City of Palm Springs, CA Introduction and Definitions

For the purpose of carrying out the intent of this Zoning Code, words, phrases, and terms shall be deemed to have the meaning ascribed to them in the following sections covering definitions.

When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. "And" indicates that all the connected words or provisions shall apply. "Or" indicates that the connected words or provisions may apply singularly but not in combination. The word "shall" is mandatory; the word "may" is permissive.

"Abut"

means as follows: two adjoining parcels of property with a common property line are herein considered as one parcel abutting the other, including where two or more lots adjoin only at a corner or corners, and except where the property line is located in a city public street right-of-way.

"Access or access way"

means the place, means, 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.

"Accessory building"

means a building, part of a building, or structure which is detached from the main building and the use of which is incidental to that of the main building structure or use on the same lot.

"Accessory use"

means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.

"Adjacent"

means near, close, or abutting; for example an industrial zone across a street or highway from a residential zone shall be considered "adjacent."

"Adjoin"

means the same as "Abut."

"Administrator"

means the zoning administrator, or the Director in the capacity of zoning administrator.

"Adult-use cannabis dispensary"

means a premises where Adult-Use Cannabis, Adult-Use Cannabis products, or devices for Adult-Use Cannabis or Adult-Use Cannabis products are offered, either individually or in any combination, for retail sale, and where the operator holds a valid adult-use cannabis business permit from the City of Palm Springs authorizing the operation of a dispensary, and a valid state license as required by State Law to operate a dispensary.

"Adult-use cannabis facility"

means any business or operation which engages in adult-use cannabis activity.

"Affordable housing"

means ownership or rental dwelling units affordable to households with extremely low, very low, low or moderate incomes as published periodically by HCD for households in Riverside County or equivalent as approved by the Director.

"Agricultural structure"

shall mean a structure used for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including livestock. The structure may be used for the storage of agricultural commodities and farm implements, and may also be used for the processing, manufacturing, testing, treatment, and packaging of agricultural products.

"Airport"

means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport building or facilities, including open spaces, taxiways and tie-down areas, hangars and other necessary buildings and open spaces.

"Alley"

means any dedicated way, intended for vehicular service to the rear or side of property served by a street. Buildings facing only on an alley shall not be construed as satisfying the requirements of this Zoning Code related to frontage on a dedicated street.

"Altered"

shall have the same meaning as "Structural alteration."

"Amendment"

means a change in the wording, context, or substance of this Zoning Code, as addition or deletion, or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed.

"Animal day care"

means a facility where care, recreation, supervision, and/or training is provided for animals for periods of less than 24 hours.

"Animal hospital"

means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

"Antique"

means an item of furniture or furnishings, utensils, equipment, objects of art, objects having aesthetic value, ornamental objects, curios and like objects of personal value, all of which by reason of age, antiquity, obsolescence or rarity, are valued principally for decorative, aesthetic or sentimental value or purpose, or as collector's items, as opposed to the utility value or purpose for which originally manufactured or produced. An antique shall have an age of at least 40 years.

"Apartment"

means a room or suite of two or more rooms with a single kitchen in a multiple-family dwelling, occupied or suitable for occupancy as a residence for one family.

"Apartment house"

means the same as "Dwelling, Multiple-Family."

"Apiary"

means a place where bees are kept, especially a collection of hives or colonies of bees kept for their honey and/or for pollination purposes.

"Assessor"

means the county assessor of the county of Riverside, or city officer handling the function of city real property assessment, as the case may be.

"Assisted living facility"

means a special combination of housing, supportive services, personalized assistance and health care licensed and designed to respond to the individual needs of those who need help with activities of daily living and instrumental activities of daily living. Supportive services are available 24 hours a day to meet scheduled and unscheduled needs in a way that promotes maximum dignity and independence for each resident and involves the resident's family, neighbors and friends, and professional caretakers.

"Attached"

means two structures which are structurally integrated with each other by supporting members.

"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 fuel and oils, lubrication, sale and service of tires, tubes, batteries and 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, or installation of auto glass.

"Automobile wrecking"

means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, but not including the incidental storage of damaged vehicles in connection with the operation of a repair garage.

"Basement"

means a story partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than 1/2 of its height is above the average level of the adjoining ground.

"Block frontage"

means all property fronting on one 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 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.

"Building"

means any structure that is completely roofed which is built and maintained for the support, shelter or enclosure of persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in "Structure, Temporary."

"Building coverage"

means the relationship between the ground floor area of the building or buildings and the net area of the site. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, in the opinion of the Director, shall not constitute a building for the purpose of this definition.

"Building height"

means the vertical distance plus 18 inches measured from the average grade at the curb adjacent to the property or from the top of the crown of the roadway if there is no curb, exclusive of exceptions permitted in Section 93.03.00. In the event of hillside lots, lots in excess of 20,000 square feet or lots where the approved pad height is greater than 18 inches above or below the curb level, the Director or planning commission may establish the point of measurement at a level higher or lower than the curb or crown of street. The building height for parcels in excess of 30,000 square feet shall be measured from adjacent natural grade unless otherwise established by the planning commission.

Building, main.

"Main building" means a building or buildings within which is conducted the principal use permitted on the lot, as provided by this Zoning Code.

"Building site"

means the ground area of a building together with all the open space required by this Zoning Code. A building site may encompass more than one lot.

Building, temporary.

"Temporary building" means the same as "Structure, Temporary."

"Cabana"

means any portable, demountable or permanent cabin, small house, room, enclosure or other building or structure erected, constructed or placed on a trailer space and used in conjunction with a residential trailer. Such structure shall not be used for sleeping purposes. A cabana shall mean the same as a "ramada."

"Cannabis cultivation facility"

means a facility where cannabis is cultivated and processed only for distribution to a licensed Cannabis Facility. A Cannabis Cultivation Facility includes cannabis nurseries.

"Cannabis dispensary"

means a premises where Cannabis, Cannabis products, goods, or devices for Cannabis products or goods are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to MAUCRSA, Cannabis and Cannabis products, goods or devices as part of a retail sale and where the operator holds a valid administrative cannabis permit from the City of Palm Springs authorizing the operation of a dispensary, and a valid state license as required by State Law to operate a dispensary.

"Cannabis facility"

means any business or operation which engages in cannabis activity, as defined in Chapter 5.55 of this Code.

"Cannabis lounge"

means a discrete facility where Cannabis and Cannabis products or goods may be smoked or ingested within the confines of the facility.

"Cannabis manufacturing facility"

means a facility where cannabis is processed, extracted, or compounded into cannabis products or goods intended for consumption, inhalation, or topical application, including a facility that packages or repackages cannabis products or goods, where the operator holds a valid permit for manufacturing from the City of Palm Springs, and a valid state license as required by State Law for manufacturing.

"Cannabis testing facility"

means a facility, entity, or site that offers or performs testing of cannabis or cannabis products and that is both of the following:

Accredited by an accrediting body that is independent from all other persons involved in any segment or aspect of the cannabis industry in the state; and

Registered with the California State Department of Public Health.

"Cannabis transportation and distribution facility"

means a facility for the procurement, sale, storage, transfer and transport of cannabis and cannabis products or goods between entities licensed pursuant to this chapter.

"Carport"

means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile storage for the occupants of the premises and may include enclosed storage lockers for such occupants.

"Car wash"

means a lot or portion of a lot used for the washing, waxing and/or polishing of motor vehicles. Such use may include interior cleaning of vehicles such as vacuuming, but shall not include other uses associated with an "Automobile service station."

"Child care center"

means any establishment, activity or use of a site providing group day care services (less than 24 hours) for children other than those residing on-site including a day nursery, play group, after-school group, preschool group or kinder college.

"City"

shall mean the city of Palm Springs.

"City manager"

means the city manager of the city of Palm Springs or the designee or designees of the city manager.

"Classic automobile"

means an automobile which, by reason of age, antiquity, obsolescence or rarity, is valued principally for aesthetic or sentimental value, or as a collector's item, and which has a value greater than the utility value when originally manufactured or produced. Such automobile shall be in a new or near-new condition and have a value of at least $5,000. This definition may include vintage, antique and special interest automobiles.

"Clothes cleaning and dyeing plant"

means a plant wherein clothing and used fabrics are cleaned and dyed and where volatile materials are used in the process. Such use is defined as light industrial.

"Clothes cleaning establishment"

means a commercial use wherein clothes cleaning is incidental to a laundry pickup establishment, launderette, or a coin-operated dry cleaning service, and where nonvolatile materials are used in the process.

"Club"

means an association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service carried on as a business for profit.

"Coin-operated cleaning service"

means any premises wherein coin-operated dry cleaning machines with a capacity not to exceed eight pounds, using nonvolatile materials provide a retail service similar to that provided at a self-service "Launderette."

College, trade.

"Trade college" means the same as "School, Trade."

"Columbarium"

means a structure of vaults lined with recesses for cinerary urns.

"Commercial recreation (indoor)"

means an enclosed facility or area for sport, entertainment, games of skill or recreation that is open to the general public for a fee. The term includes without limitation arcades, billiard parlors, bowling alleys, roller/ice skating rinks, and video arcades.

"Commercial recreation (outdoor)"

means an outdoor facility or area for sport, entertainment, games of skill, or recreation that is open to use by the general public for a fee. The term includes without limitation amphitheaters, batting cages, golf courses, golf driving ranges, miniature golf, sports facilities, swimming pools, tennis courts, and water parks.

"Commission"

means the planning commission of the city of Palm Springs.

"Compensation"

means anything of value given or received in return for some item or service.

"Condominium"

means an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as further defined in Section 1351(f) of the California Civil Code.

"Condominium hotel" or "condo-hotel"

means a commercial condominium project with units within a hotel or resort hotel that are individually owned.

"Condominium hotel manager"

means a single qualified professional management entity to maintain and operate the hotel or resort hotel.

"Condominium hotel unit" or "condo-hotel unit"

means any unit within a condominium hotel. A condominium hotel unit is a commercial use and therefore may not be considered a permanent residence.

"Condo-hotel unit owner" or "unit owner"

means an individual, group of individuals, or other entity that acquires any ownership interest in, and holds title to, one or more condominium hotel units.

"Conservatory"

means a school specializing in one of the fine arts.

"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.

"Convenience food and sundries store"

means a business selling a limited range of food, beverage, drug goods, hardware, house goods, auto products, and often including ready to consume food and beverage products for consumption off the premises.

"Cooking facilities"

means appliances that are designed and utilized for preparing or cooking food that include the following: ovens, ranges, stoves, cooktops, built-in microwaves. Cooking facilities do not include refrigerators, countertop microwaves, hot plates, and sinks.

"Council"

means the city council of the city of Palm Springs.

"County"

means the county of Riverside.

"County recorder"

means the county recorder of the county of Riverside.

"Cul-de-sac lot"

means the same as "Lot, Cul-de-Sac."

"Curb level"

means the level of the established curb at the center or the front of the building. Where no curb level has been established, the city engineer shall establish such curb level or its equivalent for the purpose of this Zoning Code.

"Curve lot"

means the same as "Lot, Curve."

"Day care, small"

means regularly provided care and supervision of eight or fewer children in the provider's own home for periods of less than 24 hours. The total number of children shall include those children under the age of 10 who reside at the home.

"Day care, large"

means regularly provided care and supervision of nine to 14 children, inclusive, in the provider's own home including those children under the age of 10 who reside at the home.

"Department"

means the development of planning services, unless otherwise specified herein.

"Department store"

means a store divided into separate departments carrying a great variety of goods, including major appliances and large items of furniture.

"Development permit"

means the review by the planning commission of a site plan and other studies to assist the commission to determine the manner in which the applicant intends to make use of a property. The provisions of Section 94.04.01 shall apply.

"Director" or "planning director"

means the director of the development of planning services of the city of Palm Springs or the city manager's designee.

"Dormitory"

means a building intended or used principally for sleeping accommodations, where such building is related to an educational or public institution, including religious institutions and fraternities and sororities.

"Downtown"

means that portion of the city within the boundaries of Alejo Road on the north, Ramon Road on the south, Belardo Road/Museum Drive on the west and Indian Canyon Drive on the east. This area includes both sides of Palm Canyon Drive, Amado Road, Andreas Road, Tahquitz Canyon Way, Arenas Road and Baristo Road within such boundaries.

"Drive-through facility"

means any building which provides an outdoor service window where a service or retail transaction may be conducted by the driver of a vehicle without leaving the vehicle.

"Dump"

means a place used for the disposal, abandonment or discarding by burial, incineration, or by any other means, of any garbage, sewage, trash, refuse, rubble, waste materials, offal or dead animals. Such use shall not involve any industrial or commercial process.

"Dwelling"

means a building or portion thereof designed exclusively for residential occupancy, including one-family and multiple-family dwellings, but not including hotels, boarding or lodging houses, or mobilehomes or trailers, except when installed on a permanent foundation, or motorized homes.

Dwelling, multiple-family.

"Multiple-family dwelling" means a building containing two or more dwelling units or containing a combination of two or more dwelling units on one lot or parcel.

Dwelling, single-family.

"Single-family dwelling" means a detached building designed primarily for the use of a single family.

"Dwelling unit"

means one or more rooms and a single kitchen in a single-family dwelling, apartment house or hotel designed as a unit for occupancy by one family for living and sleeping purposes. Also see "Rental unit."

"Educational institutions"

means public and other nonprofit institutions conducting a regular academic instruction at kindergarten, elementary, secondary and collegiate levels and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either: (a) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or (b) confer degrees as a college or university of undergraduate or graduate standing, or (c) conduct research, or (d) give religious instruction. This definition does not include commercial or trade schools.

"Electric vehicle" or "EV"

means an automotive-type vehicle for on-road use, such as passenger automobiles, trucks, vans, neighborhood electric vehicles, electric motorcycles, and similar vehicles, powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, or other source of electric current. Plug-in hybrid vehicles (PHEV) are considered electric vehicles.

"Electric vehicle charging space" or "EV charging space"

means a parking space with dedicated electric vehicle charging equipment and intended for the charging of electric vehicles.

"Fairway lots"

means lots which are a portion of a golf course development and have their rear or side yard abutting the golf course fairway.

"Family"

means an individual or two or more persons living together as a single housekeeping unit in a single dwelling unit.

"Federal"

means the government of the United States of America.

"First class hotel standard"

means a standard of physical features of and operational (service expectations) aspects for a hotel or resort hotel that meets or exceeds the criteria established for the American Automobile Association ("Association") "four diamond" or "four star" properties. Should this Association cease to exist or to publish physical and/or operational criteria, for hotels, or where otherwise necessary to further the purposes of this chapter, the Director may utilize a similar set of criteria that he or she finds will meet the intent of this definition. The first class hotel standard shall also include, without limitation, operation of the hotel or resort hotel on a seven day a week basis, with sufficient room service, housekeeping (including housekeeping of the individual units), food and beverage service, concierge, parking, bellman, banqueting, and meeting services.

"Floor area"

means the total horizontal area of all floors included within the exterior surface of the surrounding exterior walls of a building or portion thereof, exclusive of elevator shafts, light and stairwells, and other similar features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

"Floor area ratio"

means the ratio of gross building floor area to total lot area. Example: two square feet of gross floor area for each three square feet of total lot area would result in a floor area ratio of 2:3.

"Footcandle"

shall mean a measurement unit used in determining lighting levels.

"Freeway"

means a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. For the purposes of this Zoning Code, the word "freeway" shall include the "expressway."

"Frontage"

means that portion of a parcel of property which abuts a public or approved private street or highway, measured along the future street line as indicated on the general plan.

Garage, private.

"Private garage" means a detached accessory building or a portion of a main building on the same lot for the parking or temporary storage of vehicles of the occupants of the premises.

Garage, public.

"Public garage" means any garage other than a private garage.

Garage, repair.

"Repair garage" means a building other than a private garage used for the care, repair or equipment of automobiles.

Garage, storage.

"Storage garage" means any premises, used exclusively for the storage of vehicles.

"General plan"

means the general plan for the city of Palm Springs, consisting of all general plan maps and reports, adopted by the city council.

"Glare"

shall mean a harsh dazzling light.

"Golf course"

means a lot or portion of a lot used for the playing of golf, including pitch-and-putt courses, but shall not include driving ranges, miniature golf courses or other similar commercial enterprises, unless expressly permitted in the Zoning Code.

"Gross area"

means the total horizontal area within the lot lines of a lot or parcel of land before public streets, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

"Guest"

means any transient person who occupies a room for sleeping purposes.

"Guest house"

means the same as "Dwelling, Guest."

"Guest ranch"

means a hotel, including all accessory buildings and commercial uses operated primarily for the convenience of the guests thereof, having a building site or hotel grounds containing not less than five acres.

"Guest room"

means a room which is designed to be occupied by one or more guests for sleeping purposes, not including dormitories.

"High-rise buildings"

means a building or structure which exceeds 35 feet in height.

"Highway"

means a street shown as a freeway, major or secondary highway on the general plan for the city.

"Home improvement center"

means a retail establishment providing the sale or rental of building supplies, construction equipment, nursery plants or home decorating fixtures and accessories. A home improvement center does not include industrial applications such as contractor's supply, wholesaling, bulk building supplies, or industrial type uses, such as milling, planing, and major cutting of lumber or cutting or threading of pipe.

"Hospital"

means a building or group of buildings wherein clinical, temporary and emergency room services of a medical and or surgical nature are provided to patients on an inpatient and outpatient basis. The use may include related accessory facilities such as laboratories, outpatient services, training facilities, and staff facilities.

"Hotel"

means any building or portion thereof containing five or more guest rooms used by five or more guests, for compensation, where provision for cooking may be made in a limited number of individual suites, and which rooms are designed and intended as temporary or overnight accommodations. The hotel use may also include limited accessory uses, primarily for the convenience of hotel guests. Also see "Hotel, Resort."

Hotel, resort.

"Resort hotel" means a full-service hotel containing 100 or more guest rooms. Such hotel may have accessory commercial and recreational uses operated primarily for the convenience of the guests thereof, in accordance with the provision of Section 92.05.01(A)(2) of this Zoning Code.

"Indian land"

means any real property, including water rights, belonging to any Indian or to the Agua Caliente Band of Cahuilla Indians that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States, as well as any structures erected on such realty, located within the boundaries of the city of Palm Springs.

"Industry"

means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

"Industrial park"

means the same as "planned industrial park."

Interior court, residential.

"Residential interior court" means the open area between residential structures with facing windows.

"Junk"

means any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and, without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.

"Junk yard"

means any lot, or the use of any portion of a lot, for the dismantling of machinery (not including motor vehicles) or for the storage of keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage of keeping of junk, including scrap metals or other scrap materials. No burning shall be permitted. For motor vehicles, see "Automobile wrecking."

"Kennel"

means any lot or premises on which four or more dogs or cats at least four months of age, are kept, boarded or trained, whether in special buildings or runways or not.

"Key lot"

means any lot where the side property line abuts the rear property line of one or more lots and where such lots are not separated by an alley or any other public way.

"Kitchen"

means any room in a building or dwelling unit which is used for cooking or preparation of food.

"Landscaping"

means the planting and continued maintenance of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust-free materials. An adequate irrigation system is required.

Landscaping, screen.

"Screen landscaping" means the planting and continued maintenance of a compact screen of evergreen shrubbery forming a physical barrier or enclosure not less than six feet in height, composed of materials selected from the city's list of acceptable screen landscaping plant materials. Minimum size of materials planted shall be as specified on the city list. An adequate irrigation system is required.

"Launderette"

means a business premise equipped with individual clothes washing and drying machines either coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

"Laundry"

means a premises where clothing and fabrics are washed, other than a launderette and is defined as an industrial use.

"Lesser restrictive use in more restrictive district"

means the expressed enumeration and authorization in this Zoning Code of a particular class of building or use in any district shall be determined a prohibition of such building or use in all more restrictive districts except as otherwise specified.

"Living area"

means the interior habitable area of a dwelling unit including basements, attics and mezzanines, but does not include a garage or non-habitable accessory structure.

"Loading space"

means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent means of ingress and egress.

"Lot"

means:

A parcel of real property with a separate and distinct number of other designation shown on a plat recorded in the office of the county recorder.

A parcel of real property delineated on an approved record of survey, parcel map or subdivision map, in conformance with applicable state and local subdivision laws in effect at the time of its creation, as filed in the office of the county recorder or in the office of the planning department, and abutting at least one public street or right-of-way, or easement determined by the commission to be adequate for the purpose of access.

Lot, corner.

"Corner lot" means a lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an "interior lot."

"Lot coverage"

means the percentage of lot area covered by all buildings and structures. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, in the opinion of the Director, shall not constitute a building for the purpose of this definition.

Lot, cul-de-sac.

"Cul-de-sac lot" means a lot fronting on, or with more than 1/2 of its lot frontage on, the turnaround end of a cul-de-sac street.

Lot, curve.

"Curve lot" means a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of 250 feet or less.

"Lot depth"

means the horizontal distance between the front and rear lot-lines measured in the mean direction of the side lot lines.

Lot, flag.

"Flag lot" means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip to the frontage street. The access strip of each lot shall not be considered in calculating the minimum lot area and dimension requirements of subject lot.

Lot, hillside.

See Section 93.13.00(A) of this Zoning Code.

Lot, interior.

"interior lot" means a lot other than a corner or reversed corner lot.

"Lot line"

means any line bounding a lot as defined in this section.

Lot line, side front.

"Side front lot line" means any lot line not a front lot line or a rear lot line which abuts a street.

Lot line, front.

On an interior lot, the "front lot line" is the property line abutting the street except in those cases where the latest tract deed restrictions specify another line as the front lot line. On a corner or reversed corner lot, the "front lot line" is the shorter property line abutting a street, unless the Director determines an alternate development pattern exists and/or there is just reason to define the longer property line as the front line. On a through lot or a lot with three or more sides abutting a street or a corner or reversed corner lot with lot lines of equal length, the director shall determine which property line shall be the front lot line, for purposes of compliance with yard and setback provisions of this Zoning Code.

Lot line, interior.

"Interior lot line" means a lot line not abutting a street.

Lot line, rear.

"Rear lot line" means a lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than 10 feet; a lot which is bounded on all sides by streets may have no rear lot line.

Lot, reversed corner.

"Reversed corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.

Lot line, side.

"Side lot line" means any lot line not a front lot line or rear lot line.

Lot lines, zone boundaries.

Where the district boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks or lots, the zoning boundaries shall be construed to be lot lines; and where the indicated boundaries on the zoning map are approximate lot lines, such lot lines shall be construed to be the boundaries of such districts, unless said boundaries are otherwise indicated on the map. Where a zone boundary, as shown on the zoning map, divides a lot in single ownership at the time of passage of this Zoning Code, the use, height and area regulations of the less restrictive portion of such lot shall be construed as extending to the entire lot; provided, such lot does not extend more than 50 feet beyond such boundary line.

Lot, through.

"Through lot" means a lot having frontage on two dedicated parallel or approximately parallel streets.

"Lot width"

means the average 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.

"Marquee"

means a roofed structure or awning or canopy attached to the building.

"Medical or adult-use cannabis transportation and distribution facility"

means a facility for the procurement, sale, storage, transfer and transport of cannabis and cannabis products between entities licensed pursuant to this chapter.

"Medical or adult-use cannabis cultivation facility"

means a facility where cannabis is cultivated and processed only for distribution to a licensed Medical or Adult-Use Cannabis Facility.

"Medical or adult-use cannabis manufacturing facility"

means a facility where cannabis is processed, extracted, or compounded into edible or topical products intended for consumption, inhalation, or topical application, including a facility that packages or repackages cannabis products, where the operator holds a valid permit for manufacturing from the City of Palm Springs, and a valid state license as required by State Law for manufacturing.

"Medical or adult-use cannabis testing facility"

means a facility, entity, or site that offers or performs testing of medical or adult-use cannabis, or medical or adult-use cannabis products and that is both of the following:

Accredited by an accrediting body that is independent from all other persons involved in any segment or aspect of the cannabis industry in the state; and

Registered with the California State Department of Public Health.

"Mini-warehouse"

means a facility designed and operated for the storage of goods in individual compartments or rooms, which are available for use by the general public on a rental or lease basis. In no case shall storage spaces be used for manufacturing, retail, or wholesale selling compounding, office functions, other business or service uses, or human habitation. A mini-warehouse shall not include the following facilities:

No water, sanitary facilities or electricity, with the exception of lighting fixtures, shall be provided in individual storage spaces, unless otherwise approved by the planning commission;

Prefabricated shipping containers shall not be used as mini-warehouse facilities, unless specifically approved by the planning commission.

In addition, the following materials shall not be stored in mini-warehouses:

Flammable or explosive matter or materials;

Material which creates obnoxious dust, odor or fumes; or

Hazardous or extremely hazardous waste.

"Mixed-use development"

means a development type where residential uses and commercial and/or civic uses are integrated within a single building or a single development, and where the uses share pedestrian access, vehicular access, parking functions, or any combination thereof.

"Mobilehome"

means a portable structure built upon a semi-trailer chassis designed to be used as a permanent dwelling unit for human habitation.

"Mobilehome park"

means an area or tract of land where one or more mobile home lots are sold, rented or leased to accommodate mobile homes and any associated accessory structures or uses.

"Motorized home"

means a structure designed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for travel, recreation and vacation uses.

"Multiple-family dwelling"

means a building designed for or occupied by two or more families living independently of each other.

"Net lot area"

means the total horizontal area within the lot lines of a lot or within the property lines of a lot or parcel, and after all streets and other dedications have been complied with and to which development standards of this Zoning Code shall apply. For hillside lots, the calculation of net lot area does not include those portions of the lot in excess of 30% slope.

"Nonconforming building"

means a structure or portion thereof lawfully existing at one time, but which does not conform to the zone in which it is located due to a later adopted height, area or dimension regulations. See Section 94.05.03 for regulations.

"Nonconforming lot"

means a parcel of land having less area, frontage or dimensions than required in the zone in which it is located. See Section 94.05.02 for regulations.

"Nonconforming use"

means a use lawful when established but, which does not conform to subsequently established zoning or zoning regulations. See Section 94.05.04 for regulations.

"Nursery school"

means child care center.

"Open space"

means any parcel or area of land or water which is set aside, dedicated, designated, or reserved for public use or for the private use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may include natural areas, parks, trails, sidewalks, landscaped medians, swimming pools, recreational facilities, water features, drainage facilities, and similar features and amenities, but shall not include streets, driveways, parking lots, or habitable buildings.

"Open space, common"

means open space that is designed and intended for the common use or enjoyment by residents, guests, or members of the general public.

"Open space, private"

means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

"Parcel of land"

means the same as "Lot."

Parking area, private.

"private parking area" means an open area, located on the same lot with a dwelling or apartment for the parking of four or less automobiles of the occupants of such buildings.

Parking area, public.

"public parking area" means an open area, other than a street, or a private parking area, used for the parking of five or more automobiles.

Parking space, automobile.

"Automobile parking space" means space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office and working areas, for the parking of one automobile.

Parking space, covered.

"Covered parking space" means an "automobile parking space" which is located completely under a roof structure.

"Pawn shop"

means an establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property, and as further defined in California Financial Code Section 21000. It does not include the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the state of California. Such establishments are subject to the provisions of Chapter 5.44 of the Municipal Code.

"Personal services"

means a facility for the sale or provision of general personal services. This use:

Includes such services as barber/beauty shop, dry cleaners, hair salon, nail salon, photography studios, shoe repair, tailor, tanning salon, watch/jewelry repair, and other similar personal service uses.

Does not include uses that are otherwise listed in Chapter 92.

"Personal use"

means the use or occupancy of a unit by a condo-hotel unit owner, or by a guest of a condo-hotel unit owner, or when a guest of a condo-hotel unit owner does not rent and pay for a condo-hotel unit through the condominium hotel manager or entity approved by the city pursuant to Section 93.15.10, provided, however, that no provision herein shall be deemed to permit a timeshare, fractional, or other vacation ownership unit.

"Planned industrial park" (or "organized industrial district")

means an industrial subdivision developed according to a comprehensive site plan to provide serviced sites for manufacturing plants, distribution warehouses and similar uses. Adequate control of the tract and buildings is provided, in order to maintain aesthetic values and to protect the investments of developers of the park, of the occupying industries, of neighboring developments, and of the community as a whole.

"Premises"

means the land and any structures erected on it or the defined space within a building assigned to a single occupancy.

"Property line"

means the same as "Lot line."

"Provisions"

means and includes all regulations and requirements referred to in the text of this Zoning Code.

"Quarry," "sand pit" or "gravel pit"

mean a lot or land or part thereof used for the purpose of excavating sand, gravel, limestone, marble or other such nonmetallic materials, but shall not include oil wells or shaft mine operations and shall be exclusive of a process of grading a lot preparatory to the construction of a building for which application for building permit has been made.

"Quasi-public use"

means a use owned or operated by a nonprofit, religious or philanthropic institution and providing educational, cultural, recreational, religious, health care or similar types of programs.

"Radio transmitter"

means the same as a radio tower, including broadcasting studio facilities and any other equipment necessary in the operation of a radio station.

"Ramada"

means a roofed area open on all sides.

"Receiving site"

means a site which receives density pursuant to the provisions of this code.

Recreational facilities, commercial.

"Commercial recreational facilities" means any use or development, either public or private, providing amusements, pleasure or sport, which is operated or carried on primarily for financial gain, including, but not limited to, bowling alleys, skating rinks and billiard parlors.

"Recreational vehicle"

means a structure, with or without motive power, such as a travel trailer, pickup camper or motorized home, designed for temporary, short-term human habitation for recreational purposes.

"Recreational vehicle park"

means an area designed to accommodate recreational vehicles including tents and tent trailers on a temporary basis.

"Recycling collection center"

means a nonpermanent structure or facility operating as a collection point to purchase or collect aluminum cans, newspapers, bottles, and/or used thrift goods to be recycled and reused at another location. All collected materials shall be completely enclosed.

"Religious institution"

means any facility operated by religious organizations for worship or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools. "Religious institution" also includes any ancillary uses on the same site, such as living quarters for ministers and staff, and child day care facilities accessory to the religious facility itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals, and other potentially related operations (for example, a recreational camp) are classified according to their respective activities.

"Rental unit"

means a room and bath with a separate entrance.

"Residence"

means a building used, designed or intended to be used as a home or dwelling place for one or more families.

"Resort hotel"

means the same as "Hotel, Resort."

"Restaurant"

is a comprehensive term meaning a building or room where food is prepared and served to the general public on the retail level. Some types of establishments included with the term restaurant (some of which are further defined in this chapter) are cafes, cafeterias, coffee houses, coffee shops, dinner houses, drive-in or drive-through restaurants, fast food service establishments, fountain lunches, lunchrooms, pancake and waffle houses, sandwich shops and tea rooms.

"Cafeteria"

means where food primarily is pre-prepared (not cooked to order) and served to the customer by direct visible selection, for consumption principally (but not necessarily exclusively) upon the premises.

"Coffee shop"

means where food, generally cooked to order, is served to the customer seated at a table or counters for consumption principally (but not necessarily exclusively) upon the premises, the establishment being open for all three meals of the day, and sometimes on a 24 hour basis.

"Dinner house"

means where meals are generally cooked to order and served to the customers seated at tables or counters for consumption on the premises, and the establishment is open for service of the dinner meal only, although it may also be open for service of the midday meal.

"Drive-through restaurant"

means any building which provides an outdoor service window where food and/or beverages may be obtained by the driver of a vehicle without leaving his vehicle and where consumption of the food and/or beverage obtained is primarily off the premises. A drive-through restaurant shall not mean a drive-in facility where consumption of food and/or beverages takes place primarily within the patron's vehicle on the premises.

"Fast food service establishment"

means where food not displayed for selection as in a cafeteria, and which food may or may not be cooked to order or be pre-prepared, is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers.

"Convenience food and beverage service"

means the same as a "fast food service establishment" except that the preparation of food shall not require a full kitchen nor a grease trap.

"Retail sales use"

means a retail facility for the sale of new merchandise to the general public for direct consumption. This use:

Includes such retail sales as apparel stores, art galleries, bakeries (without onsite dining facilities), department stores, drug stores, florist shops, gift stores, jewelry stores, pet shops (without kennel facilities), picture framing studios, tobacco stores, and other similar retail sales uses.

Does not include the sale of wholesale goods.

Does not include uses that are otherwise listed in Chapter 92.

"Retail store"

means a business of selling goods, wares or merchandise directly to the ultimate consumer.

"Rezoning"

means the same as "Zone, Change of."

"Room"

means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.

School, trade.

"Trade school" means private schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, beauticians and barber colleges, electronics schools, automotive and aircraft technicians schools, and similar commercial establishments operated for a profit.

"Sending site"

means a site which has received a certification by the Director of density eligible for transfer to another site pursuant to the provisions of this code.

"Service station"

means the same as "Automobile service station."

Setback line, front yard.

"Front yard setback line" means the line which defines the depth of the required front yard. The setback line shall be parallel with the street line or the line established by the general plan or setback ordinance, and be removed therefrom by the perpendicular distance prescribed for the front yard in the zone.

Setback line, rear yard or side yard.

"Rear yard or side yard setback line" means the line which defines the width or depth of the required rear or side yard. The setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in "Setback Line, Front Yard."

"Short term transient"

means the same as "Transient, Short Term."

Sign.

See Section 93.20.03, Definitions.

"Site plan"

means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. See Section 94.04.00 for requirements.

"Spa"

means a facility which provides an integrated combination of fitness, beauty, rejuvenation and relaxation programs. A primary use spa is one where the minimum facilities provided shall be a beauty salon, and steam room and/or sauna, showers and therapy pool, and sequestered rooms for massage and body treatments. An accessory use spa is one where the focus is relaxation and therapeutic programs rather than fitness and beauty. If a facility is an accessory use spa, the provision for minimum facilities is not required.

"Specialty market place"

means the use, rental or lease of stalls or areas inside of an enclosed building by vendors offering new goods or materials, or antiques, for sale. Where permitted, such goods or materials offered for sale shall be those ordinarily offered for sale by the permitted uses in the zone in which the specialty market place is located.

Stable, commercial.

"Commercial stable" means a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.

Stable, private.

"Private stable" means a detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale.

"State"

means the state of California.

"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 be no floor above it, then the space between such floor and the ceiling next above it. See also "basement."

"Street"

means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, or approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property including venue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this Zoning Code. The word "street" shall include all major and secondary thoroughfares, collector streets, and local streets.

"Street, centerline"

means the centerline of a street right-of-way as established by official surveys.

Street, local.

"Local street" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a freeway, major or secondary thoroughfare or collector on the general plan for the city.

"Street line"

means the boundary line between street right-of-way and abutting property. See also "Future street line."

Street, side.

"Side street" means that street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot.

"Structural alteration"

means any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.

"Structure"

means anything constructed or erected and the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including awnings and patio covers, but excluding walls and fences six feet in height or less, and outdoor areas such as uncovered paved areas, patios, walks, tennis courts, and swimming pools.

"Structure, advertising"

means the same as "Advertising structure."

Structure, temporary."Temporary structure"

means a structure which is readily movable and use or intended to be used for a period not to exceed 18 months. Such structure shall be subject to all applicable property development standards for the zone in which it is located.

"Swap meet"

means the use, rental or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, art exhibits or farmer's markets.

Swimming pool, private.

A "Private swimming pool" means and includes all pools which are used or intended to be used in connection with a single-family residence, and available only to the family or householder and his private guests.

Swimming pool, public or semi-public.

A "Public" or "Semi-public swimming pool" means any pool other than a private swimming pool.

"Tandem parking"

means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another.

"Thrift shop"

means a retail store selling goods, wares or merchandise, the majority of which have been previously sold at the retail level.

"Trailer"

means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.

"Transient"

means a person who is receiving accommodations for a price, with or without meals, for a period of not more than 180 continuous days in any one year.

"Transient, short term"

means a person who is receiving accommodations for a price, with or without meals, for a period of not more than 28 continuous days in any one year, as described in Chapter 3.28 of the Palm Springs Municipal Code.

"Transportation terminals"

means facilities for loading, unloading, and transferring passengers, baggage, and incidental freight between modes of transportation. This classification includes but is not limited to bus terminals and public transit stations.

"Truck and trailer sales lot"

means an open area where trucks or trailers are sold, leased or rented, and where no repairs, repainting or remodeling is done.

"Uptown"

means that portion of the City within the boundaries of Alejo Road on the south, Vista Chino on the north, the west side of Palm Canyon Drive on the west, and Indian Canyon Drive on the east.

"Use"

means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

"Used"

includes the words "arranged for," "designed for," "occupied," or "intended for."

"Wall" or "fence"

means any structure or device not including landscape features, forming a physical barrier. This shall include concrete, concrete block, wood, metal, or other materials that are so assembled as to form a barrier. Where a solid wall is specified, 100% of the vertical surface shall be closed, except for approved gates or other access ways. Where a masonry wall is specified, the wall shall be concrete block, brick, stone or other masonry material and 100% of the vertical surface shall be closed, except for approved gates or other access ways.

"Warehousing"

means a building or buildings used for the storage of goods of any type, when such building or buildings contain more than 500 square feet of storage space and where no retail operation is conducted. See also "Wholesaling."

"Wholesaling"

means the selling of any type of goods for purposes of resale, including incidental storage and distribution.

"Yard"

means any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this Zoning Code.

Yard, front.

"Front yard" means a space between the front yard setback line and the front lot line or future street line, and extending the full width of the lot.

Yard, rear.

"Rear yard" means a space between the rear yard setback line and the rear lot line, extending the full width of the lot.

Yard, side.

"Side yard" means a space extending from the front yard, or from the front lot line where no front yard is required by this Zoning Code, to the rear yard, or rear lot line, between a side lot line and the side yard setback line.

"Youth center"

means any public or private facility that is primarily used to host educational, recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, youth dance studios, or other similar facilities offering services and programs to minors.

"Zone"

means a zoning district, as defined in the State Conservation and Planning Act, shown on the zoning map to which uniform regulations apply.

Zone, change of.

"Change of zone" means the legislative act of removing one or more parcels of land from one zone and placing them in another zone on the official zoning map of the city.

"Zone map"

means the official zoning map of the city of Palm Springs, which is a part of the zoning ordinance of the city of Palm Springs.

"Zoning code" or "zoning ordinance" or "code"

means the zoning code of the city of Palm Springs as described in Section 91.00.00 of this code.

(Ord. 1294, 1988; Ord. 1333, 1989; Ord. 1347, 1990; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1502, 1995; Ord. 1511, 1995; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 3, 2000; Ord. 1700 §§ 1, 2, 2006; Ord. 1726 § 1, 2008; Ord. 1729 § 1, 2008; Ord. 1758 § 1, 2009; Ord. 1841 § 1, 2014; Ord. 1875 §§ 1, 2, 2015; Ord. 1876 § 1, 2015; Ord. 1941 § 4, 2017; Ord. 1943 § 1, 2017; Ord. 1957 § 2, 2018; Ord. 1958 § 2, 2018; Ord. 1977 § 2, 2019; Ord. 1978 § 2, 2019; Ord. 1981 §§ 2, 3, 2019; Ord. 1984 §§ 5—16, 2019; Ord. 2007 §§ 2, 3, 2019; Ord. 2020 §§ 2—6, 2020; Ord. 2023 § 3, 2020; Ord. 2025 § 2, 2020; Ord. 2031 § 34, 2020; Ord. 2041 §§ 2, 3, 2021; Ord. 2042 § 3, 2021; Ord. 2063 § 2, 2022; Ord. 2088, 11/9/2023)

a. G-R-5	Guest ranch zone
b. R-1-AH	Single-family residential zone 20,000 square feet,
c. R-1-A	Single-family residential zone 20,000 square feet;
d. R-1-B	Single-family residential zone 15,000 square feet;
e. R-1-C	Single-family residential zone 10,000 square feet;
f. R-1-D	Single-family residential zone 7,500 square feet;
g. R-G-A(6)	Cluster residential zone;
h. R-G-A(8)	Garden apartment multiple-family residential zone;
i. R-2	Limited multiple-family residential zone;
j. R-3	Multiple-family residential and hotel zone;
k. R-4	Large scale hotel and multiple-family residential zone;
l. R-4-VP	Vehicle parking and large-scale hotel and multiple-family residential and limited commercial retail zone;
R-MHP	Residential mobilehome park zone.

a. P	Professional zone;
b. C-B-D	Central business district zone;
c. C-D-N	Designed neighborhood shopping center zone;
d. C-S-C	Community shopping center zone;
e. C-1	Retail business zone;
f. C-1AA	Large scale retail commercial zone;
g. C-2	General commercial zone;
h. C-M	Commercial manufacturing zone;
i. H-C	Highway commercial zone;
j. R-4-VP	Vehicle parking and large scale hotel and multiple-family residential and limited commercial retail zone.

a. M-1-P	Planned research and development park zone;
b. M-1	Service/manufacturing zone;
c. M-2	Manufacturing zone;
d. E-I	Energy industrial zone.

a. W	Watercourse zone;
b. 0	Open land zone;
c. 0 - 5	Open land zone;
d. 0 - 20	Open land zone;
e. ESA-SP	Environmentally sensitive area specific plan zone;
f. U - R	Urban reserve zone.

a. A	Airport zone;
b. CC	Civic center district zone;
c. D	Downtown parking combining zone;
d. G	Gaming overlay zone;
e. H	Historic preservation combining zone;
f. IL	Indian Land;
g. N	Noise impact combing zone;
h. PD	Planned development district;
i. R	Resort combining zone.