Chapter 92.00 Zoning Regulations

§ 92.00.00 "G-R-5" guest ranch zone.

The G-R-5 zone is intended to provide for the development of resort hotels and guest ranches on large suitable sites; on flat or gently sloping land, with limited commercial uses and services and facilities for the keeping of horses for the use of residents and guests, all directly related to the housing facilities.

(Ord. 1294, 1988)

§ 92.00.01 Uses permitted.

Uses Permitted.

Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.00.03.

Permanent single-family dwellings;

Accessory buildings same as R-1-A, Sections 92.01.01(A) and 92.01.03(D)(1);

Keeping of horses in connection with a single-family dwelling residential use of the property, subject to the following conditions:

The lot is more than three-quarters (3/4) of a mile from a bridle trail existing or proposed on the general plan,

No stable, barn, pen or corral shall be within 100 feet of any lot line abutting a street within 50 feet of any other lot line, or within 50 feet of any dwelling or other building used for human habitation on the same lot,

Not more than one horse, mule or pony shall be stabled or kept for each 20,000 square feet of lot area on any one lot;

Accessory structures and uses customarily incident to the above uses and located on the same lot therewith, including incidental and auxiliary businesses and services and horse keeping facilities;

Public parking areas, not an accessory to uses permitted in this zone pursuant to Section 93.06.00;

Governmental facilities;

Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 92.00.03. All uses shall be subject to the standards in Section 92.00.03.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Guest ranches, resort hotels and private clubs, including the following incidental or auxiliary businesses conducted primarily as a service for persons living therein: restaurants, including dancing; beverage service, including alcohol on sale; shops; and personal services. Such incidental or auxiliary businesses shall not be located nearer than 100 feet to any public street or right-of-way, or to any lot line, and they shall not occupy more than 10% of the total floor area devoted to residential use;

Commercial stables;

Private stables, in connection with guest ranches and polo clubs; provided, not more than one horse, mule or pony is stabled or kept for each 10,000 square feet of lot area on any one lot. No stable, barn, pen or corral shall be within 150 feet of any dwelling unit or other building used for human habitation on the same lot;

Public parks and recreational areas at locations indicated on the general plan;

Public schools at locations indicated on the general plan;

Country clubs, golf courses, driving ranges, tennis and swimming clubs and private parks and recreation areas;

Churches;

Private educational institutions;

Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12; provided, the subject site must be located fronting on a major or secondary thoroughfare as indicated on the city's general plan.

(Ord. 1294, 1988; Ord. 1875 § 3, 2015; Ord. 2063 § 3, 2022)

§ 92.00.02 Uses prohibited.

Any uses not specifically permitted in Section 92.00.01 are prohibited. The following classifications of uses shall not be permitted in this zone by commission determination:

Multiple-family dwellings;

Mobilehome parks;

Industrial uses.

(Ord. 1294, 1988; Ord. 1553, 1998)

§ 92.00.03 Property development standards.

The following property development standards shall apply to all land and buildings in the G-R-5 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum gross lot area of five acres.

Lot Dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record shall not be reduced below these standards.

Each lot shall have a minimum width of 165 feet;

Each lot shall have a minimum depth of 165 feet.

Density.

The minimum lot area per guest room of a guest ranch or resort hotel (density) shall be 4,000 square feet. In a suite each bedroom and living room shall be considered as a separate guest room, if each has a separate bathroom.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 15 feet, and shall not exceed more than one story in height, except as otherwise provided.

Exceptions.

On hillside lots, building height may be modified by the director of community development, as provided in Section 94.06.01;

Governmental facilities;

Any structures in excess of 15 feet and one story shall be set back a minimum of 150 feet from any residential zoned property or street which is a boundary with a residential zone.

Yards.

General Provisions.

The provisions of Section 93.01.00 shall apply.

On-site parking spaces shall be located not less than 10 feet from the side or rear lot line. Garages or parking spaces shall not be permitted in the front yard, although vehicular access shall be permitted across the front yard.

Hillside lot front yards may be modified by the director of community development, as provided in Section 94.06.01.

Front Yard.

There shall be a front yard of not less than 50 feet.

For all uses except single-family residential, the front 25 feet of the yard shall be landscaped and maintained and a wall not more than four and one-half (4 1/2) feet in height or solid screen landscaping of unlimited height shall be installed not less than 25 feet from the front lot line or future highway line.

Side Yard.

Each lot shall have a side yard on each side of not less than 50 feet.

Side yard may be used for parking.

Rear Yard.

Each lot shall have a rear yard of not less than 50 feet.

Lot Coverage.

Lot area covered by building or structures shall not exceed 20% of the total lot area.

Distance Between Buildings.

The minimum distance between buildings shall be 15 feet except as otherwise provided in this section.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Where a guest ranch or resort hotel abuts an R-1 zone, a masonry wall six feet in height shall be erected and maintained between such uses and the R-1 zone.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988)

§ 92.00.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.01.00 "R-1" single-family residential zones.

Five single-family residential zones (R-1-AH, R-1-A, R-1-B, R-1-C, R-1-D) have been established to provide a variety of low-density housing types and neighborhoods. Development standards are designed to provide protection and enhancement of the natural and urban setting consistent with the goals of the general plan.

(Ord. 1294, 1988)

§ 92.01.01 Uses permitted.

Uses Permitted.

Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.01.03.

Permanent single-family dwellings;

Accessory buildings and uses customarily incident to the permitted uses when located on the same lot therewith. It is unlawful to construct, erect or locate any accessory building without a permitted main building;

Accessory dwelling units, subject to the requirements of Section 93.23.14;

Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code;

Day care, small or large;

Keeping of horses in the R-1-AH zone only, in connection with the residential use of the property, subject to the following conditions:

The lot area is not less than one acre,

The lot is not more than three-quarters (3/4) of a mile from a bridle trail existing or proposed on the general plan,

There shall be not more than one horse for each 1/2 acre of lot area; however, not more than four horses shall be kept on any one lot,

No stable, barn, pen or corral shall be within 100 feet of any lot line abutting a street, nor within 50 feet of any property not within the R-1-AH zone, nor within 25 feet of any other property within the R-1-AH zone, nor within 50 feet of any dwelling or other building used for human habitation on the same or any adjacent lot;

Manufactured housing on permanent foundations as allowed in Section 65852.3 of the California Governmental Code and Section 18551 of the California Health and Safety Code; provided, the following criteria are met. In cases where one or more of these criteria cannot be met, such housing shall be subject to approval of the planning director pursuant to the provisions of Section 94.04.00, Architectural review:

Roofing materials shall comply with the Uniform Building Code and Uniform Building Code Standards as adopted by the city of Palm Springs and shall be limited to those customarily utilized in the desert,

Siding materials shall comply with the Uniform Building Code and Uniform Building Code Standards as adopted by the city of Palm Springs and shall be limited to those customarily utilized in the desert,

The unit shall not be greater than 10 years of age at the time it is placed on the lot,

The design of the residence shall be compatible with the surrounding neighborhood.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution or record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to other uses permitted in the zone or to the public health, safety and welfare, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.01.03.

Uses Permitted by Land Use Permit.

Childcare centers, provided the subject site is located on a major or secondary thoroughfare;

Model homes and related sales offices;

Temporary on-site sales trailer in conjunction with the sale of subdivision lots, provided:

The total subdivision shall occupy at least 10 acres,

The trailer shall not be more than one year old at the time it is placed and shall be maintained in good order,

The final map shall be recorded prior to the placement of the trailer,

The trailer shall be located within the subdivision and not closer than 25 feet from any property line,

The yard between the trailer and any street shall be adequately landscaped and maintained, and

The trailer shall be removed at such time 90% of the lots are sold or a model home is constructed but, in any case, no later than 18 months from the time the trailer is installed.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Type 3 accessory dwelling units, subject to the provisions of Section 93.23.14;

Agriculture flower and vegetable gardening, nurseries and greenhouses, in all R-1 zones, except R-1-D; provided:

It is for the purpose of propagating and cultivating only,

No business shall be carried on upon the premises, except as otherwise provided in this chapter, and

No obnoxious fertilizer shall be stored on the premises;

Churches; provided, the site is located on a major or secondary thoroughfare;

Private schools; provided, the site is located on a major or secondary thoroughfare;

Public parks and recreational areas at locations indicated on the general plan;

Public schools at locations indicated on the general plan;

Recreational facilities such as country clubs, golf courses, riding clubs, with incidental limited commercial uses which are commonly associated and directly related to the recreational facility;

In order to encourage a more creative approach in the development of land and to allow for more usable open space areas, large scale residential developments may be permitted on sites of not less than four and one-half (4 1/2) acres of land. The land shall be developed as an integrated unit, conforming to density and all other property development standards except that lot area, lot dimensions and yards may be modified to allow "cluster" and "row" housing: provided, the overall development equals the general quality of development in this zone.

Density is determined by net area.

Adequate guarantee must be provided to insure permanent retention of "open space";

The following uses may be allowed by conditional use permit on parcels which are located within the "N" noise impact and nonsuit covenant combining zone and also have frontage along a major thoroughfare as indicated by the general plan. The design of the facility and the required parking (per Section 93.06.00) shall be compatible with the surrounding residential area, no outdoor storage may be allowed, and identification shall be limited to a single, nonilluminated, sign which shall be no greater than six square feet in size, and shall face the major thoroughfare.

Offices (executive, administrative, professional and clerical), excluding those of building trade contractors,

Private clubs,

Artist studios, including on-premises galleries,

Catering,

Community center building.

(Ord. 1347, 1990; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1875 § 3, 2015; Ord. 1981 § 4, 2019; Ord. 1984 §§ 17, 18, 2019; Ord. 2020 §§ 7, 8, 2020; Ord. 2063 §§ 4—6, 2022; Ord. 2076, 1/12/2023)

§ 92.01.02 Uses prohibited.

All uses and structures not permitted in Section 92.01.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in these zones by commission determination:

Commercial uses;

Industrial uses;

Temporary parking areas;

Mobilehome parks.

(Ord. 1294, 1988; Ord. 1366, 1991; Ord. 1553, 1998)

§ 92.01.03 Property development standards.

The following property development standards shall apply to all land and buildings in the R-1 zones, except that any lot created in compliance with applicable laws and ordinances in effect at the time of is creation may be used as a building site.

All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownerships or of record shall not be reduced below these standards.

Minimum Lot Standards.

	R-1-AH	R-1-A	R-1-B	R-1-C	R-1-D	R-1-E
1. Lot area
(in square feet)	20,000	20,000	15,000	10,000	7,500	5,000
(fairway lots only)	-	-	-	12,500	-	-
2. Minimum width (in feet):
Interior lots	130	130	120	100	75	50
Corner lots:
a. Siding local/ collector street	140	140	130	110	82	55
b. Reverse	140	140	130	110	92	55
c. Siding major thoroughfare	165	165	150	140	117	NP¹
d. Siding secondary thoroughfare	155	155	140	130	107	65
e. Cul-de-sac/curve lots (average widths)	130	130	120	100	75	50
3. Minimum depth (in feet):
Backing on:
a. Interior lot/Local/Collector street	120	120	120	100	100	90
b. Major thoroughfare/State hwy.	160	160	160	140	140	100
c. Secondary thoroughfare	150	150	150	130	130	100
d. Fairway	120	120	120	100	100	90
Facing on:
a. Major thoroughfare	145	145	145	125	125	NP¹
b. Secondary thoroughfare	135	135	135	115	115	100

¹	Not permitted.

Yards and Building Standards.

	R-1-AH	R-1-A	R-1-B	R-1-C	R-1-D	R-1-E
1. Front yards:
a. Local/Collector street	25	25	25	25	25	15
b. Major thoroughfare	50	50	50	50	50	NP¹
c. Secondary thoroughfare	25	25	25	25	25	20
d. Service road	25	25	25	25	25	15
e. Curve lot/Cul-de-sac	20	20	20	20	20	15
f. Special conditions (See Section 93.01.00)
2. Side yards:
a. Interior	10	10	10	10	7.5	6
b. Corner
(1) Local/Collector street	20	20	20	20	15	15
(2) Reverse on local street	25	25	25	25	25	15
(3) Major thoroughfare	50	50	50	50	50	NP¹
(4) Secondary thoroughfare	25	25	25	25	25	25
(5) Service road	25	25	25	25	25	15
(6) Special conditions (See Section 93.01.00)
3. Rear yards:
a. Backing on interior lot/local/ collector street	15	15	15	15	15	15
b. Backing on major thoroughfare	25	25	25	25	25	25
c. Backing on secondary thoroughfare	25	25	25	25	25	25
d. Backing on fairway	20	20	20	20	20	15
e. Special conditions (See Section 93.01.00)
4. Lot coverage (max.)	35%	35%	35%	35%	35%	45%
5. Building Envelope. Buildings shall not exceed one story and 12 feet in height at the minimum setback. From the minimum setback, the height may be allowed to increase along a plane which has a slope of 4:12, until a building height of 18 feet is attained. Gable ends, dormers, shed roof eaves, butterfly or folded-plate roofs, and front entrance treatments, not exceeding 15 feet in height, may encroach past the building envelope limits. These regulations may be modified by the Architectural Review Committee for hillside lots pursuant to Section 94.06.01.
6. Garages/Carports. Garages shall be located not less than 25 feet from the property line abutting the street from which such garage has vehicular access or 25 feet from the opposite side of the alley from which such garage has vehicular access. In the R-1-E zone, garages shall be located not less than 20 feet from the front and side front property lines. Garages may be detached from the main building in the R-1-A, R-1-AH and hillside areas only.

¹	Not permitted.

Yard Exceptions.

Front Yards.

Lots substandard in depth by 10% or greater than the zone requirement facing on a major or secondary thoroughfare shall have a front yard of not less than 25 feet.

The front 15 feet of such yard shall be landscaped and maintained. The rear portion of such front yard may be used for accessory nondwelling structures and uses; provided:

(A)

A wall or solid fence not more than six feet in height or solid screen landscaping is installed not less than 15 feet from the front property line or future highway line;

(B)

No accessory structures within such rear portion shall have a height greater than 10 feet;

(C)

No accessory structure within such rear portion shall be less than 10 feet from such wall, fence or screen landscaping unless the height of such structure is less than the height of such wall, fence or screen landscaping;

(D)

No structure shall be permitted in any corner cutback area.

Key lots shall have a front yard not less than the front yard for the adjoining interior lot. When the front yard on the adjoining interior lot is less than prescribed by this Zoning Code, the key lot front yard may be the same but shall in no case be less than 15 feet.

Partially Built-up Blocks.

Where lots comprising 50% or more of the block frontage are developed with a front yard lesser than that prescribed in this Zoning Code, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage; provided, a front yard determined in this manner shall be not less than 15 feet. Existing front yards greater than 40 feet shall be computed as 40 feet in computing the average.

Neighborhood Unit Plans.

Where the entire block frontage is designed and developed as a unit, the front yard requirements may be varied by not more than five feet in either direction; provided that, the average front yard for the entire block frontage is not less than that required in the zone.

Side Yards.

Lots substandard in width 10% or greater than the zone requirement shall have a side yard on each side of not less than 10% of the width of the lot, but in no case shall such yard be less than five feet in width.

Corner lots substandard in width 10 feet or greater than the zone requirement shall have a side yard on the street or thoroughfare side of not less than 20% of the width of the lot but in no case shall such yard be less than 15 feet in width for R-1-A, R-1-AH, R-1-B, R-1-C, R-1-D, and R-1-E zones respectively.

Corner or reversed corner lots siding on major or a secondary thoroughfare shall have a side yard of not less than 25 feet. Such side yard may be used for accessory nondwelling structures and uses; provided:

A wall or solid fence not more than six feet in height or solid screen landscaping is installed on future highway line;

ii.

No accessory structures within such side yard shall have a height greater than 10 feet; 15 feet in R-1-AH and R-1-A zones;

iii.

No accessory structure within such side yard shall be less than 10 feet or 15 feet in R-1-A and R-1-AH zones from such wall, fence or screen landscaping unless the height of such structure is less than the height of such wall;

iv.

No structure shall be permitted in any corner cutback area.

Rear Yards.

Lots substandard in depth by 10% or greater than the zone requirement backing on a state highway or major or secondary thoroughfare shall have a rear yard of not less than 25 feet. Such rear yard may be used for accessory nondwelling structures and uses; provided:

A wall or solid fence not more than six feet in height or solid screen landscaping is installed on the future highway line;

ii.

No accessory structures within such rear yard shall have a height greater than 10 feet;

iii.

No accessory structure within such rear yard shall be less than 10 feet from such wall, fence or screen landscaping unless the height of such structure is less than the height of said wall, fence or screen landscaping;

iv.

No structure shall be permitted in any corner setback area.

Garage or Carport Structures (R-1-E Zone only). Garage or carport structures may be located within the rear yard setback area where the structure takes direct access from an alleyway at the rear of the lot, or takes access from a driveway extending along the side property line to the rear of the lot. The garage or carport structure shall be located a minimum of five feet from the rear property line, and shall conform to the minimum side yard setback. The garage or carport structure may be located at the side property line when approved as part of a zero-lot line development under section (E)(12).

Exceptions—Lot Coverage (R-1-E Zone only).

Covered Porches. Non-habitable covered porches, which are open on at least one side, may be excluded from lot coverage requirements in accordance with the definition listed in Section 91.00.10. Non-habitable covered porches shall be subject to all setback requirements.

Increased Lot Coverage. The maximum lot coverage in the R-1-E zone may be increased to 50% under either of the following conditions:

An accessory dwelling unit is permitted and constructed in conformance to the requirements of Section 93.23.14; and/or

A garage or carport structure is constructed at the rear of the lot in the rear yard setback area in conformance to the requirements of subsection (3)(b).

General Provisions.

See Section 92.01.03(B)(7).

Hillside Lots.

Hillside lot front yards and building heights may be modified by the Director as provided in Section 94.06.01.

Exceptions.

For exceptions (Permitted projections into required yards), the provisions of Section 93.01.00(F) shall apply.

Distance Between Buildings.

For structures relating to the keeping of horses, the provisions of Section 92.21.01(D)(5) shall apply.

Minimum distance between buildings, accessory or main, shall be six feet unless such buildings have a common wall.

Buildings, accessory or main, over 12 feet in height shall be separated by a minimum distance of 10 feet unless such buildings have a common wall.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply, except that walls and fences, not exceeding six feet in height, may be installed not less than 15 feet from the front property line (or future right-of-way line) on parcels which have frontage on major thoroughfares as indicated by the general plan.

Front and side front yards required under subsection (B) of this Section shall be developed and maintained with a majority (51) of decorative landscape materials, unless a vehicle turnaround is required to avoid traffic hazards on an adjacent street in the opinion of the City Engineer, in which case a minimum of 25% decorative landscape material is required. The remainder of said front yard may be used for off-street parking, walkways, and other non-pervious surfaces as necessary to provide improved access from the adjacent right-of-way to the residence.

Access.

The provisions of Section 93.05.00 shall apply.

Off-Street Parking.

Parking is permitted only where improved per Section 93.06.00 and in areas designed specifically for that use, unless otherwise approved by the planning commission or the Director. Such areas shall be located no closer than five feet to any property line adjacent to a street.

Off-Street Loading.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

10.

Antennas.

The provisions of Section 93.08.00 shall apply.

11.

Yard Lighting.

Any nonincandescent light source shall not be visible from off the property and shall be so arranged to reflect light away from adjoining properties and streets.

12.

Zero-Lot Line Development.

Districts where permitted. Zero-lot line development may be permitted in the R-1-E zoning district.

Permitted Development Types. Zero-lot line developments may include the following configurations:

The structure is situated on a parcel so that one or more portions of the structure is located on the side property line;

ii.

The structure is situated on a parcel so that one or more portions of the structure is located on the side property line and attached to the dwelling unit on the abutting parcel; or

iii.

Side yard setback for the structure is reduced, and an exclusive use easement is provided on the abutting parcel.

Development Standards.

Lot size. The minimum lot size shall comply with the requirements for the R-1-E zone.

ii.

Lot coverage. The lot coverage shall comply with the requirements for the R-1-E zone.

iii.

Setbacks. Front and rear yard setbacks shall comply with the requirements for the R-1-E zone. Side yard setbacks may be reduced along one property line, provided the opposite side yard setback is increased by the corresponding setback reduction; in no case shall the aggregate side yard setbacks be less than 12 feet. Accessory buildings and structures shall conform to the setbacks established for the primary dwelling unit. This setback reduction shall not apply to side yard setbacks adjacent to parcels that are not part of the zero lot-line development.

iv.

Height limitation. The maximum building height shall comply with the requirements for the R-1-E zone.

Mechanical equipment. Mechanical equipment may be permitted in side yard areas, subject to the requirements of Section 93.01.00.

Application Procedures. Zero-lot line developments shall be processed and reviewed via a Tentative Map application. The map shall identify the zero-lot line configuration on each parcel, the setbacks for each parcel, and the area for any exclusive use easement.

(Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1979 §§ 2—6, 2019; Ord. 1984 § 19; Ord. 2020 §§ 9—11, 2020; Ord. 2031 § 35, 2020; Ord. 2041 §§ 4, 5, 2021; Ord. 2063 §§ 9,10, 2022; Ord. 2088, 11/9/2023)

§ 92.01.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.02.00 "R-G-A" garden apartment and cluster residential zone.

Two R-G-A (R-G-A(6) and R-G-A(8)) zones are designed to provide for the development of low-density multiple-family residential uses.

(Ord. 1294, 1988)

§ 92.02.01 Uses permitted.

Uses Permitted.

Single-family dwellings in accordance with Section 92.01.00 (R-1-C);

Multiple-family dwellings;

Accessory buildings and uses customarily incidental to the permitted uses and located on the same lot therewith;

Accessory dwelling units, subject to the requirements of Section 93.23.14;

Day care, small or large;

Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code;

Hotels which exist on the effective date of this Zoning Code;

The unit shall not be greater than 10 years of age at the time it is placed on the lot,

The design of the residence shall be compatible with the surrounding neighborhood.

Similar Uses Permitted by Commission Determination.

Uses Permitted by Land Use Permit.

Childcare centers; provided the subject site is located on a major or secondary thoroughfare.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted, subject to approval of a conditional use permit, as provided in Section 94.02.00:

Public parks, recreational areas and public schools;

Private clubs, golf courses, tennis and swimming clubs;

Churches on sites of two acres or more;

Off-site parking areas, not as an accessory to uses permitted in this zone. The property proposed for off-site parking shall abut a commercial zone or on an alley which is the boundary with such zone, and extend not more than 150 feet from such boundary;

Assisted living facilities and convalescent homes, subject to the provisions of Section 94.02.00(H)(7); and provided, property on which such use is proposed is located 150 feet from any R-1 zone district;

Resort hotels, on parcels not less than 20 acres in area, subject to the requirements in Section 92.04.01(A)(2);

Accessory buildings and uses customarily incident to the permitted uses listed above and located on the same lot therewith;

Reserved;

10.

Spas as an accessory use to a hotel subject to the following standards:

For hotels with under 50 rooms, the facility is to serve hotel guests only. Facilities located in hotels with more than 50 rooms and located on a major thoroughfare may be permitted to serve clients who are not hotel guests,

The hotel has a minimum of 15 guest rooms,

Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code,

Such facility shall comply with Chapter 5.34 of the Municipal Code.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 4, 2000; Ord. 1875 § 3, 2015; Ord. 2020 §§ 12, 13, 2020; Ord. 2076, 1/12/2023)

§ 92.02.02 Uses prohibited.

All uses and structures not permitted in Section 92.02.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination.

Commercial uses;

Hospitals;

Restaurants, except when permitted as an accessory use to a use permitted by a conditional use permit;

Industrial uses;

Mobilehome parks.

(Ord. 1294, 1988; Ord. 1553, 1998)

§ 92.02.03 Property development standards.

The following property development standards shall apply to all land and buildings in R-G-A zones, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum lot area of two gross acres.

Lot Dimensions.

All lots hereafter created shall comply with the following minimum standards, and lots now held under separate ownership or of record may not be reduced below these standards.

Width.

Interior lots shall have a minimum width of 165 feet.

Corner lots siding on a local/collector street may have a minimum of 135 feet.

Corner lots siding on a major or secondary thoroughfare may have a minimum width of 121 feet.

Depth.

Same standards as width.

Density.

R-G-A(6).

There shall be a minimum of 7,000 square feet of lot area for each dwelling unit. Any area over the required 7,000 square feet per unit qualifies for an additional unit.

R-G-A(8).

There shall be a minimum of 5,000 square feet of lot area for each dwelling unit. Any area over the required 5,000 square feet per unit qualifies for an additional unit.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 15 feet, except as otherwise provided.

Exceptions.

Buildings and structures may have a height not to exceed 24 feet and two stories; provided that, the second story and the area of the buildings with a height over 15 feet does not exceed more than 50% of the enclosed ground floor area. The purpose of this section is to provide a variety of building heights for design purposes. All buildings that exceed 15 feet in height or one story shall be set back from all property lines a distance equal to or greater than its height and shall be set back from all single-family zones a minimum of 200 feet.

Yards.

For general provisions, see Section 93.01.00. For properties which front on East Palm Canyon Drive, see Special setbacks, Section 93.01.02. The provisions as follows shall apply, except that setbacks required in Section 92.02.03(D)(2)(a) (Exceptions) as stated above shall take precedence.

Front Yard.

No building shall be erected closer than 25 feet to either the front property line of the building site or the line of any future street as shown on official street plan or setback ordinance.

Side Yard.

One story buildings, including accessory buildings, and not exceeding 15 feet in height.

Each lot shall have a side yard on each side of not less than 10% of the width of the lot. Such side yard shall not be less than 10 feet and need not be more than 20 feet.

ii.

On corner lots, each lot shall have a side yard on the street frontage of not less than 20% of the width of the lot. Such side yard shall not be less than 20 feet in width, and need not be more than 25 feet.

Rear Yard.

There shall be a rear yard of not less than 20 feet in depth.

Distance Between Buildings.

Where one building is placed adjacent to and substantially parallel to another building, there shall be a minimum distance between the buildings of 15 feet for each 10 feet of building height. In no case shall one building be closer than 15 feet to any other building.

Coverage.

See Setback requirements and performance standards, Sections 92.02.03(E) and 92.02.04.

Walls, Fences and Landscaping.

Required Fences and Walls.

Where a multiple-family dwelling, school, club or church abuts an R-1 zone, a masonry wall six feet in height and screen landscaping per approved plans shall be erected and maintained between such uses and the R-1 zone.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Antennas.

The provisions of Section 93.08.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1500, 1995; Ord. 1553, 1998)

§ 92.02.04 Performance standards.

A minimum of 50% of the site area shall be landscaped and provided with an adequate irrigation system. The required landscaping may include recreation areas.

(Ord. 1294, 1988)

§ 92.02.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.03.00 "R-2" limited multiple-family residential zone.

The R-2 zone is intended to provide for the development of medium-density multiple-family residential uses.

(Ord. 1294, 1988)

§ 92.03.01 Uses permitted.

Uses Permitted.

Building, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.03.03.

Permanent single-family dwelling subject to the standards of the R-1-A zone (Section 92.01.00);

Multiple-family dwellings;

Hotels (provided that no more than 10% of the guest rooms contain kitchen facilities);

Accessory buildings and uses customarily incidental to the permitted uses and located on the same lot therewith;

Accessory dwelling units, subject to the requirements of Section 93.23.14;

Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code;

Manufactured housing on permanent foundations as allowed in Section 65852.3 of the California Governmental Code and Section 18551 of the California Health and Safety Code; provided, the following criteria is met. In cases where one or more of these criteria cannot be met, such housing shall be subject to approval of the planning director pursuant to the provisions of Section 94.04.00, Architectural review:

The unit shall not be greater than 10 years of age at the time it is placed on the lot,

The design of the residence shall be compatible with the surrounding neighborhood.

Day care, small or large;

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.03.03.

Uses Permitted by Land Use Permit.

Childcare centers.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00.

Assisted living facilities and convalescent homes, subject to the provisions of Section 94.02.00(H)(7);

Churches;

Country clubs, golf courses, tennis and swimming clubs;

Hospitals;

Hotels in which more than 10% of the guest rooms contain kitchen facilities;

Private education institutions;

Professional offices, provided:

The subject site must be located fronting on a major thoroughfare as indicated on the city's general plan,

The only allowable sign shall be an identification sign for the building complex, with public convenience signs as necessary,

All development standards of Section 92.08.03 can be met;

Off-site parking areas, not as an accessory to uses permitted in this zone. The property proposed for off-site parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than 150 feet from the boundary;

Public parks and recreation areas at locations indicated on the general plan;

10.

Public schools at locations indicated on the general plan;

11.

Restaurants, incidental or accessory to a hotel use, operated primarily for the convenience of guests, and occupying not more than 20% of the gross floor area of the hotel buildings;

12.

Spas as an accessory use to a hotel subject to the following standards:

The hotel has a minimum of 15 guest rooms.

Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code.

Such facility shall comply with Chapter 5.34 of the Municipal Code.

13.

(Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 5, 2000; Ord. 1875 § 3, 2015; Ord. 1936 § 2, 2017; Ord. 2020 §§ 14—16, 2020; Ord. 2063 §§ 7,8, 2022; Ord. 2076, 1/12/2023

§ 92.03.02 Uses prohibited.

All uses and structures not permitted in Section 92.03.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination:

Commercial uses;

Industrial uses;

Mobilehome parks.

(Ord. 1294, 1988; Ord. 1553, 1998)

§ 92.03.03 Property development standards.

The following property development standards shall apply to all land and buildings in the R-2 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum lot area of 20,000 square feet.

Lot Dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record shall not be reduced below these standards.

Width.

Interior lots shall have a minimum width of 130 feet.

Corner lots siding on a local/collector street shall have a minimum width of 140 feet.

Reversed corner lots siding on a local/collector street shall have a minimum width of 145 feet.

Corner or reversed corner lots siding on a state highway or major thoroughfare shall have a minimum width of 170 feet; corner or reversed corner lots siding on a secondary thoroughfare shall have a minimum width of 160 feet. When siding on a service road, it shall be not less than 130 feet.

Cul-de-sac or curve lots shall have an average width of 130 feet.

Depth.

Lots facing on a local/collector street shall have a minimum depth of 150 feet.

Lots facing on a major thoroughfare shall have a minimum depth of 175 feet; facing on a secondary thoroughfare shall have a minimum depth of 165 feet. When facing on a service road, it shall be not less than 130 feet.

Lots backing on a state highway or major thoroughfare shall have a minimum depth of 190 feet; lots backing on a secondary thoroughfare shall have a minimum depth of 180 feet.

Density.

Density shall be consistent with the General Plan designation for the subject site.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 24 feet and shall not exceed more than two stories. (See Yards (subsection E of this section) when R-2 property abuts R-1 property).

Yards.

The provisions of the R-3 Zone, Section 92.04.03(E) shall apply, except as otherwise provided. For properties which front on Tahquitz Canyon Way, see Special setbacks, Section 93.01.02.

All buildings that exceed 15 feet in height shall be required to have a 25 foot setback from the property line of any existing adjacent single story development.

When R-2 zoned property abuts R-1 zoned property, all structures within 150 feet of the R-1 zone boundary line shall have a height of not greater than 15 feet and shall not exceed more than one story. This setback line may vary by 50 feet if the average setback is 150 feet and the planning commission determines that no detrimental effects will result.

Distance Between Buildings.

The provisions of the R-3 zone, Section 92.04.03(F) shall apply.

Walls, Fences, Landscaping.

Where an R-2 development abuts an R-1 zone, a masonry wall six feet in height and screen landscaping shall be erected and maintained between such uses and the R-1 zone.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Coverage.

For R-2 developments that include any structures that exceed 18 feet in height and one story, lot area coverage for buildings or structures shall not exceed 30% of the total lot area.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1553, 1998; Ord. 2041 § 6, 2021)

§ 92.03.04 Performance standards.

The minimum of 50% of a site shall be developed as usable landscaped open space and outdoor living and recreation areas, with an adequate irrigation system.

(Ord. 1294, 1988)

§ 92.03.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.04.00 "R-3" multiple-family residential and hotel zone.

The R-3 Zone is intended to provide for the development of high density apartments, hotels and similar permanent and resort housing and certain limited commercial uses directly related to the housing facilities.

(Ord. 1294, 1988)

§ 92.04.01 Uses permitted.

Uses Permitted.

Multiple-family dwelling, and hotel facilities (provided that no more than 10% of the guest rooms contain kitchen facilities);

Resort hotels (provided that no more than 10% of the guest rooms contain kitchen facilities), including incidental or accessory commercial uses operated primarily for the convenience of the hotel guests, in conformance with the following standards:

Such total commercial uses shall occupy not more than 20% of the gross floor area of the hotel buildings,

That any restaurant or other commercial uses be designed as an integral part of the hotel and be located within the hotel building;

Accessory structures and uses customarily incident to the above uses and located on the same lot therewith;

Public parking areas not as an accessory to uses permitted in this zone, pursuant to Section 93.06.00, and as follows:

The property proposed for off-street parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than 150 feet from the boundary;

Marquees (Deleted by Ord. 1553);

Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code;

Private clubs as an accessory to a hotel; provided, at least 50% of the total gross floor area of such private club be developed as guest rooms.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.04.03.

Uses Permitted by Land Use Permit.

Automobile rental agencies in conjunction with resort hotels. The following standards shall apply:

That the standards as called out in Section 92.04.01(A)(2) be complied with,

That the number of vehicles stored at the location be limited to the number necessary to serve the hotel only,

That there be no service or repair facilities for the vehicles at the hotel site,

That said use only be permitted if the hotel contains an adequate number of parking spaces in accordance with the provisions of the zoning ordinance,

That the service be conducted by the hotel owner only, as a part of the hotel operation,

That there be no advertising which would infer that vehicles may be leased or rented by those other than guests of the subject hotel;

Bicycle rental (indoor) in conjunction with resort hotels.

Childcare centers.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Assisted living facilities, subject to the provisions of subsection(H)(7) of Section 94.02.00;

Athletic, sport and recreation clubs;

Churches;

Convention centers;

Country clubs, golf courses, driving ranges, tennis and swimming clubs;

Hospitals;

Hotels and resort hotels (subject to the provisions of subsection (A)(2) of Section 92.04.01) in which more than 10% of the guest rooms contain kitchen facilities;

Incidental or accessory commercial uses, including restaurant uses, located within hotels containing less than 100 guest rooms and operated primarily for the convenience of the hotel guests; providing such total commercial uses shall occupy not more than 20% of the gross floor area of the hotel buildings;

Museums;

10.

Private educational institutions;

11.

Private clubs and lodges not as an accessory to a hotel;

12.

Professional offices, provided:

The subject site must be located fronting on a major thoroughfare as indicated on the city's general plan,

The only allowable sign shall be an identification sign for the building complex, with public convenience signs as necessary,

All development standards can be met;

13.

Public parks and recreational areas at locations indicated on the general plan;

14.

Public schools at locations indicated on the general plan;

15.

Restaurants, but not including cafeterias, drive-in or drive-through restaurants or fast food service establishments; provided that, the following minimum criteria will be met in all cases:

The site shall have a minimum frontage of 100 feet on a major thoroughfare with a minimum lot size of 30,000 square feet of net lot area,

The site area shall be a minimum of 150 feet from any single-family residential zone,

Parking within the required front yard setback shall be prohibited, and

A minimum of 25% of the total site area shall be maintained as landscaped open space;

16.

Sound stages, as an accessory use to a resort hotel;

17.

Spas as an accessory use to a hotel subject to the following standards:

The hotel has a minimum of 15 guest rooms,

Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code,

Such facility shall comply with Chapter 5.34 of the Municipal Code;

18.

Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

(Ord. 1418, 1992; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 6, 2000; Ord. 1852 § 1, 2014; Ord. 1936 §§ 3, 4, 2017; Ord. 1984 § 20, 2019; Ord. 2020 §§ 17, 18, 2020; Ord. 2063 §§ 11, 12, 2022; Ord. 2076, 1/12/2023

§ 92.04.02 Uses prohibited.

All uses and structures not permitted in Section 92.04.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in the zone by commission determination:

Commercial uses, excepting those otherwise provided for herein;

Industrial uses;

Single-family residences;

Mobilehome parks.

(Ord. 1294, 1988; Ord. 1553, 1998)

§ 92.04.03 Property development standards.

The following property development standards shall apply to all land and buildings in the R-3 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum lot area of 20,000 square feet.

Lot Dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record shall not be reduced below these standards.

Width.

Interior lots shall have a minimum width of 130 feet.

Corner lots siding on a local/collector street shall have a minimum width of 140 feet.

Reversed corner lots siding on a local/collector street shall have a minimum width of 145 feet.

Cul-de-sac or curve lots shall have an average width of 130 feet.

Depth.

Lots facing on a local/collector street shall have a minimum depth of 150 feet.

Lots facing on a major thoroughfare shall have a minimum depth of 175 feet; lots facing on a secondary thoroughfare shall have a minimum depth of 165 feet. When facing on a service road, it shall be not less than 150 feet.

Lots backing on a state highway or major thoroughfare shall have a minimum depth of 190 feet; lots backing on a secondary thoroughfare shall have a minimum depth of 180 feet.

Density.

Maximum allowable; provided all other ordinance requirements relating to such things as parking, open space, setbacks, etc., are met.

Hotel.

There shall be a minimum of 1,000 square feet of net lot area for each dwelling unit of a hotel or resort hotel with surface parking, and a minimum of 800 square feet of net lot area for each such unit when all parking on the property is provided underground.

Multiple-family Dwellings.

Density shall be consistent with the General Plan designation for the subject site.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 24 feet and two stories, except as otherwise provided.

Exceptions:

When R-3 zoned property abuts R-1 zoned property, all structures within 200 feet of the R-1 zone boundary line shall have a height of not greater than 15 feet and shall not exceed more than one story. The setback line may vary by up to 50 feet if the average setback is 200 feet and the planning commission determines that no detrimental effects will result.

Hotels.

A height not greater than 30 feet shall be permitted over a maximum of 50% of the ground floor area of all buildings and structures.

High rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

Yards.

For general provisions, see Section 93.01.00.

The front of a garage or carport shall be located not less than 25 feet from the property line abutting the street from which such garage has vehicular access, and not less than 25 feet from the opposite side of the alley from which such garage has vehicular access.

Hillside lot yards may be modified by the Director, as provided in Section 94.06.01.

For exceptions (Permitted projections into required yards) the provisions of Section 93.01.00(F) shall apply.

For properties which front on Tahquitz Canyon Way or E. Palm Canyon Drive, see Special setbacks, Section 93.01.02.

Front Yard.

Lots facing on local/collector streets shall have a front yard of not less than 25 feet.

Lots facing on a major thoroughfare shall have a front yard of not less than 30 feet. When facing on a service road, it shall be not less than 25 feet.

Lots facing on a secondary thoroughfare shall have a front yard of not less than 30 feet. When facing on a service road, it shall not be less than 25 feet.

Lots substandard in depth by 10% or greater than the zone requirements facing on a major or secondary thoroughfare shall have a front yard of not less than 25 feet. The yard may be used for parking. The rear portion of such front yard may be used for accessory nondwelling structures and uses; provided:

The front 15 feet of such yard shall be landscaped and maintained, and a wall or solid screen landscaping shall be installed not less than 15 feet from the front property line or future highway line;

ii.

No accessory structures within such rear portion shall have a height greater than 10 feet;

iii.

No accessory structures within such rear portion shall be less than 10 feet from such wall, fence or landscape screen unless the height of such structure is less than the height of such wall fence or landscape screen;

iv.

No structure shall be permitted in any corner cutback area.

Key lots shall have a front yard not less than the required front yard for the adjoining interior lot. When the front yard on the adjoining interior lot is less than prescribed by this Zoning Code, the key lot front yard may be the same, but shall in no case be less than 15 feet.

Cul-de-sac and curve lots shall have a front yard of not less than 20 feet.

Partially Built-up Blocks.

Where lots comprising 50% of more of the block frontage are developed with a front yard less than that prescribed in this Zoning Code, the average of such existing front yards shall establish the front yard for the remaining lots in the block frontage; provided, a front yard determined in this manner shall be not less than 15 feet. Existing front yards greater than 40 feet shall be computed as 40 feet in computing the average.

Neighborhood Unit Plans.

Side Yards.

Each lot shall have a side yard on each side of not less than 10 feet, except as otherwise provided; any portion of a structure in excess of 12 feet in height shall have a minimum setback equal to its height if abutting any residential property.

Corner lots siding on a local/collector street shall have a side yard on the street side of not less than 20 feet.

Reversed corner lots shall have a side yard on the street side of a width not less than the required front yard on the key lot to its rear, but in no case less than 20 feet.

Corner or reversed corner lots siding on a state highway or major thoroughfare shall have a side yard of not less than 30 feet. When siding on a service road it shall be not less than 25 feet.

Corner or reversed corner lots siding on a secondary thoroughfare shall have a side yard of not less than 30 feet. When siding on a service road it shall be not less than 25 feet. Such side yard may be used for parking. Such side yard may be used for accessory nondwelling structures and uses, provided:

A wall or solid fence not more than six feet in height or solid screen landscaping is installed at the future highway line;

ii.

No accessory structures within such side yard shall have a height greater than 10 feet;

iii.

No accessory structure within such side yard shall be less than 10 feet from such wall, fence or landscape screen unless the height of such structure is less than the height of such wall;

iv.

No structure shall be permitted in any corner cutback area.

Corner lots substandard in width shall have a side yard on the street or highway side of not less than 20% of the width of the lot, but in no case shall such yard be less than 10 feet in width.

Rear Yard.

Each lot shall have a rear yard of not less than 10 feet, except as otherwise provided; any portion of a structure in excess of 12 feet in height shall have a minimum setback equal to its height if abutting any residential zone.

Lots backing on a state highway or major thoroughfare shall have a rear yard of not less than 30 feet.

Lots backing on a secondary thoroughfare shall have a rear yard of not less than 30 feet.

Lots substandard to depth by 10% or greater than the zone district requirement backing on a state highway or major or secondary thoroughfare shall have a rear yard of not less than 25 feet. Such rear yard may be used for parking. Such rear yard may be used for accessory nondwelling structures and uses, provided:

A wall or solid fence not more than six feet in height or solid screen landscaping is installed on the rear property line or future highway line,

ii.

No accessory structures within such rear yard shall have a height greater than 10 feet;

iii.

No accessory structure within such rear yard shall be less than 10 feet from such wall, fence, or screen landscaping unless the height of such structure is less than the height of such wall, fence or screen landscaping.

iv.

No structure shall be permitted in any corner cutback area.

Lots backing on an R-1 zoning district shall have a rear yard of not less than 15 feet.

Lots backing on a commercial or industrial zoning district shall have a rear yard of not less than 20 feet.

Distance Between Buildings.

Where one residential building is placed adjacent to and substantially parallel to another, there shall be a minimum distance of 15 feet. In no case shall one building be closer than 15 feet to any other building.

The minimum distance between buildings on opposite sides of an interior court shall be 30 feet.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Where a multiple-dwelling residence, hotel or resort hotel abuts an R-1 zone, a masonry wall six feet in height and screen landscaping, pursuant to approved plans, shall be erected and maintained between such uses and the R-1 zone.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1500, 1995; Ord. 1553, 1998; Ord. 2031 § 36, 2020; Ord. 2041 § 7, 2021)

§ 92.04.04 Performance standards.

A minimum of 45% of the site area shall be developed as usable landscaped open space and outdoor living and recreation area, with an adequate irrigation system.

(Ord. 1294, 1988)

§ 92.04.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.05.00 "R-4" large-scale hotel and multiple-family residential zone.

The R-4 zone is designed to provide for the development of large-scale hotel complexes, hotels and multiple-family dwellings.

(Ord. 1294, 1988)

§ 92.05.01 Uses permitted.

Uses Permitted.

Hotels (provided that, no more than 10% of the guest rooms contain kitchen facilities);

Resort hotels (provided that, no more than 10% of the guest rooms contain kitchen facilities), including incidental or accessory commercial uses operated primarily for the convenience of the hotel guests, in conformance with the following standards:

Such total commercial uses shall occupy not more than 20% of the gross floor area of the hotel building,

That any restaurant or other commercial uses be designed as an integral part of the hotel and be located within the hotel;

Multiple-family dwellings;

Private clubs as an accessory to a hotel; provided at least 50% of the total gross floor area of such private club be developed as guest rooms;

Accessory buildings and uses customarily incidental to the permitted uses and located on the same lot therewith;

Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code.

Day care, small or large;

Similar Uses Permitted by Commission Determination.

The Commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.05.03.

Uses Permitted by Land Use Permit.

Automobile Rental Agencies.

The provisions of Section 92.04.01(C)(1) shall apply.

Bicycle rental (indoor) in conjunction with a resort hotel.

Childcare centers;

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Hotels and resort hotels (subject to the provisions of Section 92.05.01 (A)(2)) in which more than 10% of the guest rooms contain kitchen facilities;

Private clubs not as an accessory to a hotel;

Professional offices, provided:

The subject site must be located fronting on a major thoroughfare as indicated on the city's general plan,

The only allowable sign shall be an identification sign for the building complex, with public convenience signs as necessary,

All development standards can be met;

Public and semi-public uses as follows:

Assisted living facilities, subject to the provisions of Section 94.02.00(H)(7),

Athletic and health clubs as an accessory to a hotel,

Automobile parking lots and structures not in conjunction with a permitted use, subject to the provisions of Section 93.06.00,

Churches,

Civic uses and community center buildings,

Convention centers,

Museums;

Restaurants, incidental or accessory to a hotel use, located within hotels containing less than 100 guest rooms, and occupying not more than 20% of the gross floor area of the hotel buildings;

Sound stages, as an accessory use to a resort hotel;

Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

Spas as an accessory use to a hotel subject to the following standards;

The hotel has a minimum of 15 guest rooms,

Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code,

Such facility shall comply with Chapter 5.34 of the Municipal Code.

(Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1482, 1994; Ord. 1551, 1995; Ord. 1553, 1998; Ord. 1590 § 7, 2000; Ord. 1936 § 5, 2017; Ord. 2020 §§ 19, 20, 2020; Ord. 2063 §§ 13, 14, 2022; Ord. 2076, 1/12/2023

§ 92.05.02 Uses prohibited.

The provisions of the R-3 zone, Section 92.04.02 shall apply.

(Ord. 1294, 1988)

§ 92.05.03 Property development standards.

The following property development standards shall apply to all land and buildings in the R-4 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum lot area of two gross acres.

Lot Dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record may not be reduced below these standards:

Width.

Each lot shall have a minimum width of 130 feet.

Depth.

Each lot shall have a minimum depth of 155 feet.

Density.

Maximum allowable provided all other ordinance requirements relating to such things as parking, open space, setbacks, etc., are met.

Hotel.

On Indian Land, there shall be a minimum of 500 square feet of net lot area for each dwelling unit of a hotel or resort hotel.

Multiple-family Dwellings.

Density shall be consistent with the General Plan designation for the subject site.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 30 feet, except as follows:

Exceptions.

On hillside lots, building height may be modified by the Director, as provided in Section 94.06.01.

High rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.07.00.

Yards.

For general provisions, See Section 93.01.00. The provisions as follow shall apply:

Front Yard.

No building shall be erected closer than 30 feet to either the front property line of the building site or the line of any future street as shown on official street plan or setback ordinance.

Side Yard.

One story buildings, including accessory buildings, and not exceeding 15 feet in height.

Each lot shall have a side yard on each side of not less than 10% of the width of the lot. Such side yard shall not be less than 10 feet, and need not be more than 20 feet.

ii.

On a corner lot, each lot shall have a side yard on the street frontage of not less than 20% of the width of the lot. Such side yard shall not be less than 20 feet in width and need not be more than 30 feet.

All buildings exceeding 15 feet in height as permitted under this section, shall have a side yard of not less than 20 feet; except the side yard on a corner lot facing the street frontage, shall not be less than 30 feet.

Rear Yard.

There shall be a rear yard for every building, including accessory buildings of not less than 20 feet in depth.

Distance Between Buildings.

Where one building is placed adjacent to and substantially parallel to another buildings, there shall be a minimum distance between the buildings of 15 feet. In no case shall buildings be closer than 15 feet from each other.

Coverage.

See Performance standards, Section 92.05.04.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Antennas.

The provisions of Section 93.08.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 2031 § 37, 2020; Ord. 2041 § 8, 2021)

§ 92.05.04 Performance standards.

A minimum of 45% of the site area shall be developed as usable landscaped open space and outdoor living and recreation area, with an adequate irrigation system.

(Ord. 1294, 1988)

§ 92.05.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.06.00 "R-4-VP" vehicle parking and large-scale hotel and multiple-family residential and limited commercial retail zone.

The R-4-VP zone is designed to provide for the development of large scale hotel complexes, hotels and multiple-family dwellings; alternate off-street parking areas for C-1AA uses and limited extension of commercial uses constructed in the C-1AA zone.

(Ord. 1294, 1988)

§ 92.06.01 Uses permitted.

Uses Permitted.

Buildings, structures and land shall be used and buildings and structures hereafter be erected, altered and enlarged only for the following uses. All uses shall be subject to the standards in Section 92.06.03.

All uses allowed in the R-4 zone, Section 92.05.01(A);

Off-street parking in conjunction with uses allowed in the C-1AA zone (Section 92.13.01), subject to parking lot design standards, Section 93.06.00;

Commercial uses when constructed as an extension of a development within, and subject to the standards of, the C-1AA zone, Section 92.13.00. Lot coverage of such extension shall not exceed 25% of the lot in the R-4-VP zone.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.05.03.

Uses Permitted by Land Use Permit.

Uses permitted by land use permit in the R-4 zone, Section 92.05.01(C).

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Uses permitted by conditional use permit in the R-4 zone, Section 92.05.01(D).

(Ord. 1294, 1988)

§ 92.06.02 Uses prohibited.

The provisions of the R-3 zone, Section 92.04.02 shall apply.

(Ord. 1294, 1988)

§ 92.06.03 Property development standards.

The provisions of the R-4 zone, Section 92.05.03 shall apply.

(Ord. 1294, 1988)

§ 92.06.04 Performance standards.

Residential.

The provisions of the R-4 zone, Section 92.05.04 shall apply.

Commercial.

The provisions of the C-1AA zone, Section 92.13.04 shall apply.

(Ord. 1294, 1988)

§ 92.06.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.07.00 "R-MHP" residential mobilehome park zone.

The R-MHP zone is intended to provide for the accommodation of residential mobilehomes in planned, integrated mobilehome parks at a standard which provides for the protection of the health, safety and welfare of the community. The R-MHP zone is deemed to be a multiple-family residential zone, and a mobilehome is deemed to be a dwelling.

(Ord. 1294, 1988)

§ 92.07.01 Uses permitted.

Uses Permitted.

Residential mobilehomes;

Dwelling for owner and manager, subject to the development standards of the R-1-C zone (Section 92.01.03). The residence may include the required management office space;

Social and recreation centers, which may include the following incidental uses operated primarily for the convenience of park residents. Such incidental uses shall be located not less than 100 feet from any street and not less than 50 feet from any property line. No merchandise or supplies shall be stored or displayed outside a completely enclosed building. There shall be no exterior sign except for a two square foot directional sign. Such incidental uses shall not occupy more than 20% of the interior space of any building.

Child care centers,

Food markets,

Office space in conjunction with the park operation,

Personal services,

Private recreation facilities such as swimming pools, putting greens, and shuffleboard and tennis courts,

Restaurants, including dancing and alcoholic beverage sales,

Restroom and required laundry facilities,

Sales of items related to maintenance and operation of trailers within the park,

Snack bars;

Multifamily dwellings at same density and standards as permitted in the R-G-A(8) zone, Section 92.02.00;

Accessory uses customarily incidental to the above uses and located on the same lot therewith;

Car wash area for the exclusive use of residents and guests;

Home occupations subject to the provisions of Chapter 5.22 of the Palm Springs Municipal Code.

Day care, small or large;

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, operated exclusively for the convenience of mobilehome park residents, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.07.03.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Recreational vehicle park, in conjunction with a mobilehome park; provided, the area developed for recreational vehicle spaces does not exceed 25% of the total mobilehome park area. See Section 94.02.00(H)(5) (Conditional use permit—Conditions for specific uses) for development standards.

(Ord. 1294, 1988; Ord. 2063 § 15, 2022; Ord. 2076, 1/12/2023

§ 92.07.02 Uses prohibited.

All uses and structures not permitted in Section 92.07.01 are deemed to be specifically prohibited. The following general classifications of uses shall not be permitted in this zone by commission determination.

Hotels;

Industrial uses.

(Ord. 1294, 1988)

§ 92.07.03 Property development standards for mobilehome parks.

The following property development standards shall apply to all land and buildings in the R-MHP zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Size of Mobilehome Park.

No parcel of land containing less than 10% acres may be used for the purposes permitted in the R-MHP zone.

Density.

There shall be a minimum of 5,000 square feet of gross lot area for each mobilehome space and dwelling unit provided in the mobilehome park.

Building Height.

Buildings and structures in this zone shall have a height not greater than 24 feet, and shall not exceed two stories in height, except as otherwise provided.

Yards.

General Provisions/Special Setbacks.

The provisions of Section 93.01.00 shall apply.

For properties which front on East Palm Canyon Drive, see Special setbacks, Section 93.01.02.

The setback of all buildings, mobilehome spaces and organized recreational areas from all property lines along public rights-of-way shall be a minimum of 40 feet. The setback from all other property lines shall be a minimum of 15 feet, except that a permanent structure shall have a minimum setback equal to one foot for every one foot of height of such structure.

Walls, Fences and Landscaping.

Each mobilehome park shall be entirely enclosed at its exterior boundaries as follows:

A six foot high decorative masonry wall shall be required where a mobilehome park abuts a street. Such wall shall be constructed within the 40 foot required setback, no closer than 25 feet from a property line.

A six foot high solid masonry wall shall be required where a mobilehome park abuts a single family zone, and where it abuts any other zone, there shall be screened landscaping of not less than six feet in height.

Permitted Fences and Walls.

The provisions of Section 93.02.00 shall apply.

Coverage.

No requirement.

Signs.

The provisions of Section 93.20.00 shall apply.

Access.

The provisions of Section 93.05.00 shall apply. There shall be no individual access to a mobilehome space from any public street or alley. Access to the park shall be from a dedicated street with a right-of-way of at least 60 feet in width. Access shall not be more frequent than every 200 feet.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1553, 1988)

§ 92.07.04 Property development standards within the mobilehome park.

Size of Mobilehome Space and Yards.

The size of mobilehome spaces shall be 3,500 square feet with a minimum width of 50 feet and a minimum depth of 70 feet.

Yards for Individual Mobilehome Spaces.

Front Yard.

There shall be a minimum front yard of 10 feet extending for the full width of the mobilehome space and measured from the interior street.

Side and Rear Yards.

There shall be a minimum side and rear yard of five feet. Where a side or rear yard abuts an access road, public parking area, or walk, such yards shall not be less than 10 feet in width.

Distance Between Mobilehomes.

There shall be not less than 10 feet between mobilehomes, including all appurtenant structures.

Where residential mobilehomes are located near any permitted building, other than another residential mobilehome, ramada or cabana, the minimum space between the mobilehome and such building shall be 15 feet.

Patio.

A cement concrete patio having a minimum area of 300 square feet, shall be installed as a part of each mobilehome space.

Tenant Storage.

A minimum of 90 cubic feet in a general storage locker shall be provided for each mobilehome space. Storage lockers may be located on the mobilehome space or in locker compounds.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Access Roads.

Access roads within a mobilehome park shall be paved to a width of not less than 25 feet.

Cement concrete rolled curbs and gutters shall be installed on both sides of all access road.

Access roads with paved width of less than 36 feet shall not be used for automobile parking at any time.

Where access roads are paved to a width of 36 feet or more, the required off-street parking provisions are waived for the number of spaces provided and marked off in the parking lanes on the street. Each marked space shall conform to the parking standards defined in this Zoning Code.

All access roads shall be adequately lighted.

Each mobilehome shall have frontage on an access road. A minimum 15 foot wide unobstructed access shall be provided to approved access road for the movement of mobilehomes and service vehicles.

Sanitary Sewer.

Each mobilehome space shall be provided with a connection to city sewer line. Mobilehomes that cannot be connected to a sanitary sewer system shall not be permitted to be used for human habitation. The sewer system or connection plans shall be subject to building department approval.

Electrical Service.

All electrical, telephone and television services within the mobilehome park shall be underground.

Park and Recreation Space.

There shall be provided a park and open recreation space having a minimum area of 200 square feet for each mobilehome space. Such spaces shall be consolidated into usable areas with minimum dimensions of not less than 100 feet.

Management Office.

Each mobilehome park shall maintain a management office with a gross floor area of not less than 200 square feet. The office shall include space for usual office furniture and supplies and shall contain a lavatory and water closet. Suitable facilities shall be provided for mail distribution.

Management Storage.

Storage space for supplies, maintenance materials and equipment shall be provided in a separate building or in a building with other facilities.

Laundry Facilities.

Laundry facilities equipped with washing machines and dryers shall be provided.

Outside drying yards shall be enclosed with a six foot high solid fence.

Recreational Vehicle Storage.

All recreational vehicles shall be stored in an area set aside for storage purposes on the approved plans. Such storage area shall be screened from view subject to the approval of the apartment of community development.

No accessory building shall be constructed as a permanent part of any mobilehome.

Trash Enclosures.

The provisions of Section 93.07.00 shall apply.

(Ord. 1294, 1988)

§ 92.07.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.08.00 "P" professional zone.

The "P" zone is intended to provide for the development of a professional district with necessary related retail commercial uses and other compatible facilities.

(Ord. 1294, 1988)

§ 92.08.01 Uses permitted.

Uses Permitted.

Accessory uses customarily incident to the permitted uses and located on the same lot therewith. The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00;

Animal day care;

Animal hospitals, including kennels as an accessory use;

Artist's studios, including on-premises galleries;

Childcare centers;

Conservatories;

Convalescent homes;

Drafting and art supply store;

Florist shop;

10.

Fortunetelling and similar psychic activities, subject to the applicable provisions of the Municipal Code;

11.

Hospitals;

12.

Libraries;

13.

Medical and sickroom equipment and supplies;

14.

Medical, dental and biological laboratories;

15.

Museums;

16.

Offices: executive, administrative and clerical offices (excluding building trade contractors, except those with a state license with an A-1 or B-1 classification);

17.

Optometrist;

18.

Pharmacy;

19.

Residential uses as follows:

Single-family dwellings and related accessory dwelling units in accordance with the development standards of Section 92.01.00 (R-1-C) zone, only if designated Residential (excluding Mixed Use) by the General Plan;

Mixed-use development, only if designated Mixed Use by the General Plan.

20.

Secretarial and clerical services;

21.

Tattoo parlors and body piercing.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety, and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.08.03.

Uses Permitted by Land Use Permit.

Banks, health clubs and restaurants; provided that such uses in total comprise less than 50% of the total floor area of a professional complex;

Religious institutions.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted, subject to approval of a conditional use permit as provided in Section 94.02.00:

Ambulance services, and accessory uses customarily incident to the permitted use; provided, the site is located on a major or secondary thoroughfare as indicated by the general plan;

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1841 § 2, 2014; Ord. 2016 § 2, 2020; Ord. 2041 §§ 9—12, 2021; Ord. 2076, 1/12/2023

§ 92.08.02 Uses prohibited.

All uses and structures not permitted in Section 92.08.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination:

Industrial uses;

Residential uses, except as otherwise permitted;

Retail sales, except those listed in uses permitted.

(Ord. 1294, 1988; Ord. 2016 § 3, 2020)

§ 92.08.03 Property development standards.

The following standards shall apply to all land and buildings in the "P" zone except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum area of 20,000 square feet.

Lot Dimensions.

Each lot shall have a minimum width of 130 feet.

Each lot shall have a minimum depth of 150 feet.

Each building site shall have a minimum frontage of 100 feet on a dedicated and improved street.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 24 feet and shall not exceed two stories.

Exceptions.

Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

Highrise buildings may be permitted, subject to the provisions of Sections 93.04.00 and 94.02.00.

Yards.

General Provision.

For general provisions, see Section 93.01.00.

Special Setbacks.

For properties fronting on Tahquitz Canyon Way, see Section 93.01.02.

Where property in the "P" zone abuts a street, there shall be a yard abutting such street of not less than 25 feet, which shall not be used for parking where abutting Major or Secondary Thoroughfares as defined by the General Plan.

Where property in the "P" zone abuts property in a residential zone, there shall be a yard of not less than 20 feet. Such yard may be used for parking. A wall six feet in height shall be installed on the zone boundary line, with screen landscaping adjacent to it.

Where property in the "P" zone abuts an alley which is a boundary with a residential zone, there shall be a yard of not less than 30 feet, measured from the side of the alley opposite the subject property. Such yard may be used for parking or loading.

Where property in the "P" zone abuts a street which is a boundary with a single-family residential zone, there shall be a yard abutting such street of not less than 50 feet for any structure or building with a height greater than 18 feet and one story. Not less than the 25 feet nearest the street shall be landscaped and maintained. The remainder may be used for parking; provided, a wall or mound not less than four feet in height is installed between the landscaped portion and the parking area.

Where property in the "P" zone abuts property in a commercial or industrial zone, there shall be a side yard of not less than 10 feet and a rear yard of not less than 15 feet. Such yard may be used for parking or loading.

Wall, Fences and Landscaping.

Walls shall be erected as required in Section 92.08.03(D).

The provisions of Section 93.02.00 shall apply.

Access.

The provisions of Section 93.05.00 shall apply.

Coverage.

Lot area coverage by buildings or structures shall not exceed 60% of the total lot area.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Storage.

All goods, wares, merchandise, produce and other commodities located upon the property shall be housed in permanent, entirely enclosed buildings. The conducting of an office use allowed in this zone shall not include any storage, equipment or trucks three-quarter (3/4) ton or larger.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

Residential Density.

Residential units developed within a mixed-use development shall be in conformance to the permissible density limits identified in the Land Use Element of the General Plan.

(Ord. 1294, 1988; Ord. 1500, 1995; Ord. 1553, 1998; Ord. 2016 § 4, 2020; Ord. 2041 § 13, 2021)

§ 92.08.04 Performance standards.

A minimum of 40% of the site area shall be developed as usable landscaped open space with an adequate irrigation system.

(Ord. 1294, 1988)

§ 92.08.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.09.00 "C-B-D" central business district zone.

The C-B-D zone is intended for the central business district, primarily retail business in character, with related hotels, multiple-family dwellings, and service, office, cultural and institutional uses. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian. Planted walkways, covered walks and open plazas that provide for sitting, dining, conversing, gathering and window shopping are permitted and encouraged.

The historic village center, within the central business district, is intended to serve as the center of the downtown with the primary economic activities focusing on specialty retail, restaurants and entertainment. The following streets shall be deemed to be within the Historic Village Center: Palm Canyon Drive, between Amado and Baristo Roads; Tahquitz Canyon Way, between Belardo Road and Indian Canyon Drive; Andreas Road, between Palm Canyon and Indian Canyon Drives; Arenas Road, between Belardo Road and Indian Canyon Drive; and Baristo Road, northerly side, between Palm Canyon and Indian Canyon Drives.

(Ord. 1294, 1988; Ord. 1423, 1992)

§ 92.09.01 Uses permitted.

Uses Permitted

Antique shops;

Artist studios;

Bicycle sales and rentals, including accessory repair;

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

Childcare centers;

Dance studios;

Financial institutions without drive-through facilities;

Grocery stores, less than 15,000 gross square feet in area;

Mixed-use development;

10.

Offices, located outside of the Historic Village Center, and limited to a maximum of 5,000 gross square feet in area at the street level;

11.

Outdoor display as an accessory to a permitted primary use and located on the same property as the permitted use in the CBD zone between Amado Road and Alejo Road.

Display of merchandise offered for sale within the 300-400 block of North Palm Canyon Drive only:

Merchandise shall be limited to furniture, antiques, fine arts and fine apparel.

ii.

A maximum of one item may be displayed within a single contiguous area of 16 square feet that is totally located in front of and adjacent to the primary use.

iii.

Items must be freestanding and not attached to any building.

iv.

The maximum height of the display shall be seven feet.

The display shall not be placed within the public right-of-way.

vi.

No product advertising nor signage may be placed on the display.

vii.

Prohibited items include all merchandise not specifically covered in item i above. Specifically prohibited items include, but are not limited to, accessories, display racks, mannequins (except torso display frames), and other similar items.

viii.

Approval of such display shall be subject to Section 94.04.00, minor architectural application, for a finding that the display is compatible with pedestrian movements and the character of the surrounding development.

12.

Parking lots and parking structures as a primary use;

13.

Personal services;

14.

Professional and trade schools;

15.

Public parks/plazas;

16.

Retail stores, limited to a maximum of 100 linear feet of frontage on any individual street and less than 15,000 gross square feet in area;

17.

Television and radio production and broadcast facilities;

Similar Use Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety, and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00.

Uses Permitted by Land Use Permit.

Indoor uses:

Animal daycare facilities (no kennels), located outside of the Historic Village Center;

Automotive rental agencies as part of a resort hotel. The following standards shall apply:

Standards prescribed in Section 92.04.01(A)(2). Accessory commercial uses for resort hotels shall be complied with;

ii.

Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only;

iii.

No service or repair facilities for the vehicles shall be permitted at the hotel site;

iv.

Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00;

Catering in conjunction with permitted main use;

Commercial recreation (indoor);

Conversion of existing upper-story floor area to multifamily residential use. The following standards shall apply:

Each unit shall contain complete kitchen and sanitary facilities;

ii.

No outdoor storage may be visible from any street;

iii.

Such conversion shall be subject to applicable building code provisions;

iv.

Additional standards as deemed appropriate by the Director, including considerations for open space, parking, and trash collection;

Farmers market;

Festivals and exhibits;

Health clubs and athletic clubs;

Hotels and resort hotels, provided that no more than 10% of the guest rooms contain kitchen facilities;

Lodges, meeting halls, private clubs, wedding chapels, and similar assembly uses;

Offices, located outside the Historic Village Center, in excess of 5,000 gross square feet of floor area on the street level;

Offices, located within the Historic Village Center, limited to a maximum area of 2,500 gross square feet of floor area on the street level;

Post office branches;

Restaurants, unless otherwise regulated;

Spas, subject to the following restrictions:

For spa facilities provided as an accessory use to a hotel or resort hotel, additional parking spaces shall be provided where the spa facilities are made available to non-hotel guests.

ii.

Where massage services are provided accessory to the spa use, compliance with the Palm Springs Municipal Code Chapter 5.34 shall be required.

Outdoor uses as an accessory to a permitted primary use and located on the same property as the permitted use:

Art displays;

Artisans and artists;

Bicycle display;

Car shows;

Christmas tree sales, not accessory to a primary use;

Display cases in malls or courts;

Farmers market;

Fashion shows;

Festivals, exhibits and special events;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining;

Plant and floral sales and displays;

Postcard displays (limited to one per store frontage);

Theatre and public assembly;

Vending carts dispensing the following:

Food;

ii.

Beverages;

iii.

Crafts;

iv.

Floral items;

Other uses as determined by the planning commission.

Outdoor uses as an accessory to a permitted primary use and located on public property including the public right-of-way (streets and sidewalks):

Art displays;

Artisans and artists;

Festivals, exhibits and special events;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining;

Plant and floral sales and displays;

Vending carts dispensing the following:

Food;

ii.

Beverages;

iii.

Crafts;

iv.

Floral items;

Other uses as determined by the planning commission.

Outdoor uses located on public property including the public right-of-way (streets and sidewalks) when conducted in a designated area approved by the city council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district:

Art displays;

Artisans and artists;

Car shows;

Farmers market;

Fashion shows;

Festivals, exhibits and special events;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining;

Plant and floral sales and displays;

Theatre and public assembly;

Tourism activities kiosks;

Vending carts dispensing the following:

Food;

ii.

Beverages;

iii.

Crafts;

iv.

Floral items;

Other uses as determined by the planning commission.

Uses Permitted by Conditional Use Permit.

Automobile service stations designed and constructed as an integral part of a parking structure;

Automobile showrooms, where at least 50% of autos displayed for sale shall be new or classic cars;

Cocktail lounges and nightclubs;

Convention centers;

Grocery store, greater than 15,000 gross square feet in area;

Hotels and resort hotels in which more than 10% of the guest rooms contain kitchen facilities;

Libraries/visitor's centers;

Liquor stores;

Movie theaters;

10.

Museums;

11.

Offices, located within the Historic Village Center, in excess of 2,500 square feet of gross floor area on the street level;

12.

Recreational facilities, commercial;

13.

Religious institutions;

14.

Retail stores, with over 100 linear feet of frontage on any individual street and/or greater than 15,000 gross square feet in area;

15.

Theaters;

16.

Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

(Ord. 1958 § 3, 2018; Ord. 1977 §§ 3, 4, 2019; Ord. 1984 §§ 21, 22, 2019; Ord. 2007 §§ 4, 5, 2019; Ord. 2020 §§ 21, 22, 2020; Ord. 2031 § 38, 2020; Ord. 2063 § 16, 2022; Ord. 2076, 1/12/2023

§ 92.09.02 Uses Prohibited.

All uses and structures not permitted in Section 92.09.01 are deemed to be specifically prohibited. The following classification of uses shall not be permitted in this zone by planning commission determination:

Adult entertainment establishments;

Animal kennels;

Auction galleries, except as otherwise permitted per chapter 5.04 of the Palm Springs Municipal Code;

Automobile rental, except as otherwise permitted;

Automobile service stations, except as otherwise permitted;

Contractor's offices;

Drive-in and drive-through facilities;

Industrial uses and manufacturing;

Massage establishments, except as otherwise permitted;

Mobilehome/RV parks;

Motor scooter, motorbike and motorcycle rentals and sales, both as a primary and accessory use;

Pawn shops;

Second-hand stores and used goods as primary uses;

Self-service laundries;

Single-family residences;

Tattoo parlors and body piercing;

Upholstery shops;

Wholesaling and warehousing.

(Ord. 1958 § 4, 2018)

§ 92.09.03 Property development standards.

The following property development standards shall apply to all land and buildings in the C-B-D zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum area of 9,600 square feet.

Lot Dimensions.

Each lot shall have a minimum width of 75 feet.

Each lot shall have a minimum depth of 128 feet.

Building Setbacks and Open Space.

General Provisions.

See Section 93.01.00(A), (B), (C), (F)(1—7).

Building Setbacks.

Where a new building fronts on Palm Canyon Drive, between Alejo Road and Ramon Road, the setback shall be a minimum of 50 feet from the centerline of the street. All other setbacks shall be governed by the provisions contained herein.

Where a new building abuts any street, the setback shall, at the street level, be an average of at least 10 feet zero inches from the property line. Trellises and covered walkways, subject to the provisions of Section 94.04.00 and to the approval of required agreements with the city, may be allowed within the setback area, and within the public right-of-way; provided, the public walkway is unobstructed and such trellis or cover is setback a minimum of five feet from the perimeter of any tree well.

Any portion of a building on the west side of the street and greater than 15 feet in height shall be setback an average of at least 20 feet from the property line; the planning commission has the authority to make adjustments in this requirement where the first level of the building is greater than 15 feet in height.

Open Space.

Commercial Uses.

Adjoining and in addition to the setback requirements in subsection (C)(2) of this section, all lots with frontage of 75 feet zero inches or more will be required to provide an additional open space area equivalent to at least 5% of the total lot area. The area shall be permanently maintained as open space visible from the public rights-of-way and not less than 30% of the subject area must maintain visual penetration to the sky.

ii.

All yards shall be completely landscaped or shall be paved with decorative materials and maintained for pedestrian use, or may be used for outdoor activities associated with the permitted use, including outdoor dining, floral displays or similar uses.

Residential and hotel uses shall provide open space equivalent to 45% of the net lot area. This requirement may include balconies, terraces, roof decks, or other similar features, which are useable by the occupants of such residential use.

Open space requirements for mixed-use developments shall be as determined by the planning commission.

All landscaped portions of required open space shall be equipped with an automatic irrigation system and shall be fully maintained regardless of whether the building is fully occupied.

Floor Area Allowance.

For the purpose of this subsection, floor area is the total gross floor area contained within the walls of all buildings on the property, including enclosed public malls, but excluding mechanical space in penthouses, space totally below ground level in basements, surface parking, and that area of parking structures up to one-half (½) level above the surface.

All buildings shall be allowed a floor area equal to the net area contained within the property lines, provided that all other requirements of this Zoning Code are met.

All buildings shall be allowed an increase of one square foot in the permitted floor area for every square foot of yard area improved with landscaping or decorative pavement which is in excess of the requirements of subsection (C)(3)(a) of this section, this calculation shall not include decorative pavement in parking areas outside the setback area.

Building Height.

Defined (Deleted by Ord. 1418);

Buildings and structures shall have a height not greater than 30 feet, except as provided below:

Highrise buildings will be subject to the provisions of Sections 93.04.00 and 94.02.00.

For permitted projections above building height limit, the provisions of Section 93.03.00 shall apply.

Residential Density. Residential units developed within the CBD zone shall be at a minimum density of 21 dwelling units per acre and a maximum density of 30 dwelling units per acre, with the following exceptions:

There shall be no minimum density threshold where existing upper-story commercial floor area is converted to residential use in accordance with subsection 92.09.01(C)(1)(e); the maximum density for such conversions shall be 30 dwelling units per acre.

Up to 70 dwelling units per acre may be permissible in the Downtown Central Core, as that area is defined in the General Plan, subject to the approval of a Planned Development District or Specific Plan.

Additional density may be permissible in accordance with the density bonus requirements listed in section 92.23.17.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1977 § 5, 2019)

§ 92.09.04 Performance standards.

Parking Policy.

Objective. To provide a uniform and fair parking policy attributable to all existing and proposed development within the Palm Springs central business district and to encourage the development of centralized parking to serve the needs of the public, as opposed to the scattered development of parking immediately adjacent to a particular enterprise. Dual use of parking spaces shall be encouraged wherever possible pursuant to Section 93.06.00.

Where existing structures are to remain or be remodeled without a change of use or an increase in floor area, no additional parking or in-lieu payment will be required.

Where existing structures are to be remodeled to expand the structure, additional parking shall be provided or a payment into the off-street parking fund in the amount provided by city council resolution shall be calculated based on the increase in floor area only.

Where new structures are to be constructed on vacant land or are to replace existing structures, parking, as required by this section, shall be provided or a payment into the off-street parking fund in the amount provided by city council resolution shall be required, or other alternatives to provide for parking demand may be approved by agreement with the city council. Wherever the applicant may be permitted the option of paying the in-lieu parking fee, or an additional option either partially or wholly in lieu of such payment, the applicant and city may enter a binding enforceable agreement which shall have a beneficial effect on parking for the project and surrounding property as constructing the on-site parking, and the city shall make findings concerning such beneficial effect in approving said agreement.

Uses within the central business district zone shall provide numbers of spaces in accordance with Section 93.06.00, except as otherwise provided for by Section 92.26.00 "D" downtown parking combining zone.

Parking Requirements.

Parking lot design standards shall conform to Section 93.06.00.

Parking lot entrances shall be improved with decorative paving for a minimum distance of 10 feet back of the right-of-way line.

Vehicular Access to Property and Service Areas. The provisions of Section 93.05.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply, except for Section 93.07.01(B), which shall be modified as follows:

Land Use	Loading Spaces Required
1. Commercial buildings	1
2. Hotels (40 or more rooms)	1
3. Restaurants (40 or more seats)	1
4. Other uses	1

More than one lot and/or owner may form agreements in the C-B-D zone to allow common usage of loading areas; provided that, the buildings are determined by the Director to be readily accessible to the common loading space(s).

Signs.

The provisions of Section 93.20.00 shall apply.

Storage and Other Outdoor Activity.

All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings unless being transported, with the following exceptions:

Activities and uses outlined in Section 92.09.01(B): (Uses Permitted by Land Use Permit).

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1565, 1999; Ord. 2031 § 39, 2020)

§ 92.09.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.10.00 "C-D-N" designed neighborhood shopping center zone.

The C-D-N zone provides an opportunity for convenience commercial uses to be oriented directly to the residential neighborhood they serve by means of a planned commercial complex. The shopping centers established under this zone are intended to be an integrated element of the neighborhood and to promote a harmonious relationship between convenience services and the residential environment through compatibility of site design and architectural treatment of structures. The C-D-N zone will not be granted until a conditional use permit has been granted and all conditions complied with.

(Ord. 1294, 1988)

§ 92.10.01 Uses permitted.

Uses Permitted.

Convenience commercial uses established in a C-D-N complex shall direct their activities to serving the specific neighborhood in which they are located. Those businesses or services that require a market area beyond the sphere of the immediate neighborhood and draw customers or clients from community-level facilities or from the downtown business district are not considered to be an appropriate use in the C-D-N zone.

Buildings, structures and land shall be used and buildings and structures shall be erected, altered or enlarged only for the following uses, with specific limitations of size and scope. All uses shall be subject to the standards in Section 92.10.03.

Auto parts, retail;

Athletic and health clubs;

Bakeries, retail;

Banks and savings and loan institutions, branch offices limited to a maximum of 10,000 square feet gross floor area;

Barber and beauty shops;

Bicycle sales, repair and rental;

Book, gift and stationery stores;

Camera shops;

Catering, in conjunction with a permitted food service use;

10.

Childcare centers;

11.

Clothes cleaning and laundry agencies;

12.

Drug or variety stores limited to the sale of merchandise that can be carried out by the customer. Sale of major furniture items or appliances is prohibited;

13.

Florists;

14.

Food service facilities of all types (except drive-in and drive-through types);

15.

Hardware and houseware stores;

16.

Hobby and craft shops;

17.

Ice cream shops;

18.

Interior decorating and home accessory shops;

Jewelry stores;

Laundromats;

Liquor stores;

Locksmiths;

Musical instrument sales;

24.

Newsstands;

25.

Offices (all types except contractors);

26.

Paint stores;

27.

Pet shops including pet grooming (no kennel facilities);

28.

Plant nurseries (sales);

29.

Post Office branches;

30.

Radio, television and appliance sales and repair;

31.

Shoe repair shops;

32.

Specialty food stores; provided, no live animals are kept on the premises;

33.

Supermarkets and food stores;

34.

Tailor shops (retail only);

35.

Toy stores;

36.

Travel agencies;

37.

Veterinary clinic, outpatient only;

38.

Wearing apparel shops;

39.

Accessory uses customarily incidental to the permitted use and located on the same lot therewith;

40.

Convenience stores.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.09.03.

Uses Permitted by Land Use Permit.

Art displays;

Car shows;

Christmas tree sales not as an accessory use to a main use;

Commercial recreation (indoor);

Festivals, exhibits and special events;

Musicians/entertainment (subject to provisions of noise ordinance);

Recycling collection center as an accessory use on a developed property;

Outdoor dining;

Religious institutions.

Uses Permitted by Conditional Use Permit (unless otherwise permitted).

Automobile service stations, limited to the dispensing of motor fuels and oils, lubrication, sales and service of tires, tubes, batteries, and other minor accessories. No major automotive repair shall be permitted, such as radiator, engine, transmission or body repair;

Car washes;

Drive-through facilities;

Family pool parlors;

Nightclubs.

(Ord. 1294, 1988; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1841 § 4, 2014; Ord. 2020 §§ 23—25, 2020; Ord. 2076, 1/12/2023

§ 92.10.02 Uses prohibited.

All uses and structures not permitted in Section 92.10.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination:

Automotive repair garages;

Drive through (Deleted by Ord. 1366);

Industrial uses;

Motorcycle rentals and sales;

Nightclubs (Deleted by Ord. 1553);

Residential uses, including hotels;

Wholesaling and warehousing.

(Ord. 1294, 1998; Ord. 1366, 1991; Ord. 1553, 1998)

§ 92.10.03 Property development standards.

The following property development standards shall apply to all land and buildings in the C-D-N zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Site Area.

Each neighborhood shopping center shall have a minimum site area of 10 acres and a maximum of 30 acres.

Site Dimensions.

Each neighborhood shopping center shall have a minimum width and minimum depth of 450 feet.

Each neighborhood shopping center shall have a minimum frontage of 450 feet on at least one dedicated and improved major or secondary thoroughfare.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 30 feet.

Exceptions.

Permitted Projections Above Building Height Limit.

The provisions of Section 93.03.00 shall apply.

Yards.

For general provisions see Section 93.01.00. For properties fronting on E. Palm Canyon Drive, see Special setbacks, see Section 93.01.02.

Where the C-D-N Zone abuts a street, there shall be a minimum yard abutting such street as follows:

Twenty-five percent of the total site frontage may have buildings constructed 25 feet from the property line. The remainder of the site must observe a yard of 50 feet from property line.

All parking must be set back a minimum of 20 feet from the property line.

Where the C-D-N zone abuts property in any residential or open zone, there shall be a yard of not less than 50 feet. A wall six feet in height shall be installed on the zone boundary line. Such yard may be used for parking or driveways provided the 10 feet nearest the wall is densely landscaped.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-Street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Loading docks which are located within 150 feet of a residential zone boundary, shall be screened from view from the residential area.

Signs.

The provisions of Section 93.20.00 shall apply.

Storage.

Activities and uses outlined in Section 92.10.01(C) (Uses Permitted by Land Use Permit);

Automobile service stations (pursuant to Section 94.02.00(H)(2)(j));

Plant nursery sales, limited to living plants.

Lighting.

All lighting shall be indirect or shielded and so designed as to reflect away from adjoining properties, and shall comply with provisions of Section 93.06.00(C)(4).

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1500, 1995; Ord. 1553, 1998)

§ 92.10.04 Performance standards.

The shopping center shall be developed and maintained in a totally integrated unit with continuous vehicular and pedestrian systems, as well as a unified architectural and landscape treatment.

The shopping center design shall make provision for other transportation systems, such as buses and bicycles as well as private automobiles.

(Ord. 1294, 1988)

§ 92.10.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.11.00 "C-S-C" community shopping center zone.

The C-S-C zone is designed to combine the general variety of community-level commercial services, in a planned shopping complex. The organization of services into a coordinated and interrelated complex is found to be a desirable alternative to scattered strip commercial development. The C-S-C zone will not be granted until a conditional use permit has been approved and all conditions complies with.

(Ord. 1294, 1988; Ord. 1611 § 1, 2002; Ord. 1654, 2004)

§ 92.11.01 Uses permitted.

Uses Permitted.

A community shopping center should feature those commercial sales and service establishments that satisfy the primary needs of the city's residential community at large. It is neither intended nor permitted for these facilities to dilute or to detract from the commercial base established in the downtown shopping district. Tourist-oriented commercial uses are not considered to be viable land use in the C-S-C zone.

Buildings, structures and land shall be used and buildings and structures shall thereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.11.03.

All uses allowed in the C-D-N zone, Section 92.10.01(A);

Department stores;

Bowling alleys;

Home improvement centers;

Religious institutions;

Roller or ice skating facilities;

Theaters.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar top those listed above, and no more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.09.03.

Uses Permitted by Land Use Permit.

Uses permitted by land use permit in the C-D-N zone, Section 92.10.01(B).

Uses Permitted by Conditional Use Permit (unless otherwise permitted).

If not approved as part of the original plan, the following uses may be permitted subject to further approval of a conditional use permit, as provided in Section 94.02.00. Such uses shall be designed integrally with the center.

Bowling alleys (Deleted by Ord. 1418);

Business schools not exceeding 40,000 square feet of gross building area;

Car washes;

Churches, freestanding;

Drive-through facilities;

Nightclubs as a primary use;

Recreation centers, not otherwise regulated herein;

Theaters (Deleted by Ord. 1418).

(Ord. 1294, 1988; Ord. 1307, 1988; Ord. 1418, 1992; Ord. 1611 § 2, 2002; Ord. 1654, 2004; Ord. 1841 § 5, 2014; Ord. 2020 § 26, 2020)

§ 92.11.02 Uses prohibited.

All uses and structures not permitted in Section 92.11.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination.

Automotive repair garages;

Industrial uses;

Motorcycle rentals and sales, both as a primary and accessory use;

Residential uses, not otherwise allowable;

Wholesaling and warehousing.

(Ord. 1294, 1988; Ord. 1611 § 3, 2002)

§ 92.11.03 Property development standards.

The following property development standards shall apply to all land and buildings in the C-S-C zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Site Area.

Each community shopping center shall have a minimum site area of 15 acres and a maximum of 60 acres. The site area shall generally correspond with the standards set forth in the general plan.

Site Dimensions.

Each community shopping center shall have a minimum frontage of 500 feet on at least one dedicated and improved major or secondary highway.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 30 feet.

Exception.

High-rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

Permitted Projections Above Building Height Limit.

The provisions of Section 93.03.00 shall apply.

Yards.

General Provisions.

The provisions of Section 93.01.00 shall apply.

Special Setbacks.

For properties fronting Tahquitz Canyon Way or E. Palm Canyon Drive, see Special setbacks, Section 93.01.02.

Where property in the C-S-C zone abuts a street, there shall be a minimum yard abutting such street as follows:

Twenty-five percent of the total site frontage may have buildings constructed 25 feet from the property line.

The remainder of the site must have a minimum setback of 35 feet from the property line.

All parking must be set back a minimum of 20 feet from the property line.

Where property in the C-S-C zone abuts property in any residential, there shall be a yard of not less than 50 feet. A wall no less than six feet in height shall be installed on the zone boundary line; a wall no greater than eight feet in height may be installed with planning commission approval. Such yard may be used for parking or drives, provided the 10 feet nearest the wall is densely landscaped.

Walls, Fences and Landscaping.

Walls shall be erected as required in Section 92.10.03(D)(3).

The provisions of Section 93.02.00 shall apply.

Access.

The provisions of Section 93.005.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Loading docks, which are located within 150 feet of a residential zone boundary, shall be screened from view from the residential area.

Signs.

The provisions of Section 93.20.00 shall apply.

Storage.

All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered, or displayed for sale or exchange shall be housed in permanent buildings with the following exceptions:

Automobile service stations (pursuant to Section 94.02.00(H)(2)(j));

Plant nursery sales, limited to living plants;

Activities and uses outlined in Section 92.11.01(C) (Uses Permitted by Land Use Permit).

Lighting.

All lighting shall be indirect or shielded and so designed as to reflect away from adjoining properties, and shall comply with provisions of Section 93.21.00 Outdoor Lighting Standards.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1611 § 4, 2002)

§ 92.11.04 Performance standards.

The shopping center shall be developed and maintained as a totally integrated unit with continuous vehicular and pedestrian systems, as well as a unified architectural and landscape treatment.

The shopping center design shall make provision for other transportation systems, such as buses and bicycles, as well as private automobiles.

(Ord. 1611 § 5, 2002)

§ 92.11.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1611 § 6, 2002)

§ 92.12.00 "C-1" retail business zone.

The C-1 zone is intended as a business district, primarily retail business in character, with related hotels, service, office, cultural and institutional uses.

(Ord. 1294, 1988)

§ 92.12.01 Uses permitted.

Uses Permitted.

Accessory uses customarily incidental to the permitted uses and located on the same lot therewith;

Antique shops;

Apparel stores;

Art galleries;

Artists studios;

Art schools;

Athletic or health clubs;

Auto parts (Deleted by Ord. 1502);

Bakeries, retail;

10.

Banks and savings and loan institutions;

11.

Barber shops;

12.

Baths (Deleted by Ord. 1502);

13.

Beauty parlors and colleges;

14.

Bicycle sales including accessory repair;

15.

Blueprinting and photocopying;

16.

Book and stationery stores;

17.

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

18.

Catering, in conjunction with a permitted food service use;

19.

Childcare centers;

20.

Confectionery stores;

Dancing studios;

Department stores;

Drug stores;

Film and camera sales and exchange;

25.

Florist shops;

26.

Food stores and delicatessens;

27.

Furniture stores;

28.

Gift and hobby shops;

29.

Hardware and appliance stores;

30.

Hotels and resort hotels;

31.

Jewelry stores;

32.

Laundromats (Deleted by Ord. 1324);

33.

Libraries;

34.

Liquor stores (Deleted by Ord. 1324);

35.

Medical/sick room supplies (retail);

36.

Mixed-use development;

37.

Modeling schools;

38.

Movie, radio and TV production and broadcast facilities;

Museums;

Music shops;

Newsstands;

Offices not including storage or presence of goods, materials, supplies or equipment not consumed or used by office use on the premises, or storage or presence of vehicles not used to transport business personnel or patrons to and from the premises;

43.

Outdoor display as an accessory to a permitted main use and located on the same property as the permitted use in the Uptown district north of Alejo Road.

Display of merchandise offered for sale in the Uptown area on North Palm Canyon Drive between Alejo Road and Vista Chino Road:

Merchandise shall be limited to furniture, antiques, fine arts and fine apparel.

ii.

A maximum of three items may be displayed within a single contiguous area of 32 square feet that is totally located on front of and adjacent to the primary use.

iii.

Items must be freestanding and not attached to any building.

iv.

The maximum height of the display shall be seven feet.

The display shall not be placed within the public right-of-way.

vi.

No product advertising nor signage may be placed on the display.

vii.

viii.

Approval of such display shall be subject to Section 94.04.00, minor architectural approval for a finding that the display is compatible with pedestrian movements and the character of the surrounding development.

44.

Pet stores, pet grooming;

45.

Photographers studios;

46.

Private clubs;

47.

Religious institutions;

48.

Restaurants, with or without outdoor dining, excluding drive-in or drive-through restaurants, or those within mixed-use developments in excess of 20,000 square feet of floor area;

49.

Security exchange;

50.

Shoe stores;

51.

Small appliance shops and service;

52.

Supermarkets;

53.

Tailor shops;

54.

Theaters, movie and legitimate stage;

55.

Travel agencies;

56.

Toy stores;

57.

Used/consignment merchandise in conjunction with new merchandise or antiques, provided 50% of stock is new merchandise or antiques.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.09.03.

Uses Permitted by Land Use Permit.

Indoor Uses:

Animal day care;

Auction houses, pursuant to Chapter 5.04 of the Municipal Code;

Automotive rental agencies as part of a resort hotel. The following standards shall apply:

Standards prescribed in Section 92.04.01(A)(2), Accessory Commercial Uses for Resort Hotels, shall be complied with,

ii.

Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only,

iii.

No service or repair facilities for the vehicles shall be permitted at the hotel site,

iv.

Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00;

Bicycle rental;

Catering in conjunction with permitted main use;

Commercial recreation (indoor);

Conversion of existing upper-story floor area to apartments. The following standards shall apply:

Each unit shall contain complete kitchen and sanitary facilities,

ii.

No outdoor storage may be visible from any street,

iii.

Such conversion shall be subject to applicable building code provisions,

iv.

Additional standards as deemed appropriate by the Director, including considerations for open space, parking, and trash collection;

Farmers market;

Festivals and exhibits;

Ice cream parlors;

Lodges, meeting halls, private clubs, wedding chapels, and similar assembly uses;

Restaurants within mixed-use developments;

Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs provided as outlined in Chapter 5.34 of the Municipal Code and such facility is in compliance with Chapter 5.34 of the Municipal Code;

Special purpose schools;

Take-out food service in conjunction with permitted restaurant use;

Valet cleaning service.

Outdoor uses as an accessory to a permitted main use and located on the same property as the permitted use:

Art displays;

Artisans, artists;

Car shows;

Christmas tree sales not as an accessory use to a main use;

Display cases in malls or courts;

Farmers market;

Fashion shows;

Festivals, exhibits and special events;

Florists;

Musicians/entertainment (subject to provisions of noise ordinance);

Plant and floral sales and displays;

Postcard displays (limited to one per store frontage);

Recycling collection center as an accessory use on a developed property;

Theatre and public assembly;

Vending carts dispensing the following:

Food,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Other uses as determined by the planning commission.

Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way (streets and sidewalks):

Art displays;

Artisans, artists;

Festivals, exhibits and special events;

Florists;

Install auto accessories (Deleted by Ord. 1324);

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining including beverage service;

Plant and floral sales and displays;

Vending carts dispensing the following:

Food,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Other uses as determined by the planning commission.

Outdoor uses located on public property including the public right-of-way (streets and sidewalks) and conducted in a designated area approved by the City Council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district:

Art displays;

Artisans, artists;

Car shows;

Farmers market;

Fashion shows;

Festivals, exhibits and special events;

Florists;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining including beverage service;

Plant and floral sales and displays;

Theatre and public assembly;

Vending carts dispensing the following:

Food,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Antiques and collectibles,

vi.

Other uses as determined by the planning commission.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Ambulance services, and accessory uses customarily incident to the permitted use; provided, the site is located on a major or secondary thoroughfare as indicated by the general plan;

Automobile parking lots not in conjunction with a permitted use, subject to the provisions of Section 93.06.00;

Automobile parking structures;

Auto parts and accessories, retail, and installation of same;

Automobile sales agencies (at least 50% of autos displayed for sale shall be new);

Automobile service stations;

Car washes;

Churches;

Cocktail lounges and night clubs as a primary use;

10.

Commercial recreational facilities;

11.

Convenience stores;

12.

Convention center;

13.

Drive-through facilities;

14.

Hotels in which more than 10% of the guest rooms contain kitchen facilities;

15.

Laundromats;

16.

Liquor stores;

17.

Motorcycle rental provided there is no fluid service or engine part removal or repair conducted on the premises. All activities including instructions and driver checkout are to be conducted on private property within an approved parking area. In order to address potential noise concerns, all rental bikes will maintain the original exhaust systems approved by the manufacturer and the state of California;

18.

Multifamily residential use;

19.

Pawn shops, provided that no pawn shop is located closer than 2,500 feet to another;

20.

Restaurants within a hotel containing from 30 to 99 guest rooms;

21.

Spas provided that staff is licensed and trained in the particular programs provided and such facility is in compliance with Chapter 5.34 of the Municipal Code;

22.

Spas as an accessory use to a hotel subject to the following standards:

The hotel has a minimum of 15 guest rooms,

Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code,

Such facility shall comply with Chapter 5.34 of the Municipal Code;

23.

Thrift shops operated by charitable organizations;

24.

Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

(Ord. 1294, 1988; Ord. 1324, 1989; Ord. 1347, 1990; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1502, 1995; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 10, 2000; Ord. 1633 § 2, 2003; Ord. 1841 § 6, 2014; Ord. 1943 § 3, 2017; Ord. 1977 §§ 6—8, 2019; Ord. 1984 § 23, 2019; Ord. 2007 §§ 6, 7, 2019; Ord. 2020 §§ 27—29, 2020; Ord. 2031 § 40, 2020; Ord. 2041 § 14, 2021; Ord. 2063 § 17, 2022; Ord. 2076, 1/12/2023

§ 92.12.02 Uses prohibited.

All uses and structures not permitted in Section 92.12.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination:

Automobile sales, used, as a primary use, and major repair;

Dog kennels and catteries;

Industrial uses;

Motor scooter and motorbike rentals and sales, both as a primary and accessory use;

Single-family residences;

Wholesale and warehousing;

Thrift shops not operated by charitable organizations;

Mobilehome parks.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1502, 1995; Ord. 1553, 1998; Ord. 1590 § 11, 2000)

§ 92.12.03 Property development standards.

The following property development standards shall apply to all land and buildings in the C-1 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum area of 20,000 square feet.

Lot Dimensions.

Each lot shall have a minimum width of 100 feet.

Each lot shall have a minimum depth of 150 feet.

Each building site shall have a minimum frontage of 100 feet on a dedicated and improved street.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 30 feet.

Exception.

High rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

Permitted Projection Above Building Height Limits.

The provisions of Section 93.03.00 shall apply.

Setbacks and Yards.

Building Setbacks.

Where a building in the C-1 zone abuts any street there shall be a minimum five foot building setback from property line along the entire street frontage except as follows:

That the setback may be reduced along a portion of the frontage; provided, the remainder of the setback is increased an equal amount so as to provide an average setback of not less than five feet; and further provided, the setback area is not less than 25% of the width of the frontage.

For properties which front on Tahquitz Canyon Way, see Special setbacks, Section 93.01.02.

Yards.

A minimum of 50% of all yard areas created as a result of minimum building setback requirements above shall be maintained in decorative landscaping; the remainder may be maintained in decorative paving.

Where the C-1 zone abuts property in a residential zone, there shall be a yard of not less than 20 feet. A wall six feet in height shall be installed at the zone boundary line, with the five feet nearest the wall in landscaped screen pursuant to the approved plans. Where the zone boundary abuts R-2 or R-3 property which is already in use for public parking, no wall is required. Where the zone boundary abuts an alley which is a boundary of a residential zone, there shall be a yard of not less than 10 feet.

Residential Density. Residential units developed within the C-1 zone shall be in conformance to the permissible density limits identified in the Land Use Element of the General Plan. Additional density may be permissible in accordance with the density bonus requirements listed in section 93.23.17.

Access.

The provisions of Section 93.05.00 shall apply.

Walls, Fences and Landscaping.

Walls shall be erected as required in Section 92.12.03(D)(2)(b).

The provisions of Section 93.02.00 shall apply.

Coverage.

No requirements.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Storage.

All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings with the following exceptions:

Outdoor dining as an accessory to, and located on the same property as, a permitted restaurant use;

Activities and uses permitted by land use permit as outdoor uses.

Minimum Building Area.

The minimum gross floor area for each commercial building shall be 2,000 square feet.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1553, 1998; Ord. 1977 § 9, 2019)

§ 92.12.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.13.00 "C-1AA" large-scale retail commercial zone.

This C-1AA zone is designed to provide for the integration of large-scale retail commercial development with resort hotel complexes, hotels and multiple-family dwellings.

(Ord. 1294, 1988)

§ 92.13.01 Uses permitted.

Uses Permitted.

Residential Uses.

Hotels and multiple-family dwellings subject to the standards in the R-4 zone, Section 92.05.00, which include the provision for high rise structures.

Business and commercial uses as follows:

Antique shops;

Artist's studios (but not motion picture studios);

Banks;

Bakeries (retail);

Barber shops;

Baths (Deleted by Ord. 1502);

Beauty parlors;

Bicycle rental (indoor);

Blueprinting and photocopying;

Book and stationery stores;

Cabaret and cocktail lounge in connection with restaurants only, as defined in this section. Any such use shall not be located closer than 300 feet to a cemetery;

Clinics;

Cemetery;

Childcare centers;

Clothes cleaning agency or pressing establishment, not including a cleaning plant;

Confectionery stores;

Conservatories;

Delicatessen (Deleted by Ord. 1553);

Department stores;

Dry goods and notion stores;

Film and camera sales and exchange;

Florist shops;

Furniture stores;

Health/athletic clubs;

Interior decoration shops;

Jewelry;

aa.

Liquor store (Deleted by Ord. 1553);

bb.

Movie, radio and television production and broadcast facilities;

cc.

Newspaper/periodical shops;

dd.

Offices (all types except contractors);

ee.

Pharmacy;

ff.

Photographers studios;

gg.

Restaurants, tea rooms (Deleted by Ord. 1553);

hh.

Shoe shops;

ii.

Specialty food stores;

jj.

Storage of goods within a building as an accessory to a permitted retail use, but no general warehouses;

kk.

Theaters (indoor);

ll.

Valet cleaning and pressing in conjunction with hotel use only.

Accessory buildings and uses customarily incidental to the permitted uses and located on the same lot therewith.

Automobile parking lots not in conjunction with a permitted use, subject to the provisions of Section 93.06.00.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.13.03.

Uses Permitted by Land Use Permit.

Indoor uses:

Automotive rental agencies as part of a resort hotel. The following standards shall apply:

Standards prescribed in Section 92.04.01(A)(2), Accessory commercial uses for resort hotels, shall be complied with,

ii.

Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only,

iii.

No service or repair facilities for the vehicles shall be permitted at the hotel site,

iv.

Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00;

Catering in conjunction with permitted main use;

Commercial recreation (indoor);

Delicatessen (provided no animals are kept or slaughtered on the premises);

Farmers market;

Festivals and exhibits;

Ice cream parlors;

Liquor store;

Religious institutions;

Restaurants;

Spa as an accessory use to a beauty parlor or health/athletic club provided the staff is licensed and trained in the particular programs provided and such facility is in compliance with Chapter 5.34 of the Municipal Code;

Take-out food service in conjunction with permitted restaurant use.

Outdoor uses as an accessory to a permitted main use and located on the same property as the permitted use:

Art displays;

Artisans, artists;

Car shows;

Christmas tree sales not as an accessory use to a main use;

Display cases in malls or courts;

Farmers market;

Fashion shows;

Festivals, exhibits and special events;

Florists;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining including beverage service;

Plant and floral sales and displays;

Postcard displays (limited to one per store frontage);

Theatre and public assembly;

Vending carts dispensing the following:

Food,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Other uses as determined by the planning commission.

Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way (streets and sidewalks):

Art displays;

Artisans, artists;

Festivals, exhibits and special events;

Florists;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining including beverage service;

Plant and floral sales and displays;

Vending carts dispensing the following:

Food,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Other uses as determined by the planning commission.

Outdoor uses located on public property including the public right-of-way (streets and sidewalks) and conducted in a designated area approved by the city council and undertaken as part of a festival, event or program to promote commercial, artistic or cultural activity in the downtown district:

Art displays;

Artisans, artists;

Car shows;

Farmers market;

Fashion shows;

Festivals, exhibits and special events;

Florists;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining including beverage service;

Plant and floral sales and displays;

Theatre and public assembly;

Vending carts dispensing the following:

Antiques and collectibles,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Food,

vi.

Other uses as determined by the planning commission.

Uses Permitted by Conditional Use Permit.

The provisions of Section 94.02.00 shall apply.

Auto parking structures;

Discotheques, nightclubs and cocktail lounges;

Drive-through facilities, unless otherwise prohibited;

Grocery store, subject to the C-D-N zone standards, Sections 92.10.03 through 92.10.05, and applicable provision of the general plan;

Hotels in which more than 10% of the guest rooms contain kitchen facilities, subject to the standards in the R-4 Zone, Sections 92.05.03 through 92.05.05;

Liquor store;

Spas provided the staff is licensed and trained in the particular programs in accordance with Chapter 5.34 of the Municipal Code and provided such facility is in compliance with Chapter 5.34 of the Municipal Code;

Spas as an accessory use to a hotel subject to the following standards:

The hotel has a minimum of 15 guest rooms,

Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code,

Such facility shall comply with Chapter 5.34 of the Municipal Code;

Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

(Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1482, 1994; Ord. 1502, 1995; Ord. 1553, 1998; Ord. 1590 §§ 12, 13, 2000; Ord. 1841 § 7, 2014; Ord. 2020 §§ 30—32, 2020; Ord. 2063 § 18, 2022; Ord. 2076, 1/12/2023

§ 92.13.02 Uses prohibited.

All uses and structures not permitted in Section 92.13.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination.

Animal hospitals;

Automobile sales agencies;

Bicycle sales and repair shops;

Billiard parlors;

Blueprinting, photostatting (Deleted by Ord. 1418);

Cleaning establishments or operations;

Convenience food/sundries store;

Dressmaking and alteration, except where accessory to a permitted retail clothing sale use;

Drive-in theaters;

10.

Gasoline service stations;

11.

Grocery (Deleted by Ord. 1502);

12.

Hardware and appliance store, except where accessory to a permitted retail sales use;

13.

Hospitals and convalescent homes;

14.

Laundry, launderettes and laundromats;

15.

Meat market;

16.

Miniature golf course;

17.

Motor scooter, motorbike and motorcycle rentals and sales, both as a primary and accessory use;

18.

Radio, TV or appliance repair, except where accessory to a permitted retail sales use;

19.

Repair or storage garages;

20.

Schools and churches;

21.

Shoe repair shop;

22.

Sign painting shops;

23.

Single family dwellings;

Trade schools;

Mobilehome parks;

Trailer storage;

Wholesale or warehouse use, except as permitted under storage of goods.

(Ord. 1294, 1988; Ord. 1418, 1992; Ord. 1502, 1995)

§ 92.13.03 Property development standards.

The following property development standards shall apply to all land and buildings in the C-1AA zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum area of two gross acres.

Building Floor Area.

Minimum ground floor area for every development shall be 5,000 square feet. For extension of building area into the R-4VP zone, see Section 92.06.00.

Building Height.

Buildings and structures erected in this zone shall have height not greater than 30 feet.

Exceptions.

Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

High rise buildings may be permitted pursuant to Sections 93.04.00 and 94.02.00.

Yards.

Front Yard.

Thirty-five percent of the frontage of an individual site may have buildings constructed 20 feet from the front property line or side property line on a corner lot. The remainder of these buildings shall have an additional 15 foot setback.

Side Yard.

There shall be side yards with a minimum width of 20 feet.

Rear Yard.

There shall be a rear yard of not less than 20 feet in depth.

Special Setbacks.

For properties fronting on Tahquitz Canyon Way, see Section 93.01.02 and subsection E of this section.

Off-street Parking.

Automobile off-street parking spaces shall be provided as follows:

No parking areas are to front on Tahquitz Canyon Way or Sunrise Way unless the parking area is constructed no closer than 25 feet from the front property line, with such 25 feet to be landscaped pursuant to approved plans.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Coverage.

See Performance Standards, Section 92.13.04.

Lighting.

All lighting shall be indirect or shielded and so designed as to reflect away from adjoining properties and shall comply with the provisions of Section 93.06.00(C)(4).

Storage.

All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings unless otherwise permitted.

Signs.

The provisions of Section 93.20.00 shall apply.

Access.

The provisions of Section 93.05.00 shall apply.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Antennas.

The provisions of Section 93.08.00 shall apply.

(Ord. 1294, 1988; Ord. 1500, 1995; Ord. 1553, 1998)

§ 92.13.04 Performance standards.

Landscaping.

Thirty percent of building site shall be landscaped, which may include all of the front yard setback and side yard setback on a corner lot.

(Ord. 1294, 1988)

§ 92.13.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.14.00 "C-2" general commercial zone.

The C-2 zone is intended for general commercial use.

(Ord. 1294, 1988)

§ 92.14.01 Uses permitted.

Uses Permitted.

Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses: All uses shall be subject to the standards in Section 92.14.03.

All uses permitted in the C-1 zone, Section 92.12.01(A);

Automobile parking lots and structures not in conjunction with a permitted use, subject to the provisions of Section 93.06.00;

Automobile sales agencies (at least 50% of autos displayed for sale shall be new);

Bail bonds (Deleted by Ord. 1502);

Bicycle rental (indoor);

Billiard (Deleted by Ord. 1500);

Blueprinting and photocopying;

Business schools;

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

10.

Churches;

11.

Classic auto sales (Deleted by Ord. 1502);

12.

Convention center;

13.

Gun shops (Deleted by Ord. 1502);

14.

Laundry agencies and self-service laundries;

15.

Loan offices;

16.

Locksmith (and saw filing);

17.

Lodges, meeting halls, private clubs, wedding chapels, and similar assembly uses;

18.

Mixed-use development;

19.

Pawnbroker (Deleted by Ord. 1500);

20.

Pet shops, excluding dog kennels and catteries;

21.

Religious institutions;

22.

Supermarket;

23.

Transportation terminals (Deleted by Ord. 1726).

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.14.03.

Uses Permitted by Land Use Permit.

Indoor uses:

Animal day care;

Automobile rental agencies;

Bicycle rental;

Catering in conjunction with permitted main use;

Classic auto sales;

Estate sales;

Farmers market;

Festivals and exhibits;

Gun shops;

Ice cream parlors;

Nurseries, including outdoor storage of plants only;

Recycling collection center as an accessory use;

Restaurants within mixed-use developments in excess of 20,000 square feet of floor area;

Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs as outlined in Chapter 5.34 of the Municipal Code and provided such facility is in compliance with Chapter 5.34 of the Municipal Code;

Take-out food service in conjunction with permitted restaurant use;

Thrift shops.

Commercial recreation (indoor).

Outdoor uses as an accessory to a permitted main use and located on the same property as the permitted use:

Art displays;

Artisans, artists;

Car shows;

Christmas tree sales not as an accessory use to a main use;

Display cases in malls or courts;

Farmers market;

Fashion shows;

Festivals, exhibits and special events;

Florists;

Musicians/entertainment (subject to provisions of noise ordinance);

Plant and floral sales and displays;

Postcard displays (limited to one per store frontage);

Theatre and public assembly;

Vending carts dispensing the following:

Food,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Other uses as determined by the planning commission.

Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way (streets and sidewalks):

Art displays;

Artisans, artists;

Festivals, exhibits and special events;

Florists;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining including beverage service;

Plant and floral sales and displays;

Vending carts dispensing the following:

Food,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Other uses as determined by the planning commission.

Art displays,

Artisans, artists;

Car shows;

Farmers market;

Fashion shows;

Festivals, exhibits and special events;

Florists;

Musicians/entertainment (subject to provisions of noise ordinance);

Outdoor dining including beverage service;

Plant and floral sales and displays;

Theatre and public assembly;

Vending carts dispensing the following:

Food,

ii.

Beverages,

iii.

Crafts,

iv.

Floral items,

Antiques and collectibles,

vi.

Other uses as determined by the planning commission.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Uses permitted by conditional use permit in the C-1 zone, Section 92.12.01(C), unless otherwise permitted or prohibited;

Ambulance services, and accessory uses customarily incident to the permitted use, provided, the site is located on a major or secondary thoroughfare as indicated by the general plan;

Automobile repair garages, including repair garages with incidental body and fender work and painting; provided, appliances for dispensing gasoline or for oiling and greasing shall be not less than 20 feet from any street line;

Cabaret, entertainment (Deleted by Ord. 1511);

Motor scooter, motor bike and motorcycle sales and display only. The following standards shall apply:

Location.

The site shall not adjoin an existing hotel or residential use at the time of its establishment.

ii.

The minimum distance from the site to a residential zone, school, park, playground, church, museum or similar use shall be 250 feet;

Newspaper printing;

Recreational facilities, commercial;

Spas;

Transportation terminals.

(Ord. 1294, 1988; Ord. 1307, 1988; Ord. 1324, 1989; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1500, 1995; Ord. 1502, 1995; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1590 § 14, 2000; Ord. 1726 §§ 2, 4, 2008; Ord. 1841 § 8, 2014; Ord. 1876 § 2, 2015; Ord. 1908 § 2, 2016; Ord. 1943 § 4, 2017; Ord. 1977 § 10, 2019; Ord. 2007 §§ 8, 9, 2019; Ord. 2020 §§ 33, 34, 2020; Ord. 2041 § 15, 2021; Ord. 2076, 1/12/2023

§ 92.14.02 Uses prohibited.

All uses and structures not permitted in Section 92.14.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination:

Industrial uses;

Motorscooter, motorbike and motorcycle rental, repair and service;

Pawn shops;

Single-family residential use.

(Ord. 1294, 1988; Ord. 1551, 1998; Ord. 1977 § 11, 2019)

§ 92.14.03 Property development standards.

The provisions of the C-1 zone, Section 92.12.03 shall apply. Exception. For properties which front Tahquitz Canyon Way or E. Palm Canyon Drive see Special setbacks, Section 93.01.02.

(Ord. 1294, 1988; Ord. 1500, 1995; Ord. 1553, 1998)

§ 92.14.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.14.1.00 "HC" highway commercial zone.

The "HC" highway commercial zone is intended to provide for the development of a commercial district providing for the retail and service needs of freeway travelers.

(Ord. 1447, 1993)

§ 92.14.1.01 Uses permitted.

Uses Permitted.

All uses permitted in the C-1 and C-2 Zone districts, Sections 92.12.01(A) and 92.14.01(A), unless otherwise regulated;

Animal day care;

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

Hotels, subject to the R-3 zone standards, Section 92.04.00, including accessory recreational vehicle parks where such use does not occupy more than 25% of the lot;

Offices (all types);

Restaurants (all types);

Large-scale services retail outlets.

Similar Uses Permitted by Commission Determination.

The commission may by resolution permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.14.1.03.

Uses Permitted by Land Use Permit.

Christmas tree sales not as an accessory to a main use;

Nurseries, including outdoor storage of plants only;

Recycling collection center as an accessory use on a developed property.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Uses permitted by conditional use permit in the C-1 zone, Section 92.12.01(C), unless otherwise permitted;

Large-scale retail commercial development on sites of 10 acres or greater;

Automobile service stations (Section 94.02.00(H)(2)(b), regarding distance between stations shall not apply), including accessory or secondary nonautomotive commercial uses (the limitations of Section 94.02.00(H)(2)(m) shall not apply, except that display and storage of such uses shall be totally within the principal building);

Recreational vehicle and truck sales;

Truck service stations and stops.

(Ord. 1447, 1993; Ord. 1876 § 3, 2015; Ord. 1908 § 2, 2016; Ord. 1943 § 5, 2017; Ord. 2007 §§ 10, 11, 2019; Ord. 2041 § 16, 2021)

§ 92.14.1.02 Uses prohibited.

All uses and structures not permitted in Section 92.14.1.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination.

Auto wrecking, impound and junk yards;

Industrial uses;

Residential uses, except hotels;

Thrift shops;

Wholesaling/warehousing, except in conjunction with permitted retail uses.

(Ord. 1447, 1993)

§ 92.14.1.03 Property development standards.

The following property development standards shall apply to all land and buildings in the "HC" zone, except that any created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Except where lot sizes are otherwise established by an approved master plan, each lot shall have a minimum area of two acres.

Lot Dimensions.

Except where lot dimensions are otherwise established by an approved master plan:

Each lot shall have a minimum width of 200 feet.

Each lot shall have a minimum depth of 200 feet.

Building Height.

Buildings and structures shall have a height not greater than 30 feet.

Exceptions. Projections above the building height limit are permitted per Section 93.03.00.

Highrise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

Yards.

General Provisions, see Section 93.01.00.

Where property in the "HC" zone abuts a street, which is not a boundary with a residential zone, or freeway, there shall be a yard abutting such street averaging not less than 25 feet, which shall be landscaped and maintained. No portion of this yard shall be used for storage, parking or loading; except that the planning commission may allow a portion of the yard abutting a freeway to be used for parking only if adequately screened by a solid masonry wall or dense landscaping from view from the freeway.

Where property in the "HC" zone abuts property in a nonresidential zone, there shall be a yard of not less than twenty feet. Such yard may be used for parking, loading or storage. Landscaped buffers at least five feet in width along interior yards may be required by the planning commission.

Where property in the "HC" zone abuts property in, or a street which is a boundary with, a residential zone, there shall be a yard of not less than 100 feet. The 25 feet nearest the property line shall be landscaped and maintained. The remainder may be used for parking.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply. Exception. Fences and walls shall not exceed eight feet in height in any required interior side or rear yard.

A minimum of 20% of the lot area shall be landscaped and maintained.

Site Design.

Outdoor customer service and parking areas shall be designed so that they are shielded from prevailing winds and blows and to the greatest degree possible. The planning commission may require a wind break in conjunction with or site plan integration with surrounding properties.

Access.

The provisions of Section 93.05.00 shall apply.

Coverage.

No requirements.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Exception.

The planning commission may allow a maximum of 15% of the total required parking spaces to be used for pull-through RV and truck parking spaces for restaurant, hotel and automobile service station, and other similar, uses. Such spaces shall be a minimum size of 10 feet by 38 feet, and may count as two standard spaces. A minimum of the first 20 spaces required of any use shall be standard spaces.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Loading docks, which are located within 150 feet of a residential zone boundary, shall be screened from view from the residential area.

Signs.

The provisions of Section 93.20.00 shall apply.

Storage.

All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered or displayed for sale or exchange shall be housed in permanent buildings unless otherwise permitted.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1447, 1993; Ord. 1553, 1998)

§ 92.14.1.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1447, 1993)

§ 92.15.00 "C-M" commercial manufacturing zone.

The C-M zone is intended for heavy commercial and certain light industrial uses, particularly service industries for commercial, hotel and industrial uses.

(Ord. 1294, 1988)

§ 92.15.01 Uses permitted.

Uses Permitted.

Adult oriented business subject to Chapter 5.77 of the Palm Springs Municipal Code;

All uses permitted in the C-1 and C-2 zone districts, Sections 92.12.01(A) and 92.14.01(A), unless otherwise regulated;

Animal day care;

Animal hospitals, including kennels;

Automobile and truck sales (at least 50% of vehicles displayed for sale shall be new);

Automobile and truck repair garages and re-upholster (all service and repair within an entirely enclosed building);

Auto parts and accessory, retail, and installation of same;

Bakeries;

Book binderies;

10.

Building materials, new;

11.

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

12.

Caretaker's residence (1,000 square feet maximum) as an accessory use;

13.

Catering;

14.

Childcare centers;

15.

Cleaning and dyeing establishments;

16.

Contractor's yards, shops;

17.

Frozen food lockers;

18.

Hardware and appliance sales, including accessory repair;

19.

Household goods storage;

20.

Ice houses (no manufacturing);

21.

Laundromats;

22.

Laundry and linen service;

23.

Medical and dental laboratories;

24.

Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code;

25.

Movie, television and radio studios;

26.

Motorscooter, motorbike and motorcycle sales;

27.

Picture framing;

28.

Plumbing shop;

29.

Printing and publishing;

30.

Religious institutions;

Sheet metal shop;

Sign painting shops;

Taxidermist;

Trade schools (industrial);

35.

Upholstery or mattress shop;

36.

Warehousing and wholesaling;

37.

Woodworking and cabinet shop.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.15.03.

Uses Permitted by Land Use Permit.

Auto parking lots not in conjunction with a permitted use, subject to the provisions of Section 93.06.00;

Christmas tree sales not as an accessory use to a main use;

Cocktail (Deleted by Ord. 1500);

Commercial recreational facilities;

Lodges, meeting halls;

Recycling collection center as an accessory use on a developed property;

Thrift shops operated by charitable organizations;

Tire recycling (interior) as an accessory to a permitted main auto use;

Vehicle impound yards and towing services;

10.

Antique malls and indoor swap meets;

11.

Classic auto sales;

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of conditional use permit, as provided in Section 94.02.00.

Adult entertainment (Deleted by Ord. 1511);

Ambulance services, and accessory uses customarily incident to the permitted use, provided that the site is located on a major or secondary thoroughfare as indicated on the general plan;

Automobile service station;

Car wash;

Cocktail lounges and nightclubs as a primary use; provided, such facilities are located no closer than 300 feet to a residential zone or to a church or mortuary at the time of their establishment;

Convenience stores;

Drive-through facilities;

Kennels;

Liquor stores;

10.

Cannabis manufacturing facility, Type N or Type P manufacturing licenses only, subject to the development standards contained in Section 93.23.15 of this Code;

11.

Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;

12.

Pawn brokers; provided, such facilities are located no closer than 300 feet to a residential zone or to a church or mortuary at the time of their establishment.

(Ord. 1294, 1988; Ord. 1307, 1988; Ord. 1324, 1989; Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1500, 1995; Ord. 1502, 1995; Ord. 1511, 1995; Ord. 1553, 1998; Ord. 1758 § 2, 2009; Ord. 1841 § 9, 2014; Ord. 1845 § 9, 2014; Ord. 1876 § 4, 2015; Ord. 1908 §§ 1, 2, 2016; Ord. 1943 § 6—8, 2017; Ord. 1977 § 12, 2019; Ord. 2007 §§ 12—15, 2019; Ord. 2041 §§ 17, 18, 2021; Ord. 2076, 1/12/2023)

§ 92.15.02 Uses prohibited.

All uses and structures not permitted in Section 92.15.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination.

Hotels;

Motorscooter, motorbike and motorcycle rentals, repair or service;

Residential uses, except for caretaker's residences.

(Ord. 1294, 1988; Ord. 1553, 1998)

§ 92.15.03 Property development standards.

The following property development standards shall apply to all land and buildings in the C-M zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum area of 20,000 square feet.

Lot Dimensions.

Each lot shall have a minimum width of 100 feet.

Each lot shall have a minimum depth of 150 feet.

Each building site shall have a minimum frontage of 100 feet on a dedicated and improved street.

Building Height.

Buildings and structures shall have a height not greater than 30 feet. Exceptions:

Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

High rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

Yards.

General Provisions.

For General provisions, see Section 93.01.00.

Where the C-M zone abuts a street which is a boundary with a residential zone or with a C-1, C-D-N or C-S-C zone, there shall be a yard abutting such street of not less than 25 feet which shall be landscaped and maintained.

Where the C-M zone abuts property in a residential zone, there shall be a yard of not less than 20 feet. A wall six feet in height shall be installed at the zone boundary line, with the 10 feet nearest the wall in landscaping, and screen landscaping at the wall. Such remaining space may also be used for loading and storage, provided, a solid wall six feet in height is installed between the landscaped portion and the loading and storage area and items are not stored higher than six feet.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply, except as modified by Section 92.15.03(D).

Exception.

Fences and walls with a maximum height of eight feet may be permitted in any required interior side or rear yard. Walls and fences not exceeding six feet in height may be permitted in front yards and side front yards pursuant to Section 94.04.00 (Architectural review); provided, such wall or fence is constructed of decorative masonry or metal, is no closer than five feet to the property line; and provided that, the area between the wall and the property line is landscaped and maintained.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Storage.

Outdoor storage and activities associated with permitted uses shall be entirely enclosed by building walls or fences six feet in height. A solid wall or fence shall be required where the storage yard abuts a street or proposed street. Items stored shall not exceed the height of the wall.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1502, 1995; Ord. 1553, 1998)

§ 92.15.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.16.00 "M-1-P" planned research and development park zone.

This zone is intended to provide for and encourage planned industrial districts compatible with surrounding or abutting residential zones and which would not in any way depreciate the character of the resort community. Uses are to be confined to those administrative, wholesaling, warehousing and light manufacturing activities that can be carried on in an unobtrusive manner, and to certain accessory commercial facilities that are necessary to service the employees of the zone. Regulations provide for suitable open spaces, landscaping, access, parking and loading, a low intensity of development, and performance standards to assure unobtrusive operation.

No industrial use shall be permitted which, by the nature of its development or operation, will in any way adversely affect the resort-residential environment in the city.

(Ord. 1294, 1988)

§ 92.16.01 Uses permitted.

Uses Permitted.

Manufacturing.

Electronics.

Electrical and related parts,

ii.

Electrical appliances,

iii.

Electrical devices,

iv.

Motors,

Radio, television and phonograph;

Instruments.

Electronic,

ii.

Medical and dental tools,

iii.

Precision,

iv.

Timing and measuring;

Laboratories.

Chemical,

ii.

Dental,

iii.

Electrical,

iv.

Optical,

Mechanical,

vi.

Medical;

Office and Related Machinery.

Audio machinery,

ii.

Computers—electrical,

iii.

Computers—manual,

iv.

Visual machinery;

Pharmaceutics.

Cosmetics,

ii.

Drugs,

iii.

Perfumes,

iv.

Soap,

Toiletries;

Bakeries;

Bottling plants, except those liquids that are offensive or obnoxious by reason of odor or are hazardous;

Candy;

Fabrication of products made from finished rubber;

Furniture upholstering;

Manufacture and maintenance of electrical and neon signs;

Manufacturing, compounding, assembly or treatment of article or merchandise from the following previously prepared materials:

Canvas,

ii.

Cellophane,

iii.

Cloth,

iv.

Cork,

Felt,

Fiber,

Fur,

Glass,

Leather,

Paper (no milling),

xi.

Precious or semiprecious stones or metals,

Plaster,

Plastics,

Shells,

Textiles,

Tobacco,

Wood,

Yarns;

Novelties and holiday paraphernalia;

Rubber and metal stamps.

Processing.

Carpet and rug cleaning;

Cleaning and dyeing;

Laundry.

Services.

Animal day care;

Athletic and health clubs;

Auto sales agencies, subject to the following conditions:

Each site shall have a minimum area of two acres,

ii.

Each site shall be located on a major thoroughfare,

iii.

At least 50% of the autos displayed for sale shall be new;

Banks and financial institutions;

Blueprinting and photocopying;

Caretaker's residence (1,000 square feet), as an accessory use;

Catering;

Childcare centers;

Governmental facilities;

Office: business, professional and research;

Off-street parking;

Newspaper publishing;

Painting and powder coating (within an entirely enclosed building);

Printing, lithographing, publishing;

Radio and television broadcasting;

Restaurants, excluding drive-through facilities.

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code;

Movie, television and radio production and broadcast facilities;

Religious institutions;

Wholesaling and warehousing (including mini-warehousing);

Adult oriented business subject to Chapter 5.77 of the Palm Springs Municipal Code.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety, and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to standards in Section 92.16.03.

Uses Permitted by Land Use Permit.

Christmas tree sales not as an accessory use to a main use;

Commercial recreation (indoor);

Large-scale service retail outlets;

Recycling collection center as an accessory use on a developed property;

Retail uses in conjunction with another permitted use;

Thrift shops operated by charitable organizations.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00.

Adult entertainment (Deleted by Ord. 1511);

Ambulance services, and accessory uses customarily incident to the permitted use; pro-vided that, the site is located at least 500 feet from any property zoned residential;

Animal hospital and shelter;

Automobile and truck repair garages, and re-upholstering (all service and repair within an entirely enclosed building);

Automobile service station;

Car wash;

Drive-through facilities;

Hotels, subject to the standards of the R-4 zone, Section 92.05.00;

Cannabis cultivation facility only if located within a Cannabis Overlay Zone; otherwise, such facility is prohibited in the M-1-P zone. Where permitted, such facilities are also subject to the development standards contained in Section 93.23.15 of this Code;

10.

Cannabis Manufacturing Facility. Type N or Type P State-licensed facilities are conditionally permitted in any M-1-P zone. Type 6 and Type 7 State-licensed facilities are conditionally permitted only within a Cannabis Overlay Zone and otherwise prohibited in the M-1-P zone. All such facilities are subject to the development standards contained in Section 93.23.15 of this Code;

11.

Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;

12.

Mortuary;

13.

Recreational facilities, commercial;

14.

Retail uses not otherwise regulated;

15.

Truck and transportation terminals;

16.

Uses listed in the M-1 zone, Section 92.17.00, and not listed in this zone unless otherwise prohibited.

(Ord. 1294, 1988; Ord. 1307, 1988; Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1502, 1995; Ord. 1511, 1995; Ord. 1553, 1998; Ord. 1697 § 1, 2006; Ord. 1841 § 10, 2014; Ord. 1876 § 5, 2015; Ord. 1908 §§ 1, 2, 2016; Ord. 1943 §§ 9—11, 2017; Ord. 1977 §§ 13, 14, 2019; Ord. 2007 §§ 16—19, 2019; Ord. 2020 §§ 35—36, 2020; Ord. 2041 § 19, 2021; Ord. 2063 § 19, 2022; Ord. 2076, 1/12/2023)

§ 92.16.02 Uses prohibited.

The following classification of uses shall not be permitted in this zone by commission determination:

All uses prohibited in the M-1 zone, Section 92.17.02;

The following industrial uses:

Wineries or wine making.

(Ord. 1294, 1988)

§ 92.16.03 Property development standards.

The following property development standards shall apply to all land and buildings in the M-1-P zone; except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site. These standards may be altered where a specific development plan is approved under a planned development or a conditional use permit or otherwise approved master plan of development where the development meets the intent of this code.

Lot Area.

Except where lot sizes are otherwise established by an approved master plan, each lot shall have a minimum area of 40,000 square feet, except that lots which abut a major or secondary thoroughfare shall have a minimum area of 60,000 square feet.

Lot Dimensions.

Each lot shall have a minimum width of 200 feet.

Each lot shall have a minimum depth of 200 feet.

Building Height.

Buildings and structures shall have a height not greater than 40 feet; provided that, any portion of buildings in excess of 30 feet are: (a) located on a parcel of not less than one acre in size; and (b) set back one foot from any property line for every one foot of vertical rise. Buildings which exceed 40 feet in height may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

Exceptions.

Permitted Projections Above Building Limit. The provisions of Section 93.03.00 shall apply.

Yards.

General provisions, see Section 93.01.00.

Where property in the M-1-P zone abuts a street which is a boundary with a residential zone, there shall be a yard abutting such street of not less than 100 feet. The 25 feet nearest the street shall be landscaped and maintained. The remainder may be used for parking.

Where property in the M-1-P zone abuts property in a residential zone, there shall be a yard of not less than 100 feet. The 25 feet nearest the property line shall be landscaped and maintained.

Where property in the M-1-P zone abuts a major or secondary thoroughfare which is not a boundary with a residential zone, there shall be a yard abutting such street of not less than 25 feet which shall be landscaped and maintained. No portion of this yard shall be used for parking, storage or loading.

Where property in the M-1-P zone abuts a collector or local street which is not a boundary with a residential zone, there shall be a yard abutting such street of not less than 25 feet, of which the 10 feet nearest the street shall be landscaped and maintained; the remaining yard may be used for parking. No portion of this yard shall be used for storage or loading.

Where property in the M-1-P zone abuts property in a nonresidential zone, there shall be a yard of not less than 20 feet. Such yard may be used for parking, loading or storage.

Where property in the M-1-P zone abuts an alley which is a boundary with a residential zone, there shall be a yard of not less than 100 feet, measured from the side of the alley opposite the subject property. The 25 feet nearest the alley shall be landscaped and maintained.

Landscaped buffers at least five feet in width may be required by the planning commission along interior yards.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Exception.

Fences and walls shall not exceed eight feet in height in any required interior side or rear yard.

Access.

The provisions of Section 93.05.00 shall apply.

Coverage.

No requirements.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Loading docks, which are located within 150 feet of a residential zone boundary, shall be screened from view from the residential area.

Signs.

The provisions of Section 93.20.00 shall apply.

Outdoor Storage and Waste Disposal.

Outdoor storage and activities associated with permitted uses shall be entirely enclosed by solid masonry walls to adequately screen view of outdoor storage and/or equipment from the external boundaries of the property. Items shall not be stacked or stored higher than the wall. All enclosures and stored materials must comply with fire department requirements for access and fire protection.

No materials or wastes shall be deposited or stored in such form or manner that they may be transferred off the lot by normally-occurring natural causes or forces. Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosure.

Minimum Size of Zone.

No parcel of land containing less than 40 acres shall be zoned M-1-P.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1502, 1995; Ord. 1553, 1998)

§ 92.16.04 Performance standards.

The uses established or placed into operation after the effective date of the ordinance codified in this Zoning Code, shall comply at all times hereafter with the following limitations or performance standards.

Fire and Explosion Hazards.

All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in industry. All incineration is prohibited; or

The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations. Bulk storage of flammable liquids, liquid petroleum, gases and explosives above ground shall be unlawful, except gasoline and lubricating fuel oil. Storage below ground shall be permitted; provided, all tanks shall be located not closer to any property line than the greatest depth of the bottom of the buried tank. All incineration is prohibited.

Radioactivity or Electrical Disturbance.

Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radio-frequency energy is electromagnetic energy at any frequency in the radio spectrum between 10 kilocycles and three million (3,000,000) megacycles.

Noise.

The provisions of Chapter 11.74 of the Municipal Code shall apply.

Vibration.

Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.

Emission of Smoke, Dust, Heat and Glare.

Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.

Emission of Odors/Gas.

Odor.

The emission of obnoxious odors of any kind shall not be permitted.

Gas.

No gas shall be emitted which is deleterious to the public health, safety or general welfare.

(Ord. 1294, 1988)

§ 92.16.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.17.00 "M-1" service/manufacturing zone.

The "M-l" service/manufacturing zone is intended to provide for the development of service industries for commercial and hotel uses and for industrial uses which include fabrication, manufacturing, assembly or processing of materials that are in already processed form and which do not in their maintenance, assembly, manufacture or plant operation create smoke, gas, odor, dust, sound, vibration, soot, glare or lighting to any degree which might be obnoxious or offensive to persons residing in or conducting business in either this or any other zone.

No industrial use shall be permitted which, by the nature of its development or operation, will in any way adversely affect the resort-residential environment of the city.

(Ord. 1294, 1988; Ord. 1653, 2004)

§ 92.17.01 Uses permitted.

Uses Permitted.

Buildings, structures, and land shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.17.03.

All uses permitted in the "C-l", "C-2", "C-M" and "M-1-P" zones, Sections 92.12.01, 92.14.01, 92.15.01 and 92.16.01, unless otherwise regulated herein;

Agricultural greenhouses;

Adult oriented business subject to Chapter 5.77 of the Palm Springs Municipal Code;

Animal day care;

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

Fabrication.

Assembly of plastic items made from finished plastic,

Assembly of small electrical and electronic equipment,

Rubber, fabrication of products made from finished rubber;

Manufacturing.

Automotive.

Automotive repair and reconditioning,

ii.

Painting,

iii.

Tire shop, including electrical recapping,

iv.

Truck repairing and overhauling,

Upholstering;

Boat building and repairs;

Bottling plant;

Ceramic products using only previously pulverized clay and fired in kilns only using electricity or gas;

Garment manufacturing;

Lumber yard (including incidental millwork but not including planing mill);

Machinery and shop:

Blacksmith and forging shop,

ii.

Cabinet or carpenter shop,

iii.

Electric motor rebuilding,

iv.

Machine shop,

Sheet metal shop,

vi.

Welding shop,

vii.

Painting and powder coating;

Manufacturing, compounding, processing, packaging or treatment of such products as:

Bakery goods,

ii.

Candy,

iii.

Cosmetics,

iv.

Drugs,

Food products (excluding fish and meat products, sauerkraut, wine, vinegar, yeast and the rendering of fats and oil) if connected with an adequate sewer system,

vi.

Fruit and vegetables (packing only),

vii.

Honey extraction plant,

viii.

Perfume,

ix.

Toiletries;

Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials:

Canvas,

ii.

Cellophane,

iii.

Cloth,

iv.

Cork,

Felt,

Fiber,

Fur,

Glass,

Leather,

Paper, no milling,

xi.

Plaster,

xii.

Plastic,

xiii.

Precious or semi-precious stones or metals,

Shells,

Textiles,

Tobacco,

Wood,

Yarns;

Manufacturing and maintenance of electric or neon signs;

Novelties;

Rubber and metal stamps;

Shoes;

Textiles;

The MCCC, subject to the property development standards contained in Section 93.23.15 of this Code and compliance with the provisions of Chapter 5.35 of this Code;

Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code;

10.

Mortuary;

11.

Movie, television and radio production and broadcast facilities;

12.

Public utility service yards;

13.

Services.

Auction houses, subject to Municipal Code Chapter 5.04;

Automobile and truck (new) sales agencies; used vehicle sales shall be permitted only in conjunction with new vehicle sales and shall consist of not more than 50% of the vehicles displayed;

Auto parts and accessories, retail, and installation of same;

Bicycle sales, display and service;

Builder's supply;

Caretaker's residence (1,000 square feet maximum), as an accessory use;

Ice and cold storage plant;

Laundromats;

Motorscooter, motorbike and motorcycle sales and display;

14.

Transportation terminals (Deleted by Ord. 1726;

15.

Wholesaling and warehousing, including mini-warehousing/storage.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.17.03.

Uses Permitted by Land Use Permit.

Uses permitted by land use permit in the M-1-P zone, Section 92.16.01(C);

Automobile rental agencies;

Classic auto sales;

Motorcycle rental;

Restaurants;

Thrift shops operated by charitable organizations;

Tire recycling (interior) as an accessory to a permitted main auto use;

Vehicle impound yards and towing services.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00.

Adult entertainment (Deleted by Ord. 1511);

Ambulance services, and accessory uses customarily incident to the permitted use, provided that the site is located no closer than 500 feet from residentially zoned property;

Animal, hospitals and kennels;

Automobile rental agency fleet sales;

Automobile service stations;

Bail bond offices; provided, such facility is located no closer than 300 feet to a residential zone or to a church or mortuary at the time of their establishment;

Car wash;

Check cashing facilities; provided, such facility is located no closer than 300 feet to a residential zone or to a church or mortuary at the time of their establishment;

Chemical plating shop;

10.

Drive-in theater;

11.

Drive-through and drive-in facilities;

12.

Heavy equipment storage and rental;

13.

Junk yards and auto wrecking yards;

14.

Manufacturing, processing, fabrication, and service uses, wholesaling and warehousing other than of uses as listed above in Section 92.17.01(A), subject to the property development standards and performance standards in Section 92.17.03 with such modifications as the commission and council deem necessary;

15.

Cannabis manufacturing facility, Type N and Type P State-licensed facilities only, subject to the development standards contained in Section 93.23.15 of this Code;

16.

Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;

17.

Micro-brewery;

18.

Nightclubs/cocktail lounges as a primary use; provided that, at the time of their establishment, such facilities are not located closer than 300 feet to a residential zone or to a church or mortuary;

19.

Pawn brokers, provided such facility is located no closer than 300 feet to a residential zone or church or to a church or mortuary at the time of their establishment;

20.

Planing mill;

21.

Recycling/salvage center;

22.

Retail uses not otherwise regulated;

23.

Truck and general freight terminals;

24.

Transportation terminals.

(Ord. 1294, 1988; Ord. 1324, 1989; Ord. 1347, 1990; Ord. 1366, 1991; Ord. 1418, 1992; Ord. 1500, 1995; Ord. 1502, 1995; Ord. 1511, 1995; Ord. 1533, 1998; Ord. 1653, 2004; Ord. 1726 §§ 3, 5, 2008; Ord. 1758 § 3, 2009; Ord. 1845 § 10, 2014; Ord. 1876 § 6, 2015; Ord. 1908 §§ 1, 2, 2016; Ord. 1943 §§ 12—14, 2017; Ord. 1977 § 15, 2019; Ord. 2007 §§ 20—23, 2019; Ord. 2020 § 37, 2020; Ord. 2041 § 20, 2021)

§ 92.17.02 Uses prohibited.

The following uses are expressly prohibited in the "M-l" zone, and shall not be permitted by commission determination or by conditional use permit.

Residential uses, other than for a caretaker, as specifically permitted;

The following manufacturing uses:

Abrasives,

Asphalt batching plant,

Bone black plant,

Carbon black and lamp black plant,

Charcoal manufacturing plant,

Chemical plant (heavy or industrial),

Coal and coke plant,

Detergents, soaps and by-products using animal fat,

Fertilizers of all types,

10.

Gas manufacturing plant,

11.

Glue and sizing manufacturing plant,

12.

Graphite manufacturing plant,

13.

Gypsum and other forms of plaster base manufacturing,

14.

Insulation manufacturing plant (flammable types),

15.

Match manufacturing plant,

16.

Metal extraction and smelting plant,

17.

Metal ingots, pigs, casting or rolling mill,

18.

Paper pulp and cellulose manufacturing plant,

19.

Paraffin manufacturing plant,

20.

Petroleum and petroleum products plant,

21.

Portland and similar cement manufacturing plant,

22.

Rock crushing plant,

23.

Serum, toxin and virus manufacturing laboratory,

24.

Sugar and starch manufacturing plant,

25.

Tannery plant,

26.

Turpentine manufacturing plant,

27.

Wax and wax products manufacturing plant,

28.

Wool pulling or scouring plant;

The following processing uses:

Animal by-products processing,

Carbon black and lamp black refining,

Chemical (heavy or industrial),

Coal and coke processing,

Detergents and soap processing,

Dog and cat food processing,

Fertilizers of all types,

Fish and fish by-products,

Fruit by-products,

10.

Grain milling and sacking,

11.

Paper milling,

12.

Petroleum and petroleum products processing or refining,

13.

Potash works,

14.

Printing ink processing,

15.

Radium or uranium extraction,

16.

Rubber reclaiming or processing,

Salt works,

Smelting works,

Soap works,

Sulfuric acid processing or bottling,

21.

Tar or asphaltic roofing processing,

22.

Vinegar processing or refining,

23.

Volatile or poisonous gas storage or processing,

24.

Wood and lumber kilns for industrial kiln-drying,

25.

Wood preserving by creosoting or other pressure impregnation of wood by preservations.

(Ord. 1294, 1988; Ord. 1653, 2004)

§ 92.17.03 Property development standards.

The following property development standards shall apply to all land and buildings in the M-1 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

These standards may be altered where a specific development plan is approved under a planned development or a conditional use permit or otherwise approved master plan of development where the development meets the intent of this Zoning Code.

Lot Area.

Except where lot sizes are otherwise established by an approved master plan, each lot shall have a minimum area of 20,000 square feet, except that lots which abut a major or secondary thoroughfare shall have a minimum area of 40,000 square feet.

Lot Dimensions.

Width.

Each lot shall have a minimum width of 150 feet, except that lots which abut a major or secondary thoroughfare shall have a minimum width of 200 feet.

Depth.

Each lot shall have a minimum depth of 100 feet, except that lots which abut a major or secondary thoroughfare shall have a minimum depth of 200 feet.

Building Height.

Exceptions.

Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

Yards.

General Provisions.

The provisions of Section 93.01.00 shall apply.

The following provisions shall apply to lots which front on private, as well as public, streets.

Front Yard.

No building shall be erected closer than 25 feet from the front property line. Parking bays, on local or collector streets only, shall be permitted within the front yard or street side yard; provided, the entire parking bay is located on private property. Not less than 25% of such yard shall be landscaped and maintained.

Yard—Transition.

Where a nonresidential lot abuts the boundary line of a residential zone, the side or rear yard which is adjacent to the residential zone shall have a minimum width or depth of 20 feet regardless of any other provisions of this Zoning Code.

Industrial establishments in the M-1 zone, abutting a street which is a residential zone boundary, shall establish and maintain a landscaping screen not less than 25 feet wide.

Where M-1 industrial property abuts residential property there shall be a six foot masonry wall on the property line with the 10 feet nearest the wall in a landscaping screen.

Where a six foot masonry wall exists on the residential property line or within one foot of such property line, the required six foot masonry wall may be waived; however, the required 10 foot landscaping screen shall be installed and maintained.

Where the M-1 zone abuts an alley, no building shall be erected less than 25 feet from the side of the alley opposite the subject property.

Walls and Landscaping.

Walls and landscaping shall be installed as required in Section 93.02.00 or as stated in Section 92.17.03(D). All walls shall be constructed of solid masonry materials.

Exception.

Walls shall not exceed eight feet in height in any interior side or rear yard. Walls not to exceed eight feet in height may encroach into any front yard not more than five feet.

Coverage.

Lot area coverage by buildings or structures shall not exceed 60 of the total lot area.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Loading docks which are located within 150 feet of a residential zone boundary shall be screened from view from the residential area.

Signs.

The provisions of Section 93.20.00 shall apply.

Outdoor Storage and Waste Disposal.

Outdoor storage and activities associated with permitted uses shall be entirely enclosed by solid masonry walls to adequately screen view of outdoor storage and/or equipment from the external boundaries of the property. Items shall not be stacked or stored higher than wall. All enclosures and stored materials must comply with fire department requirements for access and fire protection.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1418, 1992; Ord. 1553, 1998)

§ 92.17.04 Performance standards.

The uses established or placed into operation after the effective date of this Zoning Code, shall comply at all times hereafter with the following limitations or performance standards.

Fire and Explosion Hazards.

Radioactivity or Electrical Disturbance.

Noise.

The provisions of Chapter 11.74 of the Municipal Code shall apply.

Vibration.

Emission of Smoke, Dust, Heat and Glare.

Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.

Emission of Odors/Gas.

Odor.

The emission of obnoxious odors of any kind shall not be permitted.

Gas.

No gas shall be emitted which is deleterious to the public health, safety or general welfare.

(Ord. 1294, 1988; Ord. 1553, 1998)

§ 92.17.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.17.1.00 "M-2" manufacturing zone.

The "M-2" manufacturing zone is intended to provide for the development of warehouse and distribution centers, and industrial uses which include fabrication, manufacturing, assembly or processing which do not in their maintenance, assembly, manufacture or plant operation create by-products which will adversely affect the resort-open space environment of the city.

(Ord. 2056 § 2, 2022)

§ 92.17.1.01 Uses permitted.

Uses Permitted.

All uses permitted in the "C-1," "C-2," "C-M," "M-l-P" and "M-1" zones, Sections 92.12.01, 92.14.01, 92.15.01, 92.16.01 and 92.17.01, unless otherwise regulated herein.

Adult oriented business.

Animal day care;

Animal hospitals, including kennels;

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

Fabrication.

Manufactured housing and mobilehomes;

Cans and containers;

Cutlery, tableware, hand tools and hardware;

Wrought iron;

Fencing;

Metal buildings;

Ordinance and firearms, not including explosive;

Vehicles, aircraft, boats and parts;

Railroad equipment;

Motorcycles, bicycles and parts;

Travel trailers and recreational vehicles.

Manufacturing.

Manufacturing, compounding, processing, packaging or treatment of such products as:

Meat and poultry products (if connected to an adequate sewer system),

ii.

Nonalcoholic beverages,

iii.

Leather, including tanning and finishing,

iv.

Glassware,

Concrete, gypsum, plaster and mineral products;

Knitting, floor covering, and yarn and thread mills;

Saw and planing mills;

Paper and paperboard mills;

Agricultural chemicals, not including pesticides and fertilizers;

Stone cutting and related activities;

Glass blowing, pressing and cutting;

Machinery and shop:

Engines, turbines and parts,

ii.

Farm, garden construction and industrial machinery,

iii.

Lighting and wiring.

Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code;

Services.

Equipment sales, rental and storage;

Trailer and boat storage;

Auction houses, subject to Municipal Code Chapter 5.04;

Caretaker's residence (1,000 square feet maximum), as an accessory use.

10.

Emergency Shelters. Emergency Shelters are defined as housing for homeless persons for interim occupancy intended for a period of less than 6 months whereby no person is denied occupancy because of an inability to pay rent.

11.

Wholesale, warehouse, distribution, fulfillment, and import/export centers.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.17.1.03.

Uses Permitted by Land Use Permit.

Uses permitted by land use permit in the "M-l-P" and "M-l" zones, Sections 92.16.01(C), and 92.17.01(C), unless otherwise permitted;

Operations and facilities providing tours of alternative energy facilities.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Uses permitted by conditional use permit in the "M-l-P" and "M-1" zones, Sections 92.16.01(D), and 92.17.01(D), unless otherwise permitted;

Acid and abrasives manufacturing;

Ambulance services, and accessory uses customarily incident to the permitted use; provided that, the site is located at least 500 feet from any property zoned residential;

Bail bond offices;

Brewery, distillery or winery;

Check cashing facilities;

Concrete batch plants and asphalt plants;

Disposal service operations;

Energy Uses.

Solar energy facility,

Wind energy conversion systems (WECS), subject to the requirements and standards contained in Section 94.02.00(H)(8),

Cogeneration facilities,

Natural gas powered electric generation plants that do no exceed 200 megawatts in size;

10.

Fertilizer production, organic or inorganic;

11.

Heavy equipment storage and rental;

12.

Kennels;

13.

Meat packing plants, not including slaughtering or rendering of animals;

14.

Cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code;

15.

Cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code;

16.

Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;

17.

Paints and varnishes manufacturing and incidental storage;

18.

Paper storage and recycling, not within a building;

19.

Pawn brokers;

20.

Petroleum and bulk fuel storage, above ground;

21.

Poultry and egg processing;

22.

Natural gas storage, above ground;

23.

Nightclubs/cocktail lounges as a primary use;

24.

Recycling of wood, metal and construction wastes.

(Ord. 1447, 1993; Ord. 1500, 1995; Ord. 1502, 1995; Ord. 1511, 1995; Ord. 1553, 1998; Ord. 1595 § 1, 2001; Ord. 1697 § 2, 2006; Ord. 1758 § 4, 2009; Ord. 1845 § 11, 2014; Ord. 1868 § 1, 2015; Ord. 1876 § 7, 2015; Ord. 1908 §§ 1, 2, 2016; Ord. 1943 §§ 15—17, 2017; Ord. 2004 § 2, 2019; Ord. 2007 §§ 24—26, 2019; Ord. 2041 §§ 21, 22, 2021; Ord. 2056 § 3, 2022)

§ 92.17.1.02 Uses prohibited.

The following uses are expressly prohibited in the "M-2" zone, and shall not be permitted by Commission determination or by conditional use permit.

Residential uses, other than for a caretaker as specifically permitted.

The following manufacturing uses:

Bone black plant;

Carbon black and lamp black plant;

Charcoal manufacturing plant;

Chemical plant (except for agricultural products);

Coal and coke plant;

Detergents, soaps and by-products using animal fat;

Gas manufacturing plant;

Glue manufacturing plant;

Graphite manufacturing plant;

10.

Insulation manufacturing plant;

11.

Insulation manufacturing plant (flammable types);

12.

Metal extraction and smelting plant;

13.

Metal ingots, pigs, casting or rolling mill;

14.

Paraffin manufacturing plant;

15.

Petroleum and petroleum products plant;

16.

Serum, toxin and virus manufacturing laboratory;

17.

Sugar and starch manufacturing plant;

18.

Turpentine manufacturing plant;

19.

Wax and wax products manufacturing plant;

20.

Wool pulling or scouring plant.

The following processing uses:

Animal by-products processing;

Carbon black and lamp black refining;

Chemical (except agricultural);

Coal and coke processing;

Detergents and soap processing;

Dog and cat food processing;

Fish by-products;

Fruit by-products;

Grain milling and sacking;

10.

Petroleum and petroleum products processing or refining;

11.

Potash works;

12.

Printing ink processing;

13.

Radium or uranium extraction;

14.

Rubber reclaiming or processing;

Salt works;

Smelting works;

Soap works;

Sulfuric acid processing or bottling;

19.

Vinegar processing or refining;

20.

Volatile or poisonous gas storage or processing;

21.

Wood and lumber kilns for industrial kiln-drying;

22.

Wood preserving by creosote or other pressure impregnation of wood by preservations.

(Ord. 1447, 1993)

§ 92.17.1.03 Property development standards.

The following property development standards shall apply to all land and buildings in the M-2 zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Lot Dimensions.

Width.

Each lot shall have a minimum width of 150 feet, except that lots which abut a major or secondary thoroughfare shall have a minimum width of 200 feet.

Depth.

Each lot shall have a minimum depth of 100 feet, except that lots which abut a major or secondary thoroughfare shall have a minimum depth of 200 feet.

Building Height.

Buildings and structures shall have a height not greater than 30 feet. Buildings taller than 30 feet may be permitted pursuant to Section C(2) below.

Exceptions.

Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

Buildings of up to 60 feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than one acre in size; and (2) the building or any portion thereof is set back one foot from any property line for every one foot of vertical height.

Buildings of up to 95 feet in height may be permitted, provided that: (1) the building is located on a parcel of not less than five acres in size; and (2) the building or any portion thereof is set back one foot from any property line for every one foot of vertical height.

Any buildings over 40 feet in height shall only be permitted within the area bounded by 18th Avenue on the north, Indian Canyon Drive on the east, 19th Avenue on the south, and the western boundary of the zone district on the west.

The provisions of Section 93.04.00 shall not apply to buildings in the M-2 (Manufacturing) zone.

Yards.

General Provisions.

The provisions of Section 93.01.00 shall apply.

The following provisions shall apply to lots which front on private, as well as public, streets.

Front Yard.

No building shall be erected closer than 25 feet from the front property line. Parking bays, on local or collector streets only, shall be permitted within the front yard or street side yard; provided, the entire parking bay is located on private property. Not less than 15% of such yard shall be landscaped and maintained.

Yard—Transition.

Industrial establishments in the M-2 Zone, abutting a street which is a residential zone boundary, shall establish and maintain a landscaping screen not less than 25 feet wide.

Where M-2 industrial property abuts residential property there shall be a six foot masonry wall on the property line with the 10 feet nearest the wall in a landscaping screen.

Where the M-2 zone abuts an alley, no building shall be erected less than 25 feet from the side of the alley opposite the subject property.

Walls, Fences and Landscaping.

Walls, fences and landscaping shall be installed as required in Section 93.02.00 or as stated in Section 92.17.1.03(D). All walls shall be constructed of solid masonry materials.

Exception.

Walls shall not exceed eight feet in height in any interior side or rear yard. Walls not to exceed eight feet in height may encroach into any front yard not more than five feet.

Coverage.

Lot area coverage by buildings or structures shall not exceed 60% of the total lot area.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Loading docks which are located within 150 feet of a residential zone boundary shall be screened from view from the residential area.

Signs.

The provisions of Section 93.20.00 shall apply.

Outdoor Storage and Waste Disposal.

Outdoor storage and activities associated with permitted uses shall be adequately screened from view from any public street or abutting residential property by a solid masonry wall. Such wall shall return along any interior side property line which is perpendicular to such public street or residential property for a distance of not less than 25 feet. Other fencing may be of chain link, or other open style, if the entire length of such fence is landscaped so to screen the storage area from view. Such landscaping shall be allowed to grow to eight feet in height and shall be adequately maintained and irrigated. Items shall not be stacked or stored higher than the wall if located within 25 feet from any public street or residential property. All enclosures and stored materials must comply with fire department regulations for access and fire protection.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1447, 1993; Ord. 1536, 1996; Ord. 1553, 1998; Ord. 2056 §§ 4, 5, 2022)

§ 92.17.1.04 Performance standards.

Fire and Explosion Hazards.

Radioactivity or Electrical Disturbance.

Noise.

The provisions of Chapter 11.74 of the Municipal Code shall apply.

Vibration.

Emission of Smoke, Dust, Heat and Glare.

Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.

Emission of Odors/Gas.

Odor.

The emission of obnoxious odors of any kind shall not be remitted.

Gas.

No gas shall be emitted which is deleterious to the public health, safety or general welfare.

(Ord. 1447, 1993)

§ 92.17.1.05 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1447, 1993)

§ 92.17.2.00 "E-I" energy industrial zone.

The "E-I" energy industrial zone is intended to provide areas for alternative energy development, industrial development, and cultivation uses. By virtue of strong prevailing winds, the E-I zone is ideally suited for large-scale development of wind energy facilities. Additionally, due to the E-I zone's location north of Interstate 10 and isolation from the resort areas of the city, land in the E-I zone is ideally suited for manufacturing, assembly, cultivation and distribution of products and fulfillment activities, all of which are compatible with the goal of enhancing the city's eco-nomic base. No industrial use shall be permitted, which by the nature of its development or operation, will adversely affect the resort environment of the city.

(Ord. 2056 § 6, 2022)

§ 92.17.2.01 Uses permitted.

Uses Permitted.

Accessory uses to permitted uses; provided, such uses are established on the same parcel as, and do not substantially alter the character of, the principal use:

Storage of trucks and other vehicles,

Storage of materials and machinery,

Offices and maintenance shop structures,

Caretaker's residence 2,000 square feet maximum,

Meteorological towers under 200 feet in height;

Fabrication.

Manufactured housing and mobilehomes,

Cans and containers,

Cutlery, tableware, hand tools and hardware,

Wrought iron,

Fencing,

Metal buildings,

Ordinance and firearms, not including explosives,

Vehicles, aircraft, boats, parts and repairs,

Railroad equipment,

Motorcycles, bicycles and parts,

Travel trailers and recreational vehicles;

Manufacturing.

Agricultural chemicals, not including pesticides and fertilizers,

Bakeries,

Bottling plants,

Ceramic products using only previously pulverized clay and fired in kilns using only electricity or gas,

Electronics (electrical and related parts, electrical appliances, electrical devices, motors, and radio, television and phonograph),

Furniture upholstering,

Garment manufacturing,

Glass blowing, pressing and cutting,

Instruments (electronic, medical and dental tools, precision, and timing and measuring),

Knitting, floor covering, and yarn and thread mills,

Laboratories (dental, electrical, optical, mechanical and medical),

Lumber yard (including incidental millwork but not including planing mill),

Machinery and Shop.

Blacksmith and forging shop,

ii.

Cabinet or carpenter shop,

iii.

Electric motor rebuilding,

iv.

Engines, turbines and parts,

Farm, garden construction and industrial machinery,

Lighting and wiring,

Machine shop,

Sheet metal shop,

Welding shop,

Painting and powder coating,

Manufacturing (compounding, processing, packaging or treatment of such products as):

Bakery goods,

ii.

Candy,

iii.

Concrete, gypsum, plaster and mineral products,

iv.

Cosmetics,

Drugs,

vi.

Food products,

vii.

Fruit and vegetables (packing only),

viii.

Glassware,

ix.

Honey extraction plant,

Leather,

xi.

Nonalcoholic beverages,

Manufacture and maintenance of electrical and neon signs,

Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously-prepared materials:

Canvas,

ii.

Cellophane,

iii.

Cloth,

iv.

Cork,

Felt,

Fiber,

Fur,

Glass,

Leather,

Metals,

Paper (no milling),

Plaster,

Plastic,

Precious or semiprecious stones or metals,

Rubber,

Shells,

Textiles,

Tobacco,

Wood,

Yarns,

Novelties and holiday paraphernalia,

Office and related machinery (audio and visual machinery, computers),

Paper and paperboard mills,

Pharmaceutics (cosmetics, drugs, perfumes, soap and toiletries),

Rubber and metal stamps,

Shoes,

Stone cutting and related activities,

Textiles;

Processing.

Carpet and rug cleaning,

Cleaning and dyeing,

Laundry;

Services.

Governmental facilities,

Newspaper publishing,

Ice and cold storage plant,

Offices (business, professional and research),

Printing, lithographing, publishing,

Public utility service yards,

Radio and television broadcasting;

Wholesale, warehouse, distribution, fulfillment, and import/export centers;

Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code.

Similar Uses Permitted by Commission Determination.

Uses Permitted by Land Use Permit.

Modifications to existing WECS, subject to the requirements and standards contained in Section 94.02.00(H)(8);

Meteorological towers in excess of 200 feet in height;

Operations and facilities providing tours of alternative energy facilities;

Recycling collection center;

Vehicle impound yards.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Acid and abrasives manufacturing;

Animal hospitals, shelters or kennels;

Brewery, distillery or winery;

Chemical plating shop;

Concrete batch plants and asphalt plants;

Disposal service operations;

Energy Use.

Solar energy facility,

Wind energy conversion systems (WECS), subject to the requirements and standards contained in Section 94.02.00(H)(8),

Co-generation facilities;

Fertilizer production;

Meat packing plants, not including slaughtering or rendering of animals;

10.

Cannabis cultivation facility, subject to the development standards contained in Section 93.23.15 of this Code;

11.

Cannabis manufacturing facility, subject to the development standards contained in Section 93.23.15 of this Code;

12.

Cannabis testing facility, subject to the development standards contained in Section 93.23.15 of this Code;

13.

Natural gas storage, above ground;

14.

Paints and varnishes manufactured and incidental storage;

15.

Paper storage and recycling, outdoor;

16.

Petroleum and bulk fuel storage, above ground;

17.

Planing mill;

18.

Poultry and egg processing;

19.

Recycling/salvage center.

(Ord. 1447, 1993; Ord. 1553, 1998; Ord. 1876 § 8, 2015; Ord. 1908 § 1, 2016; Ord. 1943 §§ 18—20, 2017; Ord. 2004 § 2, 2019; Ord. 2007 §§ 27, 28, 2019; Ord. 2056 § 7, 2022)

§ 92.17.2.02 Uses prohibited.

The following uses are expressly prohibited in the "E-I" zone, and shall not be permitted by commission determination or by conditional use permit:

Residential uses, other than for a caretaker as specifically permitted;

The following manufacturing uses:

Bone black plant,

Carbon black and lamp black plant,

Charcoal manufacturing plant,

Chemical plant (heavy or industrial),

Coal and coke plant,

Detergents, soaps and by-products using animal fat,

Gas manufacturing plant,

Glue manufacturing plant,

Graphite manufacturing plant,

10.

Insulation manufacturing plant (flammable types),

11.

Metal extraction and smelting plant,

12.

Metal ingots, pigs, casting or rolling mill,

13.

Paraffin manufacturing plant,

14.

Petroleum and petroleum products plant,

15.

Serum, toxin and virus manufacturing laboratory,

16.

Sugar and starch manufacturing plant,

17.

Turpentine manufacturing plant,

18.

Wax and wax products manufacturing plant,

19.

Wool pulling or scouring plant;

The following processing uses:

Animal by-products processing,

Carbon black and lamp black refining,

Chemical (heavy or industrial),

Coal and coke processing,

Detergents and soap processing,

Dog and cat food processing,

Fish by-products,

Fruit by-products,

Grain milling and sacking,

10.

Petroleum and petroleum products processing or refining,

11.

Potash works,

12.

Printing ink processing,

13.

Radium or uranium extraction,

14.

Rubber reclaiming or processing,

Salt works,

Smelting works,

Soap works,

Sulfuric acid processing or bottling,

19.

Vinegar processing or refining,

20.

Volatile or poisonous gas storage or processing,

21.

Wood and lumber kilns for industrial kiln-drying,

22.

Wood preserving by creosoting or other pressure impregnation of wood by preservations.

(Ord. 1447, 1993)

§ 92.17.2.03 Property development standards.

The following property development standards shall apply to all land and buildings in the "E-I" zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

Each lot shall have a minimum area of five acres.

Lot Dimensions.

Each lot shall have a minimum width of 250 feet.

Each lot shall have a minimum depth of 250 feet.

Height Limits.

Buildings and structures shall have a height not greater than 30 feet. Buildings taller than 30 feet may be permitted pursuant to Section C(2) below.

Exceptions.

Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

Any buildings over 30 feet in height shall only be permitted within the area bounded by Dillon Road on the north, the eastern boundary of the zone district on the east, 19th Avenue on the south, and the Karen Avenue right-of-way on the west.

The provisions of Section 93.04.00 shall not apply to buildings in the E-I (Energy Industrial) zone.

WECS shall be subject to the requirements and standards contained in Section 93.23.07.

Yards.

General Provisions. Section 93.01.00 shall apply.

Energy Uses.

The minimum setback from any property line shall be 50 feet.

The setback for WECS shall be determined by the provisions of Section 93.23.07.

Other Uses.

No building shall be erected closer than 25 feet from the front property line. Not less than 15% of such yard shall be landscaped and maintained.

Where the E-I zone abuts a street which is a boundary with a residential or open space zone, there shall be a yard abutting such street of not less than 100 feet. The 25 feet nearest the street shall be landscaped and maintained. The remainder may be used for parking.

Where the E-I zone abuts property in a residential or open space zone, there shall be a yard of not less than 100 feet. The 25 feet nearest the property line shall be landscaped and maintained. The remainder shall not be used for parking, loading or storage.

Landscaped buffers at least 15 feet in width may be required by the planning commission along interior yards.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Exception.

Fences and walls shall not exceed eight feet in height in any required interior side or rear yard.

Barbed wire may be used for security purposes at alternate energy installations.

Coverage.

Lot coverage by buildings or structures shall not exceed 60% of any lot or planned development.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Outdoor Storage.

All enclosures and stored materials must comply with fire department requirements for access and fire protection.

No materials or waste shall be deposited or stored in any form or manner that they may be transferred off the lot by normally-occurring natural causes or forces. Waste which might cause dust or fumes or which constitutes a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1447, 1993; Ord. 1908 § 4, 2016; Ord. 2056 §§ 8—10, 2022)

§ 92.17.2.04 Performance standards.

The uses established or placed into operation after the effective date of this Zoning Code, shall comply at all times hereafter with the following limitations or performance standards.

Energy Uses.

The provisions of Section 94.02.00(H)(8) shall apply.

Other Uses.

Fire and Explosion Hazards.

All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. All incineration is prohibited; or

Radioactivity or Electrical Disturbance.

Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radiofrequency energy is electromagnetic energy at any frequency in the radio spectrum between 10 kilocycles and three million (3,000,000) megacycles.

Noise.

The provisions of Chapter 11.74 of the Municipal Code shall apply.

Vibration.

Emission of Smoke, Dust, Heat and Glare.

Every use shall be so operated that it does not emit smoke, dust, heat or glare in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.

Emission of Odors/Gas.

The emission of obnoxious odors of any kind shall not be permitted. No gas shall be emitted which is deleterious to the public health, safety or general welfare.

(Ord. 1447, 1993)

§ 92.17.2.05 Property maintenance standards.

The provisions of Section 93.19.00 shall apply.

(Ord. 1447, 1993)

§ 92.18.00 "A" airport zone.

The "A" airport zone is intended to provide for the development of uses which are reasonably necessary for the proper operation of an airport including, but not limited to, aircraft sales, service, repair and maintenance, washing, painting, storage, tie-down, hangaring, fueling and other servicing, flight and ground schools, operation of equipment and machines used in connection with such service, repairs and maintenance, rental and charter flights and all such other uses as are customarily incident to the operation of an airport and airport related businesses and activities.

The following is required before an application can be submitted for an "A" airport zone:

Prior approval from the California Aeronautic Board and Federal Aviation Agency for establishment of an airport on the subject property; or

If there is no proposed airport, that subject property have approved access to an existing airport.

(Ord. 1294, 1988)

§ 92.18.01 Uses permitted.

Uses Permitted.

Buildings, structures and land shall be used and building and structures shall hereafter be erected, altered or enlarged only for the following uses:

Airports, and facilities related to airport and aircraft and aircraft operation;

Airport terminal building and uses customarily incident to the operation of a terminal building;

Airport related hotel; subject to the provisions of the R-4 zone, Section 92.05.00;

All uses permitted in the M-1-P and M-1 zones, Section 92.16.01 and 92.17.01, unless otherwise regulated herein;

Alternative fuel facilities operated by public agencies;

Automobile and truck restoration and conversion within an entirely-closed building;

Automobile rental agencies, including the sale of used cars;

Governmental facilities;

MCCC facilities, subject to the property development standards contained in Section 93.23.15 of this Code and compliance with the provisions of Chapter 5.35 of this Code;

10.

Cannabis lounge or cannabis dispensary, subject to the property development standards contained in Section 93.23.15 of this Code;

11.

Cannabis transportation and distribution facility, subject to the development standards contained in Section 93.23.15 of this Code;

12.

Office buildings;

13.

Museums;

14.

Public parking lots or structures;

15.

Restaurants, except for drive-throughs.

Similar Uses Permitted by Commission Determination.

The planning commission and airport commission may jointly permit, by resolution of record, any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.18.03.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00:

Airport (Deleted by Ord. 1502);

Automobile service stations;

Car washes;

Drive-through restaurants.

(Ord. 1294, 1988; Ord. 1502, 1995; Ord. 1553, 1998; Ord. 1876 § 9, 2015; Ord. 1908 § 2, 2016; Ord. 1943 §§ 21, 22, 2017; Ord. 2007 §§ 29, 30, 2019; Ord. 2020 §§ 38, 39, 2020)

§ 92.18.02 Uses prohibited.

The following uses are expressly prohibited in the "A" zone, and shall not be permitted by commission determination or by conditional use permit.

Residential uses, except airport related hotel.

(Ord. 1294, 1988)

§ 92.18.03 Property development standards.

The following property development standards shall apply to all land and buildings in the "A" zone, except those uses listed in Section 92.18.01(A)(2).

Lot Area.

No requirement.

Lot Dimensions.

No requirement.

Building Height.

Buildings and structures shall have a height not greater than 30 feet, except as provided below:

Exceptions.

Building height limitations as required by Federal Aviation Regulations;

Facilities necessary for airport identification or aircraft safety, maintenance, control or regulation are not subject to any limitation of this Zoning Code;

Aircraft hangars or maintenance structures, subject to the provisions of Section 92.18.03(D)(3);

High rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00.

Yards.

Front Yard.

Each lot shall have a front yard extending across the full width of the lot having a depth of not less than 10 feet, except that lots which abut a major or secondary thoroughfare shall have a front yard having a depth of not less than 25 feet. Such yards shall be landscaped.

Side and Rear Yards.

No requirement.

Aircraft hangars in excess of 30 feet in height:

Where the structure abuts a street which is not a boundary with a residential zone, there shall be a yard abutting such street equal to a distance of 25 feet plus two feet for every one foot of height of such structure over 30 feet. The 25 feet nearest the street shall be landscaped.

Where the structure abuts any property which is not in a residential zone, there shall be a minimum yard equal to the height of such structure. Such yard may be used for parking, loading or storage.

Where the structure abuts any street which is boundary with, or abuts, a residential zone or on any property which is in a residential zone, there shall be a yard equal to six feet for every one foot of height of such structure. The 25 feet nearest the street or property line shall be landscaped.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Coverage.

No requirement.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Outdoor Storage and Waste Disposal.

All goods, wares, merchandise, produce and other commodities which are stored, offered or displayed for sale or exchange shall be housed in permanent buildings unless being transported, with the following exceptions:

Florist displays;

Outdoor dining;

Aircraft.

Minimum Size of Zone.

No parcel of land containing less than 160 acres shall be zoned "A," airport, except for parcels contiguous to existing parcels zoned "A," airport zone.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1553, 1998)

§ 92.18.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.19.00 "N" noise impact and nonsuit covenant combining zone.

The purpose of the "N" noise impact and nonsuit covenant combining zone is to identify properties which may be affected by noise, vibration, odors, smoke, air quality changes or other results attendant to any airport in which area development may be allowed.

"N" zones may be established only in conjunction (by prefix symbol) with other zones and will be related to areas surrounding an airport which may be sensitive to noise, vibration, odors, smoke, air quality changes or other results attendant to such airport.

The following requirements shall apply in an "N" zone. No permit, approval or other entitlement shall be issued or given for construction of any new structure, unless the following conditions have been met or guaranteed:

A standard "avigation easement and nonsuit covenant," in form prescribed and approved by the city attorney, has been provided by and with reference to present and future owners of the parcel of land on which the structure is to be located.

Construction of any residential unit will meet minimum soundproofing requirements prescribed pursuant to Section 1092 (and related sections, if any) of Title 25, California Administrative Code.

The following noise-sensitive uses shall not be permitted and are expressly prohibited in the "N" zone.

Churches;

Elderly board and care facilities;

Hospitals/convalescent homes/assisted living facilities;

Libraries;

Mobilehomes/mobilehome parks;

Performing arts facilities;

Recreational vehicle parks;

Schools, all types;

TV and radio studios.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1551, 1998)

§ 92.20.00 "W" watercourse zone.

In instances where properties shall be used as floodways, drainage channels, debris basins, and other flood protection facilities, or where information is not available or is not sufficiently accurate, a designation of "W" without suffix shall be used.

A "W" watercourse zone classification symbol will be placed as a prefix before the zoning designation on all properties in the city of Palm Springs, which under present conditions fall within the 100 year floodway fringe and are, at present, subject to sporadic flooding and other hazards in the event of a 100 year flood as established by the adoption of Federal Emergency Management Agency (FEMA) flood maps.

In general, the "W" prefix zoning may be temporary in nature and shall apply so long as inundation by floodwater from a 100 year event is possible. In the event that flood protection structures remove the threat of overflow by a 100 year flood, then the "W" prefix will be removed. Any property lying within the 100 year flood fringe area will be subject to all construction and development standards and procedures of Chapter 8.68, Flood Damage Prevention.

(Ord. 1294, 1998; Ord. 1739 § 3, 2008)

§ 92.20.01 Uses permitted.

Uses Permitted.

"W" Watercourse Zone Without a Suffix Zone Classification.

Growing of plants, shrubs and trees for the purpose of propagating and cultivating only; provided, no commercial or business activities shall be carried on upon the site. There shall be no structures or buildings permitted nor shall there be any storage or other soil conditioners, boxes, crates or any other outdoor storage. All applicable development standards of Section 93.17.00 shall apply to any improvements or changes in land contours and elevations.

"W" Watercourse Zone With a Suffix Zone Classification.

If approved by the city engineer, a development can be approved in a zone district which has a "W" prefix; provided, all conditions required by Chapter 8.68 are complied with and a hold harmless agreement, approved by the city attorney, is signed by the owner of the property releasing the city from any liability incurred by flood waters. In no case shall the "W" prefix be eliminated from the zoning map until the property is no longer classified as a fringe area of a 100 year event. Such a reclassification will occur automatically following recognition and incorporation in the city's flood insurance rate maps by the Federal Emergency Management Agency (FEMA).

Uses Permitted by Conditional Use Permit.

"W" Watercourse Zone With a Suffix Zone Classification.

Any use permitted by conditional use in the underlying zone;

Energy.

Solar collectors,

ii.

Wind energy conversion systems (WECS) subject to the requirements and standards contained in Section 94.02.00(H)(8);

Golf courses and driving ranges;

Plant nurseries, including retail sales, as a temporary use until the "W" prefix is eliminated.

Hours.

The hours of operation shall be regulated by the commission in such a manner to be compatible with surrounding uses.

ii.

Emission of Odors.

No emission of odors of any kind shall be noticeable at the property line.

iii.

Screening.

All outside storage of equipment and material except growing plant materials shall be completely screened from view.

"W" Watercourse Zone Without a Suffix Zone Classification.

Energy Uses.

Solar energy facility,

ii.

Wind energy conversion systems (WECS) subject to the requirements and standards contained in Section 94.02.00(H)(8),

iii.

Co-generation facilities;

Farming;

Golf courses and driving ranges;

Plant nurseries;

Public riding stables;

Quarries, sand pits and gravel pits, subject to the standards of Section 94.02.00(H)(5).

(Ord. 1294, 1988; Ord. 1447, 1993; Ord. 1551, 1998; Ord. 1553, 1998; Ord. 1739 § 3, 2008; Ord. 2004 § 2, 2019)

§ 92.20.02 Uses prohibited.

All uses and structures not permitted in Section 92.20.01 are deemed to be specifically prohibited.

(Ord. 1294, 1988)

§ 92.20.03 Property development standards.

The property development standards of the underlying zone and Sections 92.01.03 and Chapter 8.68 shall apply insofar as these pertain to the uses permitted in this zone.

(Ord. 1294, 1988; Ord. 1739 § 3, 2008)

§ 92.20.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.21.00 "O" open land zones.

The three "O" zones (O, O-5, O-20) are intended to provide for areas of scenic beauty, areas reserved for parks, recreation, open space and governmental public uses, or in areas where a hazard to the public may exist.

(Ord. 1294, 1988)

§ 92.21.01 Uses permitted.

Uses Permitted.

Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

Accessory buildings and uses customarily incident to the permitted uses on the same lot therewith. It is unlawful to construct, erect or locate any accessory building without a permitted main building;

Agriculture;

Childcare centers;

Governmental public facilities;

Public parking areas;

Public parks, recreational areas, and open space;

Single-family residential uses, on lots which were of record on August 1, 1973 and in conformance to the density limits established by the General Plan; provided, however, that the owner files a nonsuit covenant with the City of Palm Springs, relieving the City from responsibility related to whatever hazard may exist.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above and not more obnoxious or detrimental to the public health, safety and welfare or to other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.21.03.

Uses Permitted by Conditional Use Permit.

Cemeteries;

Commercial recreation (outdoor);

Energy Uses:

Solar energy facility,

Wind energy conversion systems (WECS) subject to the requirements and standards contained in Section 94.02.00(H)(8),

Co-generation facilities;

Except for the "O" Zone, large scale residential developments may be permitted on sites of not less than 40 acres in an O-20 Zone at a density of one unit per 20 acres and on sites not less than five acres in an O-5 Zone at a density not to exceed that permitted by the General Plan land use map. The land shall be developed as an integrated unit, conforming to all property development standards, except that lot area, lot dimensions, coverage and yards may be modified to allow "cluster" housing; provided, the overall development equals the general quality of development in the immediate area. Density is determined by net area. Adequate guarantee must be provided to ensure permanent retention of open space;

Keeping of horses, in connection with the residential use of the property, subject to the following conditions:

The lot is not more than three-quarters (¾) of a mile from a bridle trail existing or proposed on the General Plan,

There shall not be more than one horse for each one-half (½) acre of lot area; however, not more than four horses shall be kept on any one lot,

No stable, barn, pen or corral shall be within 100 feet of any lot line abutting a street, abutting any lot line, or abutting any dwelling or other building used for human habitation on the same lot;

Outdoor storage when conforming to all standards of the zoning ordinance, and where use abuts an industrial zone;

Places of assembly;

Public schools, including accessory uses.

(Ord. 1294, 1988; Ord. 1447, 1993; Ord. 1553, 1998; Ord. 1984 § 24, 2019; Ord. 2004 § 2, 2019; Ord. 2020 §§ 40, 41, 2020; Ord. 2076, 1/12/2023)

§ 92.21.02 Uses prohibited.

All uses and structures not permitted in Section 92.21.01 are deemed to be specifically prohibited. The following classification of uses shall not be permitted in the zone by commission determination.

Commercial uses other than those listed in Section 92.21.01(A), (C) and (D).

(Ord. 1294, 1988)

§ 92.21.03 Property development standards.

The following property development standards shall apply to all land and buildings in the "O" zones, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area (minimum in acres).

O	O-5	O-20
None	5	20

Lot Dimension (in feet).

	O	O-5	O-20
1. Minimum width	None	250	250
2. Minimum depth	None	250	250

Density.

The minimum lot area per dwelling unit shall be five acres in the "O-5" zone, and 20 acres in the "O-20" zone, except as provided in Section 92.21.01.

Building Height (maximum in feet).

O	O-5	O-20
24	15	15

Yards.

General Provisions.

The provisions of Section 93.01.00 shall apply.

On-site parking spaces shall be located not less than 10 feet from the side or rear lot line. Garages or parking spaces shall not be permitted across the front yard.

Hillside lot front yards may be modified by the Director of Community Development, as provided for in Section 94.06.01.

For all uses in the "O-5" and "O-20" zones, except single-family residential, the front 25 feet of the front yard shall be required to be landscaped and maintained and a wall not more than four and one-half (4 ½) feet in height or solid screen landscaping shall be installed not less than 25 feet from the front lot line or future highway line.

Side yard may be used for parking.

Minimum yards (in feet).

O	O-5	O-20
None	50	50

Maximum Lot Coverage.

O	O-5	O-20
None	10%	10%

Distance Between Buildings.

The minimum distance between buildings shall be 15 feet, except as otherwise provided in this section.

Walls, Fences and Landscaping.

The provisions of Section 93.02.00 shall apply.

Off-street Parking.

The provisions of Section 93.06.00 shall apply.

Off-street Loading and Trash Areas.

The provisions of Section 93.07.00 shall apply.

Access.

The provisions of Section 93.05.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 2041 §§ 23, 24, 2021)

§ 92.21.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.21.1.00 "ESA-SP" environmentally sensitive area specific plan zone.

The ESA-SP zone is intended to provide for the development of environmentally sensitive areas of the city in a manner that will preserve the open, rural character of these areas while allowing development of ranchettes and clustered single- and multiple family or resort projects.

The purpose of the zone is to facilitate the preservation of open space through the creation and implementation of development review considerations that will ensure the evaluation of the suitability of the land for development in a manner which would preserve the character of the land consistent with the policies in Section 92.21.1.05 of this code.

The ESA-SP zone is divided into planning areas, as indicated on the zoning map. The ESA-SP zone includes the Chino Cone, North Palm Canyon Drive north entry corridor, and other areas which the city council may designate from time to time by ordinance. A specific plan, allowing only sensitive and appropriate uses, densities, distributions, and design standards, is required for each Planning Area. All development will be required to be consistent with the adopted specific plan.

The provisions of the ESA-SP zone shall supersede any conflicting provisions of the Palm Springs Zoning Code. The regulations in this Section and 92.21.1.01 through 92.21.1.07 inclusive shall apply to those areas designated "ESA-SP" on the zoning map and shall be liberally construed to effectuate their purposes. Specifically, the provisions of Section 94.03.00 (Planned Development District – PD) shall not be used to increase the density or intensity of development or modify design standards beyond that expressly permitted under the ESA-SP zone or an applicable specific plan.

(Ord. 1700 § 3, 2006; Ord. 1919 § 3, 2017)

§ 92.21.1.01 Uses permitted.

Uses Permitted in All Planning Areas, subject to special planning area exceptions herein.

Single-family dwellings, not to exceed one unit per 40 net acres, excluding for density calculation purposes all lands with slopes in excess of 30% or within established flood zones.

Accessory buildings and uses customarily incidental to the permitted use when located on the same lot therewith. It is unlawful to construct, erect or locate any accessory building without a permitted main building. Servants quarters, guest houses and accessory living quarters may be erected in detached structures but shall not be provided with kitchen arrangements or other provisions for meal preparation.

Home occupations subject to the provisions of Chapter 5.21 of the Palm Springs Municipal Code.

Uses Permitted by Specific Plan in all Planning Areas.

The following uses may be permitted in all planning areas, subject to enactment of a specific plan by California Government Code Section 65450 et seq., as amended:

Single-family dwellings.

Multiple-family residential.

Public parks, recreational areas, and open space, but not to include places of assembly, except as otherwise permitted in this chapter.

Resort hotels, hotels, condominiums, time-shares, including incidental or accessory commercial uses operated primarily for the convenience of residents and guests.

Nature centers, museums and other facilities that interpret and support the natural environment.

Accessory structures and uses customarily incidental to the above uses, located on the same lot therewith, and designed as an integral part of any residential or hotel facility, including:

Athletic, sport and recreation clubs.

Country clubs, golf courses driving ranges, tennis and swimming facilities.

Restaurants, not including drive-in, drive-through or fast-food establishments.

Spas, subject to compliance with Chapter 5.34 of the Municipal Code.

Uses Permitted by Specific Plan in Planning Area 5A.

In addition to the uses specified in subsection B of this section, the following uses may be permitted in Planning Area 5A, subject to enactment of a specific plan by California Government Code Section 65450 et seq., as amended:

Tourist-serving commercial activities, including retail goods and services primarily oriented to the traveler, including restaurants and entertainment. Community-oriented retail, such as a shopping center anchored by a grocery store, is not permitted for this site.

Uses Permitted by Specific Plan in Planning Area 10.

In addition to the uses specified in subsection A of this section, the following uses may be permitted in Planning Area 10, subject to enactment of a specific plan by California Government Code Section 65450 et seq., as amended:

Tourist-serving commercial activities, including services primarily oriented to the eco-tourist, including nature tourism and guided touring such as bird watching, geological or environmental tourism, culture and history educational activities, artistic activities such as photography and painting, nature hiking, and equestrian activities as approved. Community-oriented retail primarily selling merchandise is not permitted for this site.

(Ord. 1700 § 4, 2006; Ord. 1919 § 3, 2017)

§ 92.21.1.02 Uses prohibited.

All uses and structures not permitted in Section 92.21.1.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in the zone by commission determination:

Commercial uses, excepting those otherwise provided for herein.

Industrial uses.

Institutional uses.

Mobile home parks.

Equestrian facilities.

Recreational vehicle parks.

(Ord. 1700 § 5, 2006; Ord. 1919 § 3, 2017)

§ 92.21.1.03 Property development standards—Permitted uses.

The following property development standards shall apply to all land and buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01(A), except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Density. The allowable density shall be one dwelling unit per 40 acres.

Lot Area. Each lot shall have a minimum net lot area of 20 acres.

Lot Dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now held under separate ownership or of record shall not be reduced below these standards.

Each lot shall have a minimum width of 500 feet.

Each lot shall have a minimum depth of 500 feet.

Building Height.

Buildings and structures erected for single family residential use shall have a height not greater than 15 feet above approved finished grade. The total height of the building or structure, measured from the approved finished grade immediately adjacent to the lowest point of the structure to the highest point of the structure, shall not exceed 25 feet.

Yards.

General provisions. The provisions of Section 92.01.00 shall apply.

Front yard. There shall be a front yard of not less than 50 feet.

Side yard. Each lot shall have a side yard on each side of not less than 50 feet.

Rear yard. Each lot shall have a rear yard of not less than 50 feet.

Distance Between Buildings. The minimum distance between buildings shall be 15 feet except as otherwise provided in this section.

Walls, Fences and Landscaping. The provisions of Sections 93.02.00 and 94.21.1.06(F)(3) shall apply, except that no more than one acre of land per lot shall be enclosed by any wall or fence.

Access. The provisions of Section 93.05.00 shall apply.

Off-street Parking. The provisions of Section 93.06.00 shall apply.

Design Standards. All development shall be designed to comply with the design standards for the environmentally sensitive areas, Section 94.21.1.05 of this code.

(Ord. 1700 § 6, 2006; Ord. 1919 § 3, 2017)

§ 92.21.1.04 Property development standards—Uses subject to a specific plan.

The following property development standards shall apply to all land and buildings in the ESA-SP zone for uses permitted under Section 92.21.1.01(B).

Requirement for Area-wide Specific Plan.

A specific plan submitted under this ordinance shall include not less than an entire planning area, except Planning Area 3. A specific plan submitted for Planning Area 3 shall include not less than 10 acres. Minor adjustments to planning area boundaries may be allowed.

Density and Open Space.

The following dwelling unit densities and requirements for open space are established for the planning areas within the ESA-SP. For purposes of calculating densities of hotels and other tourist accommodations, a hotel room or similar unit shall count as 0.70 of a residential dwelling unit:

Planning Area	Maximum Allowed Density	Minimum Required Open Space: All Forms	Minimum Required Open Space: Undeveloped	Maximum Floor Area
1	Go to Base Zone (One DU / 40 Acres)
2	2 DU / Acre	72% of Project Area	35% of Project Area	6,000 SF / DU
3	Tribe Specific Plan
4	2 DU / Acre	72% of Project Area	35% of Project Area	6,000 SF / DU
5	6 DU / Acre	72% of Project Area	35% of Project Area	2,000 SF / DU
5A	0.25 Floor Area Ratio	Not Applicable	Not Applicable	Not Applicable
6	1.5 DU / Acre	79% of Project Area	40% of Project Area	6,000 SF / DU
7	Go to Base Zone (One DU / 40 Acres)
8	2 DU / Acre	72% of Project Area	35% of Project Area	6,000 SF / DU
9	1 DU / Acre	81% of Project Area	40% of Project Area	8,000 SF / DU
10	Go to Base Zone (One DU / 40 Acres)

Undeveloped open space shall exclude all lands with slopes in excess of 30 above the toe of slope, and shall be limited to natural and renaturalized land, and hiking trails. Dedication for public access shall be provided to undeveloped open space.

Floor area shall include all enclosed and covered structures, including all habitable space, garages and carports, solid roofed patios, porte cocheres and other solid roofed accessory buildings and structures. Open, uncovered patios, driveways, walkways, water and landscaping features shall not be included.

Remaining open space may include roads and other paved accessways, recreational facilities, golf courses, landscaping, water features and other uncovered features.

In all Planning Areas other than Planning Area 5A, commercial uses shall not exceed 15% of the total floor area of the development (including all residential and hotel units). For purposes of calculating commercial density, all leasable commercial space shall be counted, including retail, restaurants, pro shops and convention space. Common facilities, such as lobbies, rest rooms, general service areas and management offices shall not be included.

In Planning Area 5A, total enclosed building area shall not exceed a floor area ratio of 0.25.

In Planning Area 9, lands within the floodplain and lands exceeding 30 slope shall be excluded from the density calculation. It is expected that remaining land available for calculation of density is approximately 244 acres.

Building Height.

Buildings and structures erected for single family residential use shall have a height not greater than 15 feet above approved finished grade. The maximum height of the building or structure, measured from the approved finished grade immediately adjacent to the lowest point of the structure to the highest point of the structure shall not exceed 25 feet.

For all buildings, the maximum allowed height shall be as established by the applicable adopted Specific Plan.

Lot Area, Lot Dimensions, Yards, and Distance Between Buildings.

Development standards shall be as established by the applicable adopted specific plan.

Walls, Fences, and Landscaping.

The provisions of Sections 93.02.00 and 94.21.1.05(H)(3) shall apply. Development standards for walls, fences, and landscaping shall be as established by the applicable adopted specific plan.

Access.

The provisions of Section 93.05.00 shall apply, except as may be modified by the applicable adopted specific plan.

Off-street Parking.

The provisions of Section 93.06.00 shall apply, except as may be modified by the applicable adopted specific plan.

Design Standards.

All development shall be designed to comply with the design standards for environmentally sensitive areas, Section 94.21.1.05 of this code.

(Ord. 1700 § 7, 2006; Ord. 1919 § 3, 2017)

§ 92.21.1.05 Design standards.

The purpose of the ESA-SP zone is to protect environmentally sensitive lands by establishing standards for the design, construction, operation, and maintenance of development projects. The design and preparation of the site shall have as their first objective the minimal disturbance of the underlying landforms, site topography, and surface environment of the affected planning area. Any proposed project shall introduce development which appears and functions as an integral part of the site's natural environment. To protect environmentally sensitive land, all development projects within any planning area shall be subject to a design review process with the following components:

Environmental Analysis.

Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, an environmental analysis shall be prepared and submitted to the city. The analysis shall include a map and text which identify all major and minor environmental conditions on the subject site and major environmental conditions in the surrounding area, including lands within 500 feet of the site, with the surrounding area subject to final determination by the Director. At a minimum, the analysis shall identify and describe the following subjects:

Geologic conditions.

Cultural resources.

Topographic conditions.

Unique rock formations and mineral deposits.

Drainage patterns and local watershed boundaries.

Minor and major water channels.

Significant landscape features, oases, etc.

Flora and fauna.

Non-native plant species.

10.

Significant animal species.

11.

Prior development history.

12.

Existing development.

A plan for the removal or other treatment of boulders shall be prepared as part of the specific plan and evaluated in the associated environmental impact report. The analysis provides the basis for project site planning, and the applicant shall design and locate proposed development to minimize impacts on environmental conditions.

View Analysis.

Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit application, a view analysis shall be prepared and submitted to the City. The analysis shall include a map, photos and text which identify views of the project site from the North Palm Canyon Drive, Tram Way and other viewpoints, with the actual viewpoints subject to final determination by the Director. At a minimum, the analysis shall address the following related to the selected viewpoints:

Areas of the subject site which are visible.

Areas of the site which may be screened or otherwise oriented so as not to be visible.

Potential building envelopes (volumes) that would not be visible.

Strategies for maintaining existing screening features.

Strategies for implementing and maintaining proposed screening features.

A three dimensional graphic representation of final build-out shall be required as part of any specific plan application, including scale model, computer simulation or similar presentation. All proposed grading, including roads and parking lots; and all structures, including habitable and non-habitable buildings, storage tanks, and all walls shall be shown.

The analysis provides the basis for establishing the locations and heights of structures and other support features, and the applicant shall locate proposed development to minimize off-site views of the project.

Trails Analysis.

Concurrent with the submission of any proposed project application for a specific plan, tentative map or building permit, a trails analysis shall be prepared and submitted to the city. The analysis shall include a map and text which identify all existing trails and all proposed trails within the project area. Existing trails shall include public trails established by dedication of easement or similar conveyance and trails established by use.

Mandatory Standards.

The following standards shall apply to all development in environmentally sensitive areas and shall not be modified by any specific plan.

Mass grading to create large, single-level flat pads is prohibited.

Pad heights are not significantly raised beyond the natural topography. Any pad height more than two feet above natural topography may be deemed significant.

The master plan of drainage shall be implemented.

Retention basins are prohibited where a sufficient master plan of drainage has been implemented. Street and site plan layout shall follow natural terrain.

Streets and paving areas are paved with decorative or colored concrete or pavers to match color of existing terrain. Asphaltic concrete shall not be allowed.

No street lighting is allowed.

Vegetation removed for utility construction or maintenance is replaced with appropriate landscaped areas.

All utility lines are located underground, except screening from public view in a manner that represents natural desert landscaping may be allowed when undergrounding is not feasible.

All water lines located in public or private street rights-of-way are located within the pavement sections.

10.

Water lines located outside of rights-of-way require waterline easements.

11.

Any visible portion of a water storage facility has an exterior color to match surrounding native stone, soil color or backdrop.

12.

Location and design of water storage facilities are coordinated in advance with the Desert Water Agency.

13.

Water tanks are not located on slopes greater than 3:1.

14.

All wastewater lines, including force mains, located in public or private street rights-of-way are located within the pavement sections.

15.

Wastewater lines located outside of rights-of-way require sewer line easements that include full vehicular and equipment access.

16.

All exterior colors, materials and finishes blend with the color and texture of surrounding stone or soil.

17.

Reflective building materials are not used. Solar panels shall be non-reflective.

18.

The forms of buildings, structures and other improvements are not repetitive, but respect and interpret the forms of the surrounding landscape and present a custom design appearance.

19.

Stepped elevations and floor levels are used to avoid massive building forms and wall surfaces.

20.

All exterior mechanical equipment is screened with material that complements the surrounding structures and environment.

21.

Project gates, if proposed, shall be limited to vehicular access control only.

22.

Project signage shall be designed to blend with the natural environment.

23.

No curbs shall be allowed.

24.

At least one nature interpretive center in each planning area shall be provided as part of the development of the public trails system, if applicable.

Site Preparation.

The design and preparation of the site shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of the Chino Cone and adjacent areas, and the introduction of development which appears and functions as an integral part of the site's natural environment. The following principles describe how the objectives for site preparation would be fulfilled.

Guiding Principles. Grading:

New development is designed to follow existing slopes and contours.

Cut-and-fill techniques to create flat development pads is avoided.

Slopes do not exceed 1-1/2 to 1.

Retaining walls are limited to:

Retaining walls that are part of a building foundation.

Transition retaining walls taper from a maximum height of five feet with a maximum overall length of 25 feet.

Walls are screened with boulders or other materials, as approved by the specific plan.

Retaining elements composed of boulders, berms or other non-manufactured materials provide variation in form and a natural appearance.

Guiding Principles. Drainage:

Project drainage follows best practices, while maintaining the natural run-off and channel characteristics.

Development preserves existing drainage patterns, natural streams and local watershed boundaries.

Drainage volumes in existing channels are not increased over natural levels.

Sedimentation characteristics of existing drainage channels are maintained.

Natural, non-manufactured materials are used to assure the stability of drainage channels.

The natural vegetation density and diversity of existing channels are maintained.

No ponding of water occurs above cut or fill slopes.

Surface drainage interceptors are provided at the top of cut or fill slopes to prevent erosion of slopes and graded areas.

All erosion control, and surface and sub-surface drainage facilities are designed to provide stable and long-term erosion protection.

Manufactured drainage facilities are covered or screened with boulders and other materials to produce a natural appearance.

Street Design.

The design and placement of street and roads shall have as their objective: The appearance of streets and roads as long strips of pavement crossing natural slopes and contours shall be minimized, and their design and construction shall minimize intrusions into local natural conditions.

The following principles describe how the objectives for street design would be fulfilled:

Guiding Principles. Location of streets and roads.

Streets do not divert or block primary historical drainage patterns.

The vertical profile of streets are aligned to closely match the existing natural terrain.

Habitat connections and view corridors are not interrupted by streets.

Curvilinear alignments and gently rolling profiles are consistent with site topography. Excavations and embankments are limited to the greatest extent possible.

Street alignments are located to avoid stands of vegetation, rock outcroppings and other significant natural features.

Street and Parking Design.

Minimum public street widths are 22 feet with no on-street parking. Off-street guest parking is located and provided in sufficient numbers to support the project.

Road shoulders widths are composed of crushed native rock. Additional width may be required to accommodate drainage swales or, where necessary, concrete gutters. Drainage swales shall be composed of large stones and native soil.

Street intersections are not located within the alignment and floodplain of major or minor water channels nor within boulder clusters or other sensitive environmental features.

Shoulder slopes match pavement cross slope where roadway cross-slopes are used to control drainage.

Maximum slope gradients within 10 feet of the roadway edge do not exceed 4:1 for fill slopes and 3:1 for cut slopes.

Maximum height of cut and fill slopes, including any retaining walls, is eight feet. Retaining walls are the minimum height necessary to meet this standard.

Roadway slopes do not create a continuous wall or cut/fill condition, but vary in height and present an undulating appearance consistent with the natural slope.

Slopes are rounded to blend into the existing terrain to produce a contoured transition.

Street design accommodates stormwater runoff, as required by a hydrology study approved by the city engineer. When used, concrete closely matches adjacent paving materials. Standard grey concrete material shall not be allowed.

Street design not meeting public street standards for sections, widths, materials or other factors may be required to be constructed and maintained as private streets. All streets on the Chino Cone are recommended to be private, except collector streets, as indicated in the specific plan.

Sidewalks.

No sidewalks are allowed, except only as may be required to conform to state and federal accessibility requirements. Accessible pathways shall be paved with decorative or colored concrete, pavers, or other approved materials.

Utilities.

The location and installation of utilities shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of the Chino Cone, and the introduction of services and utilities which appear as an integral part of the site's natural environment.

The following principles describe how the objectives for site preparation would be fulfilled:

Guiding Principles. General criteria for utilities:

Utilities are located to minimize any degradation to the key natural features identified on the environmental analysis.

Utility crossings do not obstruct or constrict drainage courses.

Utility corridors requiring frequent maintenance are not located within significant riparian, vista or habitat corridors.

Guiding Principles. Water distribution lines:

Water meters are located adjacent to driveways and shall minimize impacts on environmental conditions.

Water lines only cross water channels within street rights-of-way.

Guiding Principles. Water storage facilities:

Water storage facilities minimize impacts on the surrounding environment.

Guiding Principles. Wastewater collection lines:

Wastewater lines avoid side or rear yard areas and cut or fill slopes.

Wastewater lines are not located within areas subject to inundation by a 100 year storm flow, unless approved by the City Engineer.

Wastewater lines only cross water channels within street rights-of-way, and only when no other viable solution is available.

Guiding Principles. Other utilities:

All utility lines are located within public or private street rights-of-way, but may be located outside of pavement areas.

Site Planning and Design.

The site planning and design of development shall have as their objective: The minimal disturbance of the underlying landforms, site topography and surface environment of each planning area and any adjacent planning area, and the introduction of buildings, structures, and landscaping which appear and function as integral parts of the site's natural environment.

The following principles describe how the objectives for site planning and design would be fulfilled.

Guiding Principles. General criteria:

The following elements are preserved in the site plan:

Natural features, environmental functions and cultural features, as determined by the Environmental Analysis.

View corridors, as determined by View Analysis.

The existing and proposed trail system.

Natural topography.

Natural vegetation.

Natural water channels and drainage ways.

Significant visual features, such as peaks, ridgelines, rock outcrops, boulder fields, and significant stands of vegetation.

Guiding Principles. Design:

Development of Planning Area 5A harmonizes with and does not overshadow Visitors Center.

Buffers in setbacks fluctuating between 75 to 125 feet (average 100 feet) are developed on properties fronting North Palm Canyon Drive to screen development from motorists' views.

Buffers in setbacks fluctuating between 50 to 75 feet (average sixty-two and one-half (62.5) feet) are developed on properties fronting Tramway to screen development from motorists' views.

All rooftops in Planning Areas 5 though 8 are screened from highway view using berms, landscape materials and setbacks.

Passive solar control is incorporated into the architecture. Recessed window and entry openings and deep roof overhangs are examples.

Guiding Principles. Walls and fences:

Perimeter or property boundary walls and fences are avoided.

Site walls and fences enclose the minimum area necessary to provide privacy or code compliance (swimming pools, etc.).

Walls and fences do not cross significant desert vegetation, water channels or significant topographic features.

Walls are designed to avoid unbroken lines, using undulations, offsets, notches and similar features.

Walls and fences are screened with landscaping and boulders to minimize visual appearance.

Guiding Principles. Lighting:

Exterior lighting fixtures are shielded to eliminate off-site views of any direct light source. All lighting is directed downward with no up-lighting of landscaping.

Maximum height for commercial, free-standing lighting fixtures is 18 feet.

Guiding Principles. Landscaping:

The plant palette for any project is limited to drought-tolerant plants, except as may be approved within a specific plan. Invasive plants are not used.

Landscape lighting is not allowed, except as may be approved within a specific plan.

Irrigation is of a non-spray design.

Turf areas are not visible from street views, except as may be approved within a specific plan.

Guiding Principles. Energy conservation:

Comprehensive energy conservation and green building principles are incorporated into project design, construction and operation.

Findings Required for Approval.

Any application for development project within the ESA-SP zone may only be approved if, in addition to the findings contained in Section 94.04.00 of the Palm Springs Zoning Code, the following findings are made:

The project demonstrates a complete and integrated vision for design, operation and use through the use of exemplary site planning, architecture, landscape architecture, materials and color principles and techniques.

The project is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation.

The project is properly located to protect sensitive wildlife habitat and plant species, and avoids interference with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings and significant natural features.

The project will be constructed with respect to buildings, accessory structures, fences, walls, driveways, parking areas, roadways, utilities and all other features, with natural materials, or be screened with landscaping, or be otherwise treated so as to blend in with the natural environment.

The project utilizes landscaping materials, including berms, boulders and plant materials which, insofar as possible, are indigenous and drought-tolerant native species.

The project grading will be terrain sensitive and excessive building padding and terracing is avoided to minimize the scarring effects of grading on the natural environment.

The project meets or exceeds open space area requirements of this Section and in accordance with the conservation plan, and adequate assurances are provided for the permanent preservation of such areas.

The project provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons.

The project has been adequately designed to protect adjacent property, with appropriate buffers to maximize the enjoyment of the subject property and surrounding properties.

10.

The project will not have a negative fiscal impact on the city or its citizens.

Performance Agreement.

Prior to the issuance of any permit for grading or construction of any improvement on any property within an ESA-SP zone, the developer shall enter into an agreement with the city, in a form approved by the city attorney, ensuring, should the improvement not be completed as permitted, that the land will be renaturalized in compliance with the provisions of this section. The obligations of the developer pursuant to such agreement shall be secured in amounts required by the city engineer necessary to complete such renaturalization consistent with the provisions of Chapter 9.65 of the municipal code: however, such security shall be in the form of cash, irrevocable letter of credit, assignment of a certificate of deposit, or similar form of security approved by the city manager and the city attorney.

Enforcement.

In addition to any remedy otherwise available to the city pursuant to this code or the municipal code, the failure to protect the natural terrain or the defacement, grading, grubbing, scaring or any other act disturbing the natural terrain of any property within the ESA-SP zone without prior city approval of plans for such work, or in a manner inconsistent with or in violation of plans as approved by the city pursuant to this section or as otherwise provided in any agreement as provided in subsection J of this section, shall be deemed a public nuisance which may be abated pursuant to the city's nuisance abatement procedures provided in Chapter 11.72 of the municipal code.

(Ord. 1700 § 8, 2006; Ord. 1707 § 1, 2006; Ord. 1919 § 3, 2017; Ord. 2031 §§ 41—43, 2020)

§ 92.21.1.06 Specific plan requirements for development in ESA-SP Zone.

Before any land within a planning area may be subdivided pursuant to the Subdivision Map Act (Government Code Sections 66410, et seq.), a specific plan shall be prepared and adopted for the entire planning area to provide a comprehensive land use plan complying with the goals and policies of the general plan and the requirements of the ESA-SP zone. Each specific plan shall include a detailed land use evaluation as provided in this section. An environmental impact report ("EIR") is required for each specific plan. Each EIR shall include a full discussion of land use alternatives and shall address planning considerations and relationships with surrounding properties.

Each specific plan shall contain a land use element, a circulation and traffic element (including roadway and trail design and planning), water conservation element, recreation and open space element (including habitat mitigation), public service and infrastructure element (including a fiscal impact analysis of the effects of development on the city), and such other elements as the council may require. In order to ensure that development within a planning area will not have an adverse or negative impact on the city, a specific plan can require a development agreement to ensure the provision of services and improvements or the payment of fees, charges, or assessments to offset any negative or adverse financial or fiscal effects on the city or its ability to provide services to the future residents of the planning area and city as a whole.

Each Specific Plan shall identify those areas within the Planning Area that are to remain as undeveloped open spaces, such as undevelopable slopes and natural landmarks, etc., and which are to be used for game preserve, wildlife corridor, passive recreational, or open space purposes, may be offered, through dedication, to a governmental jurisdiction, or to a not-for-profit land trust, conservancy, or similar organization whose charter allows for the ownership of development rights which will preserve the natural open space in perpetuity. In the event the public agency, or city, or land trust, conservancy, or similar organization does not accept such an offer (of if such an offer is not made), the specific plan shall provide regulations for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as separate parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance district. Where appropriate, maintenance in perpetuity shall be guaranteed through the bond of the developer or continuing funding by the developer's successors.

A specific plan for a planning area within the ESA-SP zone may only be approved if, the following findings are made:

The development provided in the specific plan is harmonious with, adapted to, and respectful of, the natural features with minimal disturbance of terrain and vegetation.

The development within the specific plan is properly located to protect sensitive wildlife habitat and plant species, and avoids interference with watercourses, arroyos, steep slopes, ridgelines, rock outcroppings and significant natural features.

The development provided in the specific plan will be constructed with respect to buildings, accessory structures, fences, walls, driveways, parking areas, roadways, utilities and all other features, with natural materials, or be screened with landscaping, or be otherwise treated so as to blend in with the natural environment.

The development provided in the specific plan utilizes landscaping materials, including berms, boulders and plant materials which, insofar as possible, are indigenous and drought-tolerant native species.

The grading of land within the specific plan will be terrain sensitive and excessive building padding and terracing is avoided to minimize the scarring effects of grading on the natural environment.

The specific plan preserves open space areas to the maximum extent permitted by this section and in accordance with the conservation plan, and adequate assurances are provided for the permanent preservation of such areas.

The specific plan provides the maximum retention of vistas and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons.

The development provided in the specific plan has been adequately designed to protect adjacent property with appropriate buffers to maximize the enjoyment of property within the specific plan and surrounding properties.

The development provided in the specific plan will not have a negative fiscal impact on the city or its citizens.

(Ord. 1700 § 9, 2006; Ord. 1919 § 3, 2017)

§ 92.21.1.07 Transfer of density.

The purpose of this transfer of density section is to maximize the preservation of open space, significant views, and other valuable characteristics of property within the ESA-SP zone by allowing the re-distribution of development rights among properties and between planning areas.

Transfer Between Properties.

Within any planning area, allowed residential development density may be transferred from any one property to another on a one-to-one basis, subject to approval of a specific plan. Density transfers shall be reviewed for the effect of such transfers on increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the development.

Transfer Between Planning Areas.

Between any planning areas, allowed residential development density may be transferred with a bonus of 1.2 units at the receiving site for every unit from the sending site, subject to approval of a single specific plan for all planning areas subject to the transfer. Density transfers shall be reviewed for the effect of such transfers on increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the development.

Transfer Outside Planning Areas.

From any planning area, allowed residential density may be transferred to any lot within the city with a bonus of 1.2 units at the receiving site for every unit from the sending site, subject to approval of a specific plan for the sending planning area and an appropriate entitlement for the receiving site, including but not limited to a specific plan, conditional use permit, or a planned development permit. Density transfers shall be reviewed for the effect of such transfers on increasing open space, preserving views, minimizing grading or other land disturbance and reducing the expenditures for public services to the planning area and to the impacts on the receiving site or vicinity.

Density Transfer Performance Standards.

Density transfers shall not be allowed to Planning Areas 2, 3, 6, 7, or 10.

Density transfers to Planning Areas 5, 8, or 9 shall only be allowed from Planning Areas 1 through 10 inclusive.

For any receiver site, the applicable specific plan shall be prepared to include an amendment to the applicable permitted land use densities of the Palm Springs general plan.

(Ord. 1700 § 10, 2006; Ord. 1707 § 2, 2006; Ord. 1919 § 3, 2017)

§ 92.22.00 "U-R" urban reserve zone.

The U-R zone is intended to promote the classification of the land for open or conservation uses, including agriculture, floodplain, soil conservation, protection of flora and fauna, and similar purposes until the land is used for urban development through corrective measures or changes in the environmental through natural or man-made activities consistent with the general plan.

Portions or all of this land are to be considered appropriate for urban uses when such uses are in conformity with those indicated on the general plan and when they are arranged in a compatible relationship with the use of the remaining land.

(Ord. 1294, 1988)

§ 92.22.01 Uses permitted.

Uses consistent with the general plan land use element permitted subject to approval of a planned development district pursuant to Section 94.03.00;

Uses permitted subject to approval of a land use permit pursuant to Section 94.02.01:

Agricultural,

Caretaker's residence (1,000 square feet maximum),

Organized off-road vehicle tours;

Uses permitted subject to approval of a conditional use permit pursuant to Section 94.02.00, when such uses are deemed by both the commission and council to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives.

Temporary governmental facilities;

Accessory uses customarily incidental to those uses permitted, and to those uses approved as part of a planned development district.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1366, 1991)

§ 92.22.02 Conditions and procedures.

Conditions.

Land in the urban reserve zone may be considered for urban uses, subject to, but not limited to, all of the following conditions:

The submission of development plans and standards for review and approval by the planning commission and city council in accordance with Section 94.03.00;

The installation of circulation, utilities and facilities required for each planned development district;

The provision of school and park sites or contributions, including off-site as well as on-site utilities in lieu thereof, for the acquisition and development thereof;

That the development shall be reasonably adjacent to already urbanized development or that it be self sustaining;

The presentation of an environmental impact report as provided for in the California Environmental Quality Act.

Procedures Leading to Review and Approval.

Presentation of plans and programs related to each planned development district, with a clear indication as to the manner in which they are in conformity with the general plan and its policies;

Presentation of data essential to the preparation of the necessary environmental documents as required by the California Environmental Quality Act;

Review of plans, proposals and reports by the planning commission and city council and the approval of these agencies prior to the issuance of grading or building permits. All fees, bonds and other requirements shall also be complied with as a prerequisite to final approval.

(Ord. 1294, 1988; Ord. 1347, 1990; Ord. 1366, 1991; Ord. 1553, 1998)

§ 92.22.03 Property development standards.

The following property development standards shall apply to all land and buildings in the U-R urban reserve zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

The minimum area submitted for a planned development district shall be 40 acres, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be considered for a planned development district.

The minimum lot area for residential developments shall conform to the standards of the district where the type of dwelling unit is listed as a permitted use. However, no individual lot may have a net area of less than 10,000 square feet.

Lot Dimensions.

Lot Width.

The minimum width of a lot shall conform to the standards set forth in the zone where the proposed development is listed as a permitted use. However, in no case may the width be less than 100 feet unless there are special topographic conditions requiring approval of a reduction by the planning commission.

Building Height.

The height of buildings shall conform to the standards for the type of use as set forth in the zone where such use is permitted. Where topography or other special conditions exist, the height of the buildings proposed shall be subject to the approval of the planning commission and city council.

Yards.

All buildings and structures shall be set back from the right-of-way of streets, whether public or private, a distance required for the type of use as set forth in the zone where the use is permitted.

Where topography requires a lesser setback, the location of buildings and structures shall be subject to approval of the planning commission and city council.

Maximum Coverage.

The maximum coverage by buildings and structures shall not exceed 25% of the total area of each planned development district or of each lot within the district. On large parcels of unsubdivided land, the coverage shall be subject to the provision of reasonable open space as approved under planned development procedures consistent with the general plan.

Walls, Fences and Landscaping.

The provisions of the sections related to the uses included in the planned development district shall apply.

Off-street Parking.

The provisions of the sections related to the uses included in the planned development district shall apply.

Signs.

The provisions of the sections related to the uses included in the planned development district shall apply.

Architectural Review.

The provisions of the section dealing with architectural review and approval shall apply to each planned development district and to all of the elements within it.

Unified Control.

The property shall be developed as one parcel and under unified control.

(Ord. 1294, 1988; Ord. 1347, 1990)

§ 92.22.04 Property maintenance standards.

All properties shall be subject to property maintenance standards established in Section 93.19.00.

(Ord. 1294, 1988)

§ 92.23.00 "CU" civic uses district zone.

The CU district is intended to accommodate governmental uses, facilities, services, and incidental uses necessary to support governmental facilities.

(Ord. 1294, 1988; Ord. 1653, 2004; Ord. 1808 § 2, 2012)

§ 92.23.01 Uses permitted.

Uses Permitted.

Accessory structures and uses customarily incident to the above uses and located on the same lot therewith;

Childcare centers;

Governmental facilities;

Museums, libraries, and cultural uses;

Nonprofit uses;

Public parking areas, not as an accessory to uses permitted in this zone pursuant to Section 93.06.00;

Public parks.

Similar Uses Permitted by Commission Determination.

The commission may, by resolution of record, permit any other uses which it may determine to be similar to these listed above and not more obnoxious or detrimental to the public health, safety, and welfare as other uses permitted in the zone as provided for in Section 94.01.00.

Uses Permitted by Conditional Use Permit.

Uses permitted pursuant to Section 94.02.00.A.2 of this Code.

(Ord. 1294, 1988; Ord. 1653, 2004; Ord. 1808 § 3, 2012; Ord. 2076, 1/12/2023)

§ 92.23.02 Uses prohibited.

Any use not expressly permitted by Section 92.23.01 above is prohibited.

(Ord. 1294, 1988; Ord. 1653, 2004; Ord. 1808 § 4, 2012)

§ 92.23.03 Property development standards.

The following property development standards shall apply to all land and buildings in the CC zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site.

Lot Area.

No minimum area.

Lot Dimensions.

No minimum.

Density.

Residential development consistent with the goals of the general plan housing element shall conform to the standards of the R-3 zone, Section 92.04.03.

Building Height.

Buildings and structures erected in this zone shall have a height not greater than 30 feet, except as provided below.

Exceptions.

Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply.

When C-U zoned property directly abuts R-1 zoned property, all structures within 150 feet of the R-1 property line shall have a height not to exceed 15 feet.

Yards.

Front Yard.

Each lot shall have a yard adjacent to any street of not less than 25 feet.

Side and Rear Yard.

No requirement unless adjacent to residential use or zoning where in a 20 foot building setback shall be required.

Exceptions.

Residential uses shall conform to the standards of the R-3 zone, Section 92.04.03.

Special Setbacks.

For properties fronting on Tahquitz Canyon Way, see Section 93.01.02.

Walls, Fences and Landscaping.

The provisions of Section 9302.00 shall apply with the following exception:

Walls in excess of six feet, in conjunction with governmental facilities, may be approved by the planning commission.

Coverage.

No requirement.

Access.

The provisions of Section 93.05.00 shall apply.

Off-street Parking.

The provisions of Section 93.07.00 shall apply.

Signs.

The provisions of Section 93.20.00 shall apply.

Antennas.

The provisions of Section 93.08.00 shall apply.

Public Art.

The provisions of Section 93.11.00 shall apply.

(Ord. 1294, 1988; Ord. 1500, 1995; Ord. 1553, 1998; Ord. 2041 § 25, 2021)

§ 92.24.00 "H" historic preservation combining zone.

The purpose of the "H" historic preservation combining zone is:

To preserve historic sites and neighborhoods that represent important elements of Palm Springs' past or contribute to the community's identity or educational resources;

To enhance the visual character of Palm Springs by encouraging and regulating the compatibility of architectural styles within historic neighborhoods;

To identify and designate areas which have a significant concentration or continuity of sites, buildings or objects unified by past events or physical development;

To encourage restoration of historic buildings and neighborhoods throughout the city.

The "H" zone may be established only in conjunction (as an overlay symbol or by suffix symbol) with other zones and only with parcels or areas designated as official local historic sites or districts.

Uses shall be as provided in the underlying zone with which the "H" zone is combined. Any use which is listed as a conditional use is subject to the planning commission making all of the following findings:

The proposed use is compatible with the historic nature of the property and would require minimal alteration to the building or site; and

All proposed and/or required alterations would not alter the historic significance of the building or site.

Development standards, which may differ from those of the underlying zone, shall be determined by the plans and reports approved as part of the historic preservation combining zone district establishment. Structures within the "H" historic preservation combining zone shall be considered legally conforming while the property is so zoned. Upon removal of the "H" zone designation, subject structures shall revert to the status as existed prior to receipt of the combining zone district designation to the extent that there was any intervening change in law or ordinance, exclusive of historic preservation combining zone district zoning or re-zoning, changing such status.

To the extent required by each individual "H" zone district, each applicant for any permit which would authorize new construction, demolition or exterior alterations, additions or modifications of any building, structure or part thereof, signs or any person or firm intending to paint or repaint the exterior of any building or any sign, or any sign or any portion thereof shall first submit the appropriate application thereof for review, subject to the procedures as set forth in Section 94.04.00, except that the historic site preservation board shall review such application and submit its recommendation to the planning commission prior to commission action.

In reviewing any project within an "H" district, the historic site preservation board and the planning commission shall consider its relationship to nearby buildings and the general character of the district.

Building materials and construction in "H" districts shall conform to the applicable city codes in force, except that the provisions of the State Historical Building Code shall prevail.

(Ord. 1294, 1988)

§ 92.25.00 "R" resort overlay zone.

The economic growth and development of the city of Palm Springs is dependent in large part on the impact of the millions of people who visit the community each year seeking the recreational activities, a pleasant convention environment and relaxation for which Palm Springs has become known. The "R" resort overlay zone is intended to prioritize the development of accommodations and services for these visitors while allowing supporting and complementary land uses.

The "R" zone may be established only in conjunction (as an overlay symbol) with other zones.

Uses shall be as provided in the underlying zone with which the "R" zone is combined.

(Ord. 2041 § 26, 2021)

§ 92.26.00 "D" downtown parking combining zone.

The economic growth and development of the downtown is affected by the development regulations of this Zoning Code. The "D" downtown parking combining zone is intended primarily to provide for adequate parking while recognizing the characteristic of shared parking which is unique to the downtown.

The "D" zone may be established only in conjunction (as a combining zone) with other zones.

Uses within the downtown parking combining zone shall provide numbers, sizes and layout of spaces in accordance with Section 93.06.00, except as otherwise noted below:

Offices (all types).

One space for each 325 square feet of gross floor area.

Places of Public Assembly.

One space for every five seats, if seats are fixed; one space for each 250 square feet of assembly area, which does not include foyers, corridors, restrooms, kitchens, storage and other areas not intended for the assembly of people, if seats are not fixed.

Residential Uses.

One covered primary space for each dwelling unit. In addition, one parking space per each four units shall be designated for guest parking.

Restaurants.

Except as otherwise noted, one space for every four seats.

Convenience Food and Beverage Service.

One space for every 400 square feet of gross floor area where the public is served.

Outdoor Dining, Ancillary Bars / Waiting Areas.

One space for every eight seats. An outdoor area is defined as an area which is not covered by a roof, or, if covered by a roof, its roof is not supported by walls on at least three sides.

Ancillary Live Entertainment, Food/Beverage Carts.

No requirement.

Banquet Halls, Private Clubs.

One space for every eight seats.

Retail.

One space for each 400 square feet of gross floor area.

Mixed-Use Developments, Which Exceed Twenty thousand Square Feet of Gross Floor Area.

One space for each 375 square feet of gross floor area. In addition, theaters and restaurants within mixeduse developments shall also require parking in addition to the 1:375 ratio as follows:

Additional Parking Required for:
Size of Mixed-Use Development	Theaters	Restaurant Area Over 25% of Total Area of Development
20,000—100,000 sq. ft.	3 spaces/100 seats	1 space/100 sq. ft.
100,000—200,000 sq. ft.	3 spaces/100 seats over initial 450 seats	1 space/167 sq. ft.
200,000 sq. ft.+	3 spaces/100 seats over initial 750 seats	No additional spaces

An application for a mixed-use development shall designate any proposed theater and restaurant use for the purpose of computing parking requirements. Theater and restaurant uses may not thereafter be added in a manner which would require additional parking in accordance with the above ratios unless the additional parking can be provided on site or in-lieu fees are paid to the off-street parking fund.

Residential units, when incorporated as part of a mixed-use development which exceeds 20,000 square feet of gross floor area, shall be parked at a ratio of one-half (0.5) space per bedroom from the first two bedrooms. No additional parking spaces shall be required for residential units with more than two bedrooms.

Hotels, when incorporated as part of a mixed-use development which exceeds 20,000 square feet of gross floor area, shall be parked at a ratio of on-half (0.5) space per guest room. Ancillary hotel uses, such as restaurants and banquet facilities, shall require additional parking in accordance with the ratios in the table above.

On-Street Parking Credit.

At the discretion of the planning commission, mixed-use developments within the "D" downtown parking combining zone may be credited for on-street parking spaces, which are directly adjacent to the development, against the requirement for off-street parking spaces at the rate of one-half (½) off-street parking spaces for every on-street space. The granting of this credit shall be dependent on the provision of additional open space, landscape, decorative materials or other pedestrian-related amenities above that required by this section; provided, such amenities are accessible or useable by the general public from the public right-of-way.

(Ord. 1418, 1992; Ord. 1565, 1999; Ord. 1977 § 16, 2019; Ord. 2020 § 42, 2020)

§ 92.27.00 "G" gaming overlay zone. [1]

The economic growth and development of the city of Palm Springs will be fostered by the development gaming establishments within the city of Palm Springs. The "G" gaming overlay zone is intended primarily to provide for the development of such establishments while guarding against an unwanted proliferation of gaming establishments in locations which would not be compatible with the tourism goals of the general plan and the needs of the residents of the city of Palm Springs.

The "G" zone may be established only in conjunction (as an overlay symbol) with other zones.

Uses permitted shall be as provided in the underlying zone with which the "G" zone is combined; provided that, the underlying zone must be within one of the following areas, subject to consistency with the general plan: (1) the central business district, (2) an urban reserve zone, or (3) a planned development district.

The locations of the "G" gaming overlay zones are depicted on Exhibit "A," incorporated at the end of this section.

Use of the locations for gaming shall be permitted subject to compliance with state and local laws.

A Type II conditional use permit, subject to review of both the planning commission and the city council, must be obtained to allow gaming on a specific site within the "G" gaming overlay zone. Such permit is subject to the findings that the proposed gaming facility is compatible with its surroundings and that the tourism goals of the general plan are advanced by its approval.

Exhibit A

(Added by voter approval November 7, 1995)

[1]

Editor's Note: Section 92.27.00 approved by voters 11-7-95, effective December 15, 1995. Amendments as to location of gaming clubs requires voter approval; other amendments may be made by the city council, upon a 4/5 vote.

§ 92.28.00 "CO" cannabis overlay zone.

Purpose. The purpose of the "CO" Cannabis Overlay Zone is to assist in diversifying the economy of the city of Palm Springs by establishing an area that will support cannabis-based businesses. The "CO" Cannabis Overlay Zone is intended to provide for the development of cannabis-based businesses in an area where impacts to established neighborhoods will be reduced. Zoning incentives and other similar incentives are encouraged in the overlay zone to as an inducement for cannabis-based businesses to locate within the boundaries of the zone.

Locations. The "CO" zone may be established only in conjunction (as an overlay symbol) with other zones. The locations of the "CO" zone are depicted on Exhibit "A," incorporated at the end of this section.

Uses. Uses permitted shall be as provided in the underlying zone upon which the "CO" zone is overlaid.

Development Standards. Development standards shall be as provided in the underlying zone upon which the "CO" zone is overlaid, except as otherwise provided in this Code.

Compliance with Regulations. Cannabis Facilities in the "CO" zone shall be required to adhere to all regulations set forth in Chapter 5.55 of this Code.

"CO" CANNABIS OVERLAY ZONE
	"CO" Cannabis Overlay Zone		City Boundary

(Ord. 2007 § 31, 2019)

§ 92.29.00 "FD" food desert overlay zone.

Purpose. The purpose of the "FD" Food Desert Overlay Zone is to encourage the development of qualifying grocery businesses in areas within the City that are categorized as "food deserts," which are defined as neighborhoods where residents have limited access to healthy and affordable food. The "FD" Food Desert Overlay Zone is intended to address food access issues in underserved neighborhoods by offering zoning incentives as a means to encourage new qualifying grocery store operators to locate within these neighborhoods in either rehabilitated existing structures or new structures. The establishment of the "FD" Food Desert Overlay Zone addresses public health and welfare issues by encouraging commercial uses that provide basic necessities in close proximity to disadvantaged residential areas.

Definitions. For the purposes of this section, certain words or phrases used in this section are defined as follows:

"Census tract"

means a small statistical subdivision of a county or equivalent entity, as defined and established by the U.S. Census Bureau.

"Household income"

means the combined gross income of all members of a household, as defined and established by the U.S. Census Bureau.

"Median household income"

means the income figure that divides household income in a given geographic area into two equal parts: one-half of the cases falling below the median and on-half above the median, as defined and established by the U.S. Census Bureau.

"Poverty level"

means the minimum level of household resources that are adequate to meet basic needs, as defined and established by the U.S. Census Bureau.

"Qualifying grocery store"

means a store with a minimum of 5,000 and a maximum of 60,000square feet of gross floor area that offers a full line of dry groceries, canned goods, and perishable groceries, including meats, dairy, and produce. The incidental sale of liquor and/or alcohol products may be permitted in conjunction with a qualifying grocery store, but shall not exceed 30% of the floor area or sales volume.

Location. The "FD" Food Desert Overlay Zone may be established only in qualifying census tracts and only as an overlay to an underlying zoning district. A census tract qualifies as an eligible location for the "FD" Food Desert Overlay Zone if it meets all of the following criteria:

The census tract or a portion thereof is located greater than one mile from an operating grocery store, with a minimum of 5,000 square feet of gross floor area that offers a full line of dry groceries, canned goods, and perishable groceries; and

The median household income of the census tract is at or below the median household income for the city of Palm Springs as a whole, as established by the most recent American Community Survey of the U.S. Census Bureau; and

The poverty level for the census tract is 15% or greater, as established by the most recent American Community Survey of the U.S. Census Bureau.

Upon determining that a census tract qualifies for inclusion in the "FD" Food Desert Overlay Zone, the Director shall prepare a resolution for adoption by the Planning Commission, providing the findings for establishment of the overlay zone and defining the boundaries thereof. Once approved by the Planning Commission, the resolution shall be maintained on file in the Department.

Zoning. A qualifying grocery store may be located in any commercial or industrial zone district within a "FD" Food Desert Overlay Zone, subject to obtaining a Conditional Use Permit as provided below.

Application Processing and Review. Applicants for a qualifying grocery store use within a "FD" Food Desert Overlay Zone shall be subject to the following procedures:

New Building Construction: For the construction of a qualifying grocery store use in a new building, applicants shall file a Conditional Use Permit application in accordance with PSZC Section 94.02.00. Upon receipt of a completed application, the City shall have 60 days to act upon the application. No Architectural Review application or Development Permit application shall be required for submittal in conjunction with the Conditional Use Permit application.

Renovation or Limited Expansion of an Existing Building/No Accessory Use Requiring a CUP: When a new qualifying grocery store use is located within an existing building, no Conditional Use Permit application shall be required for that use, provided the proposed renovation/expansion of the existing building does not increase the existing gross floor area by more than 25.

Significant Expansion of an Existing Building/Accessory Use Requiring a CUP: When a new qualifying grocery store use is located within an existing building, and an expansion of the existing building is proposed which will increase the existing gross floor area by more than 25, the application shall be treated as one for new building construction pursuant to subsection (E)(1).

Accessory Uses: Accessory uses, such as gasoline sales or other similar commercial uses, may be permitted in conjunction with a qualifying grocery store use where allowed by the underlying zoning district. Where the underlying zoning district regulations require approval of a Conditional Use Permit application for the accessory use, a separate Conditional Use Permit application shall be required for the accessory use.

Zoning Incentives. Applicants for the establishment of a new qualifying grocery store use in a "FD" Food Desert Overlay Zone are eligible for the following incentives:

Waiver of Architectural Review Application and Development Permit Application. The requirement for filing an Architectural Review application and a Development Permit application, pursuant to PSZC Sections 94.04.00 and 94.04.01, shall be waived for new construction or renovation/expansion of an existing structure for a qualifying grocery store use. Review of the site plan and architectural treatment for any new structures shall be conducted by the Planning Commission as part of the review of the applicable Conditional Use Permit application.

Flexibility in Specified Development Standards. The following development standards may be waived, reduced or relaxed upon approval of an administrative Minor Modification application pursuant to PSZC Section 94.06.01:

Parking. The minimum parking requirements for a qualifying grocery store use pursuant to PSZC Section 93.06.00 may be reduced by up to 30.

Setbacks. Required side and rear yard setbacks may be reduced by up to 25 or 15 feet, whichever is less, for a qualifying grocery store structure.

Height. Height limits may be increased by up to 15 for a qualifying grocery store structure.

Separation Distance. Required separation distances between commercial uses and residential zones may be reduce for the new building construction of qualifying grocery stores, subject to all of the following:

Any commercial building shall be located a minimum of 15 feet from any property line that abuts a residential zone;

A decorative six foot high masonry wall shall be installed at the common property line between the commercial use and the residential zone;

A landscape buffer with a minimum depth of five feet shall be provided along the common property line between the commercial use and the residential zone; and

Drought-tolerant shade trees shall be installed at 20 foot intervals in the landscape buffer area along the common property line between the commercial use and the residential zone.

The landscape and buffer requirements listed above in subparagraph (d) may be waived for qualifying grocery store uses located in a renovated or expanded existing building under subsection (E)(2) as part of an Administrative Minor Modification.

(Ord. 2028 § 2, 2020; Ord. 2042 §§ 3, 4, 2021)