The zoning in the City utilizes three (3) different components:
land use categories (also referred to as designations), planning areas,
and overlay zones. Each of the components serves a distinct function.
These functions are discussed below:
(a)
Land Use Categories. The first component of the zoning is the land
use category. Land use categories are used to provide precise development
standards and use regulations. This component establishes basic land
use categories, each of which has a set of standards and regulations.
The land use categories apply to specific parcels of land. Development
of land within each category must meet all the requirements relating
to that category, except as modified by the standards and regulations
pertaining to the planning area in which the land is located. The
zoning map of the City depicts the application of the land use categories.
(b)
Planning Areas. The second component of the zoning is the planning
area. This component establishes planning areas consistent with established
private communities (e.g. Vintage Country Club and Desert Horizons),
master planned resort developments (e.g. Sunrise), and contiguous
neighborhoods with common planning and use issues.
The planning areas are comprised of contiguous properties having
significant and definable inter-related planning and land use issues
which require uniform resolution in order to insure basic fairness
in application and administrative economy.
Each planning area is subject to the land use requirements and
development standards otherwise applicable under this Title, except
as specifically modified by regulations pertaining to the particular
planning area. In the event of any conflict between the standards
and regulations pertaining to a particular planning area and those
otherwise applicable under this Title, the former shall govern.
(c)
Overlay Zones. The third component of the zoning is the overlay zone.
This component establishes special regulations which are applied to
defined areas of specific concern, regardless of the underlying land
use category. These regulations take precedence over the other regulations
of this Title, except as otherwise indicated by the specific regulations
pertaining to a planning area.
(Ord. 387 § 1, 1996)
The chart on the following page shows a listing of the land
use categories established by this division. The land use categories
established by this division are defined and labeled in the chart.
The label is used for identification and reference.
|
LAND USE CATEGORIES - CHART
| ||||
|---|---|---|---|---|
|
CATEGORY
|
LABEL
|
DESIGNATION
|
DEVELOPMENT STANDARD
|
DEVELOPMENT CHARACTERISTICS
|
|
Residential
|
NPR
|
Natural Preserve
|
1 du/40 gross acres
|
Privately owned lands in the Santa Rosa Mountain range along
the southern half of City. Limited residential development is permitted
subject to restrictions of a Hillside Management Ordinance.
|
|
Residential
|
RVLD
|
Very Low Density
|
1 – 3 du/gross acre
|
Single family detached homes on large lots, often custom designed.
|
|
Residential
|
RLD
|
Low Density
|
3.1—4.5 du/gross acre
|
Single family detached subdivisions.
|
|
Residential
|
RMD
|
Medium Density
|
4.6—7.0 du/gross acre
|
Small lot, detached and/or attached single-family dwellings.
|
|
Residential
|
RMHD
|
Medium High Density
|
7.1—12.0 du/gross acre
|
Lower density town homes, condominiums and apartments. Would
accommodate congregate housing facilities for seniors.
|
|
Residential
|
RVLD/ GOLF/ CELL
|
Wireless Facility Overlay
|
|
Commercial Antenna per Section 21.48.080 that allows consideration of wireless facilities in conjunction with a clubhouse facility that has a land use designation of Residential Very Low Density Zone with Golf Course Overlay.
|
|
Commercial
|
CC
|
Community Commercial
|
0.75 FAR*
|
A wide range of facilities, including grocery stores, retail
shops and restaurants, resorts, and services, such as dry cleaners
and shoe repair.
|
|
Commercial
|
RC
|
Resort Commercial
|
0.25 FAR*
|
Resort hotels, resort complexes, and ancillary tourist commercial
uses and condo-hotels.
|
|
Commercial
|
PO
|
Professional Office
|
0.50 FAR*
|
Administrative and professional offices such as financial institutions,
medical/dental offices, law offices, and related commercial facilities.
|
|
Public/Quasi Public
|
PF
|
Public Facilities
|
|
Civic Center and other publicly-owned facilities.
|
|
Public/Quasi Public
|
PP
|
Public Parks/Recreation
|
|
Publicly-owned parks.
|
|
Open Space
|
GOLF
|
Golf Course Overlay
|
|
Overlay zone applied to public and private golf course facilities.
|
|
Open Space
|
WC
|
Watercourse
|
|
Areas subject to flood hazard (see definition, Section 21.08.477)
|
|
Open Space
|
POS
|
Public-Owned Open Space
|
|
Publicly-owned open space lands. Comprised predominantly of
Federal, State, and City-owned lands in the Santa Rosa Mountains.
|
|
Open Space
|
COS
|
Country Club Open Space
|
|
Privately-owned deed-restricted open space land.
|
|
Senior Housing
|
SHO
|
Senior Housing Overlay
|
|
Overlay zone applied to sites proposed for Senior Housing projects.
|
|
Affordable Housing
|
AHO
|
Affordable Housing Overlay
|
|
Overlay zone applied to sites proposed for Affordable Housing
projects.
|
|
Special Study Area
|
SSAO
|
Special Study Area Overlay
|
|
Overlay zone that allows alternative land use consideration
on sites that offer unique planning and/or economic opportunities.
|
|
Notes:
| |
|---|---|
|
*
|
Floor Area Ratio: A ratio of the floor area of
building permitted on a given building site. Example: 0.25 FAR would
permit a maximum of 10,000 square feet of building floor area on a
40,000 square foot building site.
|
(Ord. 387 § 1, 1996; Ord. 525 § 2, 2002; Ord. 584 § 2, 2006; Ord. 606 § 1, 2007)
This section includes a matrix which lists the uses and indicates whether or not each use is permitted (P) or conditional (C) in each land use category. Prohibited uses are represented by an (X). Conditional uses listed in this section must be applied for in accordance with Section 21.06.040, Conditional Use Permits. In the event any of the prohibitions of uses set forth is held invalid or inapplicable for any reason whatsoever, then such use shall be categorized by the Community Development Director and declared subject to a Conditional Use Permit. See Land Use Matrix Table on the following pages.
|
LAND USE MATRIX TABLE
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
TYPE
|
RESIDENTIAL
|
COMMERCIAL
|
PUBLIC
| ||||||||||
|
NPR
|
RVLD
|
RLD
|
RMD
|
RMHD
|
CC
|
RC
|
OP
|
SPX
|
PF
|
PP
|
WC
|
POS
| |
|
Accessory Structures
|
C
|
P
|
P
|
P
|
P
|
C
|
C
|
C
|
C
|
P
|
P
|
C
|
C
|
|
Agriculture
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
C
|
C
|
C
|
C
|
|
Amusement Arcades
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Amusement Park
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Antennas, Residential
|
X
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
C
|
C
|
X
|
X
|
|
Antennas, Commercial
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
|
Antennas, Commercial (RVLD w/Golf Course Overlay)
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Auto Service Stations
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Bar, Tavern, Cocktail Lounge
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Boarding House/Rooming House
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Caretakers Quarters
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
C
|
|
Churches
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Cigar Club, including with on-site alcohol sales
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Clinics
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Condominium Hotels
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Hotel Conversion to Condominium
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Conference/Convention Facility
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
C
|
X
|
X
|
X
|
X
|
|
Convalescent Home
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Country Clubs/Golf Courses
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
X
|
X
|
C
|
X
|
|
Day Care Center
|
X
|
X
|
X
|
C
|
C
|
C
|
C
|
C
|
X
|
C
|
X
|
X
|
X
|
|
Emergency Generator 15,000 Kilowatt or Less
|
X
|
P
|
P
|
P
|
P
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Government Facilities
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
C
|
C
|
X
|
C
|
|
Fraternal and Service Clubs
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Health Clubs
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Hospitals
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Hotel/Resort Hotel
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Large Family Day Care
|
X
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Library
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
|
Limited Deli
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Non-Commercial Banks
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Manufactured Structures
|
P
|
P
|
P
|
P
|
P
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Theater (Motion Picture Theater)
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Museums/Art Galleries
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
|
Offices—Admin./Business/Professional
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Private Educational Facilities
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Recreational Facilities/Non-Commercial
|
X
|
C
|
C
|
C
|
C
|
X
|
X
|
X
|
X
|
C
|
C
|
X
|
X
|
|
Residential/Attached
|
X
|
C
|
C
|
P
|
P
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Residential/Single-Family Detached
|
C
|
P
|
P
|
P
|
P
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Residential/Cluster Development
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Residential/Second Units
|
P
|
P
|
P
|
P
|
P
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Restaurants/Sit Down
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Retail and Service Businesses
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Small Family Day Care
|
X
|
P
|
P
|
P
|
P
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Sports Complex
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
|
Utility Buildings & Facilities
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
|
Vehicle Sales/Service
|
X
|
X
|
X
|
X
|
X
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Wind Turbines
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Uses defined in Chapter 5.24, Municipal Code, including bathhouses, escort services, introductory services, and massage parlors.
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Uses defined in Chapter 5.30, Sexually Oriented Businesses, including adult arcade, adult Cabaret, adult bookstore, adult motel, adult motion picture theater, adult theater, nude model studio, sexual encounter establishment.
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
RESIDENTIAL
|
COMMERCIAL
|
PUBLIC/QUASI PUBLIC
|
|
|---|---|---|---|
|
NPR - Natural Preserve
|
CC - Community Commercial
|
PF - Public Facilities
|
P = Permitted
|
|
RVLD - Very Low Density
|
RC - Resort Commercial
|
PP - Public Parks/Recreation
|
C = Conditional; Conditional Use Permit Required
|
|
RLD - Low Density
|
OP - Office Professional
|
WC - Watercourse
| |
|
RMD - Medium Density
|
POS - Public Open Space
|
|
X = Prohibited
|
|
RMHD - Medium High Density
|
SPX - Sports Complex
|
|
|
(Ord. 387 § 1, 1996; Ord. 399 § 2, 1997; Ord. 403 § 4, 1997; Ord. 448 § 3, 1999; Ord. 483 § 2, 2001; Ord. 537 §
1, 2003; Ord. 525 § 3, 2002; Ord. 584 § 2, 2006; Ord. 605 § 1, 2007; Ord. 606 § 1, 2007; Ord. 626 § 1, 2009; Ord. 650 §
2, 2011; Ord. 665 § 1, 2013; Ord. 702 § 1, 2017; Ord. 734 § 3, 2021)
The following overlay zones have been established by the City:
(a)
Golf Course. This overlay zone shall apply to all public and private
golf courses within the City to insure that they are operated and
maintained for their intended purpose, the playing of golf.
Within this zone, uses not directly related to the operation
and maintenance of the subject golf course shall be prohibited. Areas
so designated may be included within the gross acreage of a development
for purposes of calculating the communities' density. However, this
shall preclude the inclusion of lands having this designation as a
part of an adjoining private property so that areas so designated
shall not be included within the gross acreage of a single, separate
ownership lot for purposes of calculating the size of that lot for
zoning and/or building purposes.
(b)
Affordable Housing. This overlay zone shall apply to residential
properties only and shall indicate the City Council's intent to utilize
the developer incentives programs for the development of affordable
housing projects as set forth in Government Code Section 65915.
The City Council intends to negotiate development incentives with developers proposing affordable housing projects that contribute to meeting the City's affordable housing responsibility. The overlay zone shall be applied to specific sites, in accordance with Section 21.06.020, Zone Change.
The City Council will review with the prospective developer(s)
the following matters as incentives:
(1)
Fast track processing of development plans;
(2)
Waiver of City fees;
(3)
Land purchase subsidization;
(4)
Land acquisition and assembly;
(5)
Subsidizing of development costs;
(6)
Construction loan and/or permanent loan subsidization, directly or
indirectly;
(7)
Purchase mortgage assistance;
(8)
Renter assistance;
(9)
Direct City ownership and/or management;
(10)
Relaxation of City standards, including density increases of up to
twenty (20) units per acre in the low and medium density residential
zones;
(11)
Combinations of the above; and
(12)
Additional valid proposals submitted.
(c)
Senior Housing. This overlay zone shall apply to residential properties only and shall indicate the City Council's intent to utilize the developer incentives programs, negotiated on an individual basis with prospective developers, to provide for senior citizen housing in the City. The overlay zone shall be applied to specific sites, in accordance with Section 21.06.020, Zone Change.
The City Council will review with the prospective developer(s)
the following matters as incentives:
(1)
Fast track processing of development plans;
(2)
Waiver of City fees;
(3)
Land purchase subsidization;
(4)
Land acquisition and assembly;
(5)
Subsidizing of development costs;
(6)
Construction loan and/or permanent loan subsidization, directly or
indirectly;
(7)
Purchase mortgage assistance;
(8)
Renter assistance;
(9)
Direct City ownership and/or management;
(10)
Relaxation of City standards, including density increases;
(11)
Combinations of the above; and
(12)
Additional valid proposals submitted.
(d)
Special Study Area. This overlay zone shall apply to properties that offer the City unique planning and/or economic opportunities. The overlay zone shall be applied to properties in accordance with Section 21.06.020, Zone Change. The overlay zone establishes the City Council's intent to review alternative land use proposals that differ from those permitted by the base zone.
(Ord. 387 § 1, 1996; Ord. 606 § 1, 2007; Ord. 674 § 2, 2013)
That certain map entitled "Official Zoning Map of the City of
Indian Wells, California," the original of which map is on file with
the City Clerk, is adopted as the official zoning map of the City
and by this reference made a part of this Title. The zones and boundaries
of the zones as set forth on the map, are established and adopted
as shown in the map.
(Ord. 387 § 1, 1996)
In the event a dispute arises or ambiguity appears as to the
exact location of the boundary line of any district, the following
rules shall be applied in determining the exact location of such lines:
(a)
Where the boundary line as shown on the map is on, or approximately
on, or in close proximity to, the boundary of private property, or
the same abuts any public street, then such line shall be deemed to
be such boundary of such property line as the same now exists.
(b)
Where the boundary line traverses through private property and is
located on or approximately on, or in close proximity and parallel
to, boundary lines dividing property in different ownerships, or separating
separate parcels according to any duly recorded subdivision map, then
such lines shall be deemed to be located on such boundary lines separating
separate ownerships or on the boundary lines of separate parcels according
to such subdivision map.
(c)
Where a Golf Course Overlay Zone boundary line shown on a map is
on, or approximately on, or in close proximity to, a property line,
then such line shall be deemed to be the boundary of the said zone.
Golf course boundary interpretations shall be made by the Community
Development Director. Such interpretation may be appealed to the City
Council by any aggrieved party.
(Ord. 387 § 1, 1996)
(a)
Transitional housing and supportive housing are considered a residential
use of property and are subject to those restrictions that apply to
other residential dwellings of the same type in the same zone, in
accordance with Government Code Section 65583, subdivision (c)(3).
(b)
Supportive housing is a use by right in all zones where multifamily
and mixed uses are permitted, in accordance with Government Code Title
7, Division 1, Chapter 3, Article 11 (commencing with Section 65650).
(Ord. 734 § 3, 2021)
