[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to establish allowed land uses and corresponding requirements for permits and entitlements for each of the City's base and overlay zones. Uses allowed herein are consistent with and implement the corresponding land use designations in the Indio General Plan. Allowed land uses include both primary and accessory uses that are permanent in nature. Regulations for temporary uses are listed separately in Chapter 4.27 (Temporary Uses).
[9-21-2022 by Ord. 1782]
All land uses shall conform to the purpose and intent of the applicable zone, and shall comply with the following.
A. 
Special Use Regulations.
Additional use regulations for special land uses are listed in Article 4 (Regulations for Specific Uses).
B. 
Special Planning Areas.
Special Planning Areas include areas of the city with adopted planning documents for development within each respective project area (e.g., specific plans, planned developments, master plans). These Special Planning Area documents establish land use and/or development regulations that are unique to the particular project area. When a property is located within a Special Planning Area, the allowed use provisions of that Special Planning Area document shall govern. If a planning document refers back to, utilizes, or defers to one or more of the City's base zones, the allowed use provisions in those base zones shall apply. If a planning document (Specific Plan, Project Master Plan, Development Agreement) refers back to, utilizes, or defers to the zoning in effect at the time of its adoption, refer to Municode Chapter 159 - operative prior to October 22, 2022. If there are any conflicts between a base zone and a Special Planning Area document, the Special Planning Area document shall control.
C. 
Overlay Zones.
When a property is located within an overlay zone, the allowed use provisions of that overlay zone shall control. When an overlay zone is silent on allowed use provisions, it defers to the allowed use provisions of the base zone. Only where there is a conflict between two regulations will the overlay zone provisions control.
D. 
Bermuda Dunes Airport Compatibility Zones.
The City of Indio does not directly regulate the Bermuda Dunes Airport Land Use Compatibility Plan, as this is the responsibility of the Riverside County Airport Land Use Commission and its Staff. However, for properties affected by this Plan, densities, intensities, and prohibited uses shall be consistent with criteria of the Bermuda Dunes Airport Land Use Compatibility Plan, including applicable County-wide criteria as may exist at the time of project review. If the project is located in the Bermuda Dunes Airport Compatibility zones, a project proponent is responsible for coordinating with Indio City Staff and Airport Land Use Commission Staff, as appropriate.
E. 
Unlisted or Similar Compatible Uses.
If a use is not specifically listed, or if the use is not substantially similar to a use classification provided in this Code, the use shall not be allowed. When a use is not specifically listed in this title, the use may be permitted if the Director determines that the use is substantially similar to other uses when all the following findings are made by the Director in writing:
1. 
The characteristics of, and activities associated with, the proposed use are equivalent to and comparable to one or more of the listed permitted uses, and will not involve a higher level of activity or density than the uses permitted in the applicable zoning district.
2. 
The proposed use is substantially similar to a listed permitted use.
3. 
The proposed use is compatible with the purpose and intent of the applicable zone.
4. 
The proposed use has a similar degree of traffic, noise, light, odor, and other operational impacts as a listed permitted use.
5. 
The operation of the proposed use will not be detrimental to existing uses in the area of influence.
Decisions of the Director may be appealed as described in Section 6.03.13 (Appeals).
F. 
Unlisted Standards and Permit Requirements.
When the Director makes the Subsection D findings in writing, the proposed use will be treated in the same regulatory manner as the zone listed use for allowable location(s), permits required, and all other applicable standards and requirements of this Code.
G. 
Illegal Uses.
No use that is illegal under local, State, or Federal law shall be allowed in any zone within the city.
H. 
Prohibited Uses.
No operations conducted on any property shall create objectionable and/or obnoxious dust, light, matter, mud, noise, odor, refuse, smoke, steam, vibration, maintenance needs of grounds or buildings, or other nuisance(s). No land use shall be detrimental to the health and welfare of the Indio community. For the purposes of public health, safety, and general welfare, land uses listed in Table 2.01.02-1 are prohibited in any zone in the city, and are not subject to the Director's discretion. Full provision is made for all types of uses necessary for industrial development within the city, and thus the following uses, because of their nuisance and hazard characteristics if permitted within the developed area of Indio, would defeat the basic purposes of zoning.
TABLE 2.01.02-1: Prohibited Land Uses
Prohibited Land Uses
Manufacture of Nitrocellulose Products
Rendering Plant
Dead Animal Reduction or Dumping Slaughterhouse
Distillation of Bones
Smelting
Garbage Processing
Gas Manufacture
Glue Manufacture
Tannery
Explosives Manufacture/Storage
Unlawful Use based on State, Federal, or other regulations
[9-21-2022 by Ord. 1782]
A. 
The land use permissions, as established by zone per Tables 2.02.02-1, 2.03.02-1, 2.04.02-1, and 2.05.02-1 in this Chapter, shall be applicable to all new uses, structures, and activities within the identified zone. See Chapter 6.07 (Nonconforming Provisions) for regulations and standards for existing non-conforming uses.
B. 
Prior to the establishment of any land use identified in the land use permissions tables of this Chapter, the applicant shall obtain all necessary approvals and permits in compliance with all applicable requirements of this Code. Chapter 6.04 (Permits and Approvals) identifies the requirements of development proposals, and procedures and processing requirements for administrative and discretionary permit applications.
C. 
Land uses listed in the land use permissions tables and throughout this Code have been grouped into general categories based on common function, product, or compatibility characteristics. These use categories are called use classifications. The classifications are listed in alphabetical order in the use tables. Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may be appropriate within the classification. For that reason, the City has established a similar use determination process as described in Section 2.01.04. Each land use is described in Article 7 (Definitions). For example, personal service use includes a wide range of individual personal service uses (beauty parlor, dry cleaning, tanning salons, tailors).
D. 
Any one or more land uses allowed per the land use permissions tables in this Chapter may be established on any lot within the zone, subject to the planning permit requirement listed in the tables, and in compliance with all applicable requirements of this Code. Accessory uses are allowed only in conjunction with a primary use to which the accessory use relates, or as specified in the tables.
E. 
Where a single parcel is proposed for development with two or more of the land uses listed in the table at the same time, the overall project will be subject to the permit type requiring the highest level of review required by the table for any individual use. However, all applicable fees shall be paid for one or more permit types.
F. 
In addition to the regulations and development standards of the applicable zone, all land uses are subject to the specific use standards identified in the "Additional Use Regulations" column of the allowed use tables. Refer to the referenced Sections for additional operational standards and regulations applicable to the use.
[9-21-2022 by Ord. 1782]
Allowed uses by zone and corresponding requirements for entitlements are listed in Tables 2.02.02-1, 2.03.02-1, 2.04.02-1, and 2.05.02-1 for all of the city's base zones. Generally, a use is either allowed by right, allowed through issuance of a permit, or not allowed. In addition to the requirements for planning entitlements of this Code, other permits may be required prior to establishment of the use (e.g., building permit or permits required by other agencies). The requirements for planning entitlements include:
A. 
Permitted (P).
A land use shown with a "P" indicates that the land use is permitted by right in the designated zone, subject to compliance with all applicable provisions of this Code (e.g., development standards), as well as State and Federal law.
B. 
Accessory Use (A).
A land use shown with "A" indicates that the land use is permitted only as a secondary use in conjunction with a primary use, subject to compliance with all applicable provisions of this Code (e.g., development standards), as well as State and Federal law.
C. 
Administrative Use Permit (AUP) Required.
A land use shown with "AUP" indicates that the land use is permitted in the designated zone upon issuance of an administrative use permit from the designated approving authority, subject to compliance with all applicable provisions of this Code (e.g., development standards), as well as State and Federal law.
D. 
Conditional Use Permit (CUP) Required.
A land use shown with "CUP" indicates that the land use is permitted in the designated zone upon issuance of a conditional use permit from the designated approving authority, subject to compliance with all applicable provisions of this Code (e.g., development standards), as well as State and Federal law.
E. 
Not Permitted (X).
A land use shown with an "X" in the table is not allowed in the applicable zone.
F. 
Temporary Uses (TUP).
On occasion, property will be used for an event, activity, or use on a short-term basis. Such use is considered a temporary use. A land use shown with "TUP" indicates that the land use is permitted as a temporary use in conjunction with the issuance of a temporary use permit in accordance with Section 6.04.05 (Temporary Use Permits). Chapter 4.27 (Temporary Uses) provides the regulations for these uses, including development standards and time limits.