a continuous period of thirty (30) or
more days in the aggregate, in exchange for any form of monetary or
non-monetary consideration such as, but not limited to, trade, fee,
swap or any other in lieu of cash payment.
(Ord. 653 § 1, 2011)
"Lot"
means a parcel of land occupied or to be occupied by a use,
building or unit, group of buildings and accessory buildings together
with such yards, open spaces, lot width and lot area as are required
by this Zoning Code and having a frontage on a right-of-way other
than an alley or a private easement determined by the City Council
to be adequate for the purposes of access.
(Ord. 387 § 1, 1996)
"Lot, area"
means the total horizontal area within the lot lines of a
lot.
(Ord. 387 § 1, 1996)
"Lot, corner"
means a lot abutting on and at the intersection of two (2)
or more streets.
(Ord. 387 § 1, 1996)
"Lot, key"
means any lot where the side property abuts the rear property
line of one (1) or more other lots and where the lots are not separated
by an alley or any other public way.
(Ord. 387 § 1, 1996)
"Lot width"
is defined as the horizontal distance between the side lot
lines, measured at right angles to the lot depth at a point midway
between the front and rear lot lines.
(Ord. 541 § 1, 2003)
"Manufactured structure,"
means any structure which is certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974
and placed on a foundation system, pursuant to the Health and Safety
Code.
(Ord. 387 § 1, 1996; Ord. 541 § 1, 2003)
"Mechanical or electronic game"
means any machines, apparatus, contrivance, appliance or
device which may be operated or played upon placing or depositing
therein of any coin, check, slug, ball or any other article or device,
or by paying therefore either in advance of or after use, involving
in its use either skill or chance, including, but not limited to tape
machine, card machine, pinball machine, bowling game machine, shuffleboard
machine, marble game machine, horse racing machine, bowling game machine,
baseball game machine, football game machine, electronic video game,
or any other similar machine or device.
(Ord. 387 § 1, 1996)
"Model homes"
refers to completed dwellings or residential structures with
the following characteristics: (a) the dwellings or residential structures
must be completed, and the dwellings or residential structures have
final inspection approvals from the Building and Safety, Engineering
and Planning Departments; and (b) the dwellings or residential structures
are intended to be temporarily utilized as an example of other buildings
which are existing or proposed to be built in the same subdivision.
(Ord. 387 § 1, 1996)
"Nonconforming use"
means a particular use of a building, land or other improvement
thereon which does not conform with the provisions of this Zoning
Code and which lawfully existed at the time the provisions with which
it does not conform became effective.
(Ord. 387 § 1, 1996)
"Non-commercial bank"
means a business, institution, or use engaged in providing
private banking services in an office development or professional
building setting. The uses are not open to the general public and
provide, by professionals, financial and legally related financial
management services on an individual basis. The use is appropriate
within the "Offices, Administrative, Business, and Professional" land
use category and not in the "Retail and Service Businesses" land use
category.
(Ord. 403 § 3 Exhibit A, 1997)
"Non-habitable"
means a structure or facility designed and/or maintained
for a use which does not require nor encourage regular human visitation,
even temporary.
Examples: (Not Inclusive) A remote control facility requiring
minimal maintenance of service, a public facility such as a sewer
line or water tank which has access provisions but is entered only
for infrequent inspection and repair, a facility designed for mechanical
access only.
(Ord. 387 § 1, 1996; Ord. 387 § 1, 1996)
"Offices, administrative, business and professional"
means a structure or structures which are used to perform
the following business and professional services: doctors, dentists,
chiropractors, optometrists, pharmacies, medical and dental laboratories,
secretarial and clerical services, architects, law offices, non-commercial
banks, engineering, community planning, and other administrative or
professional offices.
(Ord. 387 § 1, 1996; Ord. 403 § 3 Exhibit A, 1997)
"Outdoor advertising structure"
means a sign which has a surface sign space on which advertising
may be posted, painted, or affixed, and which is primarily designed
for the rental or lease of such space for advertising not relating
to the use of the property upon which the sign exists.
(Ord. 387 § 1, 1996)
"Parking space"
means a readily accessible area, within a building or private
or public parking area exclusive of streets, driveways, ramps, columns
and working areas maintained exclusively for the parking of one automobile
and/or golf carts.
(Ord. 387 § 1, 1996)
"Primary residence"
means the principal single-family dwelling unit located on
a lot which may contain ancillary quarters, including accessory living
quarters or a second dwelling unit.
(Ord. 387 § 1, 1996)
"Primary use"
means any use that establishes the approved land use (primary
use). Primary uses may be approved but subject to a Conditional Use
Permit as defined within the appropriate land use section of the municipal
code.
(Ord. 482 § 1, 2001)
"Private residential development"
means a development not open to the public and to which access
is restricted by means of a guard or mechanical gate only to members,
owners and guests of said development and to which development is
further restricted by either an architectural committee or property
owners association.
(Ord. 387 § 1, 1996)
"Public parking area"
means an open area, other than a street or a private parking
area, used for the parking of five (5) or more automobiles. "Private
parking area" means a privately owned open area, other than a street,
used by the public for the parking of five (5) or more automobiles.
(Ord. 387 § 1, 1996)
"Rear yard"
means an open space contiguous to the rear line of a lot
and extending from side line to side line thereof and from the rear
line to any building on the lot. On a corner lot, the rear yard shall
extend from the side line of the lot to the side yard of the lot which
abuts the street.
(Ord. 387 § 1, 1996)
"Recorded lot"
means a parcel of land as shown with a separate and distinct
number or letter on a map of record of the subdivision of the tract
in which the lot is situated.
(Ord. 387 § 1, 1996; Ord. 674 § 1, 2013)
"Recreational facilities"
means tennis courts and other recreational facilities other
than swimming pools, including incidental limited commercial uses
commonly associated with and directly related to the primary permitted
uses.
(Ord. 387 § 1, 1996; Ord. 674 § 1, 2013)
(Ord. 387 § 1, 1996; Ord. 674 § 1, 2013)
"Residential, attached"
means a development with multiple dwelling units sharing
common walls. For purposes of ancillary quarters, an attached unit
may be completely within an existing principal building or added to
an existing principal building, provided that both units are attached
by a common wall and are contained within one structure.
(Ord. 387 § 1, 1996)
"Residential, detached"
means a development with each dwelling unit situated on a
residential lot of record and no lot containing more than one (1)
dwelling unit, except where Ancillary Quarters are approved per Chapter
21.80.
(Ord. 387 § 1, 1996)
"Residential, cluster development"
means a development design technique that concentrates buildings
in a specific area on a site to allow the remaining land to be used
for recreation, common open space, or preservation of environmentally
sensitive areas. where the density in the developed portions of the
site may be higher but the overall gross density is within that allowed
by the zone. Cluster development can include detached or attached
units as allowed by the zone subject to approval by the City Council
of a CUP.
(Ord. 387 § 1, 1996)
"Retail and service businesses"
means businesses which are oriented toward serving the needs
of residents or employees of the area.
Examples: (not inclusive) retail stores, banks and financial
institutions, administrative offices, professional offices, insurance
offices, barber and beauty shops, restaurants, florists, interior
decoration and home accessory shops, markets, grocery and fruit stores,
meat and delicatessen stores (provided no poultry or rabbits are kept
or slaughtered on the premises), liquor stores, clothing stores, jewelry
stores, cocktail lounges, plant nurseries (retail), radio appliances,
sales and repair, travel agencies, and variety stores.
(Ord. 387 § 1, 1996)
"Second dwelling unit"
means a secondary but independent living facility which is
located or established on the same lot as the primary residence. It
shall include permanent provisions for living, sleeping, eating, cooking
and sanitation. A second dwelling unit may be attached, and become
part of the main building on the premises, or be in a detached structure.
Second dwelling units are subject to the requirements of Chapter 21.80.
(Ord. 387 § 1, 1996)
"Secondary use"
means any use that is approved in conjunction with a primary
use that may be operated in conjunction with a primary use. A secondary
use does not alter the primary (principal) use of the subject lot
or affect other properties in the zone. Secondary uses may be approved
but subject to a Conditional Use Permit as defined within the appropriate
land use section of the Municipal Code.
(Ord. 482 § 1, 2001)
"Setback line"
means the line which defines the depth of the required front,
rear or side yard. The setback line shall be parallel with the property
line or street line removed therefrom by the perpendicular distance
prescribed for the yard in the zone in which the parcel is located.
The setback line shall be measured from the edge of the ultimate road
right-of-way as established in the circulation element of the General
Plan.
(Ord. 482 § 1, 2001; Ord. 387 § 1, 1996)
"Side yard"
means an open space contiguous to the side line of a lot
and extending from the required front yard to the required rear yard
or if no rear yard to the rear line of a lot and from the side line
to any building on said lot. In the case of a corner lot, the side
yard adjoining the street line shall extend the full length of the
lot.
(Ord. 387 § 1, 1996)
"Single room occupancy (SRO) units"
means a structure that provides living units that have separate
sleeping areas and some combination of shared bath or toilet facilities.
The structure may or may not have separate or shared cooking facilities
for the residents. SRO units include structures commonly called residential
hotels.
(Ord. 674 § 1, 2013; Ord. 734 § 3, 2021)
"Single housekeeping unit"
means the use of a dwelling unit that satisfies each of the
following criteria:
1.
The residents have established ties and familiarity and interact
with each other.
2.
Membership in the single housekeeping unit is fairly stable
as opposed to transient or temporary.
3.
Residents share meals, household activities, expenses, and responsibilities.
4.
All adult residents have chosen to jointly occupy the entire
premises of the dwelling unit; and they each have access to all common
areas.
5.
If the dwelling unit is rented, each adult resident is named
on and is a party to a single written lease that gives each resident
joint use and responsibility for the premises.
6.
Membership of the household is determined by the residents,
not by a landlord, property manager, or other third party.
7.
The residential activities of the household are conducted on
a non-profit basis.
8.
Residents do not have separate entrances or separate food-storage
facilities, such as separate refrigerators, food-prep areas, or equipment.
(Ord. 734 § 3, 2021)
"Solar energy systems"
mean: (1) Any solar collector, other solar energy device,
or photovoltaic cells whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for space heating,
space cooling, electric generation, or water heating; or (2) any structural
design feature of a building, whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for
electricity generation, space heating or cooling, or for water heating.
(Ord. 533 § 1, 2003)
"Special event"
means any commercial, paid or fund raising activity which
includes temporary parking, storage, placement, or construction of
displays, structures, facilities, machinery, or vehicles on public
property, private property designated for other uses in accordance
with City approval, or which may cause the capacity of existing City
approved facilities to be exceeded or which may temporarily require
significant public services.
Examples: (not inclusive) golf and tennis tournaments, major
conventions, temporary parking facilities (excluding temporary long-term
facilities, temporary long-term parking), automobile shows and auctions,
outdoor celebrations, demonstrations, art shows, festivals, religious
events, musical concerts, artistic shows and pageants, fireworks public
displays, and major sporting events.
(Ord. 387 § 1, 1996)
"Story"
means that portion of a building included between the surface
of any floor and the surface of the floor next above it; or if there
is no floor above it, the space between such floor and the ceiling
next above it.
(Ord. 387 § 1, 1996)
"Street"
means a public thoroughfare, avenue, road, street or other
public or private way providing the primary roadway to and egress
from the property abutting thereon.
(Ord. 387 § 1, 1996; Ord. 674 § 1, 2013)
(Ord. 674 § 1, 2013; Ord. 734 § 3, 2021)
A "temporary use"
is any commercial, paid or fund raising activity which includes
temporary parking, storage, placement, or construction of displays,
structures, facilities, machinery, or vehicles on public property,
private property designated for other uses in accordance with City
approval, or which may cause the capacity of existing City approved
facilities to be exceeded or which may temporarily require significant
public services or short-term activities or uses that are established
for a limited period of time.
Examples: (not inclusive) golf and tennis tournaments, major
conventions, temporary parking facilities, auctions, outdoor advertising
in conjunction with a temporary use, celebrations, award or recognition
ceremonies, demonstrations, art shows, festivals, religious events,
musical concerts, artistic shows, ice-rink shows, pageants, public
fireworks displays (aerial), hot-air balloon displays, trade shows,
or other related outdoor sales events, and other major sporting events.
(Ord. 482 § 1, 2001)
"Time share project"
means one in which a person or entity receives the right
or entitlement in perpetuity, for life or for a term of years or other
extended term of the recurrent, exclusive use, right to use or occupancy
of a lot, parcel, unit room(s), hotel or portion thereof, or segment
of real property annually or on some other seasonal or periodic basis,
for a period of time that has been or will be allotted from the use
or occupancy periods into which the time share program which is involved
has been divided. The right or entitlement to occupancy may attach
in advance to a specific lot, parcel, unit, room(s), or portion of
a hotel or segment of real property, or may involve designation or
selection of the same at a future time or times. The interest obtained
or owned by the occupant may be pursuant to a fee, lease, contractual
right of exclusive occupancy, vacation license, prepaid hotel, reservation,
club membership, limited partnership, vacation bond or otherwise.
(Ord. 482 § 1, 2001; Ord. 387 § 1, 1996)
(Ord. 674 § 1, 2013; Ord. 734 § 3, 2021)
"Use"
means the purpose for which land or a building is arranged,
designed or intended or for which either land or buildings are or
may be occupied or maintained.
(Ord. 387 § 1, 1996)
"Vehicle sales/service"
means the use of any building or land for a business or service
involved in the maintenance, sales, or repair of vehicles.
(Ord. 387 § 1, 1996)
"Watercourse"
means any facility designed and/or maintained for the purpose
of conveying water run-off. As used herein, the term shall refer to
the Whitewater Channel, the Deep Canyon Channel and all major tributaries
thereto.
If a question arises as to the application of this term within
the City limits, the City Engineer in consultation with the Community
Development Director and representatives of the Coachella Valley Water
district shall resolve the application.
(Ord. 387 § 1, 1996)
"Wind turbines"
mean any device that is categorized as a non-solar renewable
energy wind powered device that is used to generate output, grid connection,
direct hearing, pumping and/or electrical power for residential or
commercial use and has any moveable component such as, but not limited
to, blades, fins, turbine(s), welds or rotors.
(Ord. 650 § 1, 2011)
"Zone"
means a zoning district, as defined in the State Conservation
and Planning Act as shown on the City zone map and as defined and
used in this Zoning Code.
(Ord. 387 § 1, 1996)