[9-21-2022 by Ord. 1782]
This Chapter sets forth additional standards for defined areas (i.e., overlay zones) that are applied in addition to allowed uses and standards provided in the base zones. An overlay zone supplements the base zone and is intended for the following purposes:
A. 
To allow more flexibility from the standard provisions of the underlying base zone;
B. 
When special provisions are needed to protect unique site features or implement location-specific provisions; and/or
C. 
To specify a particular standard for a defined area.
[9-21-2022 by Ord. 1782]
Refer to Municode Chapter 159-operative prior to October 22, 2022 and Ordinance No. 1765 for the original adoption language and subsequent amendments to the Major Music Festival Overlay Zone.
A. 
Purpose.
The purpose and objectives of the MMF Overlay Zone are to provide for the long-term permitting and regulation of Major Music Festival Event uses within the Indio Ranchos - Polo Estates Specific Plan and the adjoining properties that are within the MMF Overlay Zone district to ensure the continued viability of Major Music Festival Events in this area, the promotion of the City of Indio as an International Major Music Festival Event venue, and the continued protection of the community's health, safety and public welfare. This zone implements the Major Music Festival Overlay General Plan land use designation.
B. 
Applicability.
1. 
The Major Music Festival Overlay zone applies to all use and development of properties within the boundaries of the Indio Ranchos - Polo Estates Specific Plan and the adjoining properties, designated with an "MMF" as shown on the Official Zoning Map.
2. 
Major Music Festival Event.
A major music festival event is an event that meets the following criteria:
a. 
Includes a permitted attendance up to 125,000 people;
b. 
The event venue and Ancillary Uses encompass at least 500 acres of land located in the Festival District Subarea under the Indio General Plan and located within the Major Music Festival Event Overlay Zone;
c. 
Provides for Ancillary Uses, if any, to support the Major Music Festival Event; and
d. 
Includes up to three days of musical performances.
C. 
Allowed Uses.
1. 
Primary Uses.
Major Music Festivals, as defined by this Code, are permitted as a primary use in the MMF Overlay zone.
2. 
Ancillary Uses.
Ancillary uses allowed in the MMF Overlay zone, as defined by this Code, include uses associated with Major Music Festival Events such as parking, tent, car and/or recreational vehicle camping and associated facilities, portable lavatory facilities, temporary structures such as pavilions, tents, outdoor stages, platforms, back drops, orchestra shells, audio platforms, other temporary shelter structures or enclosures, temporary grandstands and bleachers and other similar temporary structures or infrastructure as determined by the Director.
Except as otherwise provided for by this Section, no lot, premises, building or portion thereof in the MMF Overlay Zone shall be used for any purpose except the uses permitted in the applicable base zone and/or the Indio Ranchos - Polo Estates Specific Plan.
D. 
Implementation.
Major Music Festival Events within the MMF Overlay Zone are permitted only with a development agreement and an approved Major Music Festival Event Permit.
E. 
Major Music Festival Event Permit Required.
1. 
Permit.
Major Music Festival events shall be permitted within the MMF Overlay zone, provided, however, that no Major Music Festival event shall be permitted, engaged or commenced until a Major Music Festival event permit has been issued by the City Council pursuant to Subsection H (Decision). The City Council may not permit more than five Major Music Festival events in one calendar year.
2. 
Number of Events.
A Major Music Festival event permit may permit up to five Major Music Festival Events, which may include car and/or recreational vehicle camping and any Ancillary Uses, during a single calendar year, with no more than three Major Music Festival Events occurring on consecutive weekends. The maximum term of any Major Music Festival event permit shall be no more than 37 years.
3. 
Conditions of Approval.
A Major Music Festival Event Permit shall contain any conditions of approval imposed by the City, including, but not limited to, a condition that the applicant enter into an agreement with the City for the provision and reimbursement of necessary and supplemental municipal services to ensure safety, security, and order at such events.
F. 
Application and Submittal Requirements.
An application for a Major Music Festival Event Permit shall be filed with the Community Development Department and may be made by the property owner, its authorized agent, a party to a purchase contract with the property owner or who has a contractual or other legal interest in the property, or by a party to a valid use agreement with the property owner or its agent authorizing the party to use the property for the purposes described in the Major Music Festival Event Permit application. The application shall include a description and site plan of the Major Music Festival Event venue and Ancillary Uses, including proposed temporary structures; the requested number of years covered by the permit; the number of proposed Major Music Festival events per year; the approximate time of year when each of the Major Music Festival event or events will be held; the proposed maximum all-inclusive attendance; the proposed maximum number of vehicles (car and recreational) authorized for camping; the proposed hours of operation; proposed alcohol service and "beer garden" plan if required by the Alcoholic Beverage Control (ABC); and a description of any proposed operational plans and other information as may be reasonably required by the Director to evaluate the application and recommend conditions of approval.
G. 
Annual Implementation Plan.
After the issuance of a Major Music Festival Event Permit, the permittee shall annually submit an implementation plan including the site plan, proposed temporary structures, time of year when the events are to be held and operational plans for the upcoming year for review and approval by the City Manager, in consultation with the Director and Community Services Manager. Approval of the annual implementation plan by the City Manager shall be administrative provided that the implementation plan is consistent with the Major Music Festival Event Permit and conditions of approval and shall not require an amendment to the Major Music Festival Event Permit. If the permitee does not propose any changes in the annual implementation plan from the prior year, the permittee may instead submit a letter to that effect in satisfaction of this requirement.
H. 
Decision.
The City Council may approve an application for a Major Music Festival Event Permit for a term of up to 37 years if the application meets the requirements of this Section and upon the approval of a development agreement as required by Subsection D. The City Council may impose conditions on the Major Music Festival Event Permit which are necessary to preserve the public health, welfare, or safety, including conditions to ensure that the Major Music Festival events will not be materially injurious to properties or improvements in the vicinity when balanced with the temporary nature of the events.
[9-21-2022 by Ord. 1782]
A. 
Purpose and Intent.
The Resource Management and Open Space (R-OS) Overlay zone provides an overlay for areas consistent with the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP) to protect open space and natural resource areas of the city. It is intended for passive recreation, trails/paths, restoration, ecotourism, environmental educational, and similar activities. This zone implements the Resource Management and Open Space Overlay General Plan land use designation.
B. 
Applicability.
The Resource Management and Open Space Overlay zone shall apply to the areas designated with an "R-OS" as shown on the Citywide Zoning Map.
C. 
Allowed Uses and Development Standards.
Allowed land use and development regulations shall be consistent with the regulations for the underlying base zone in which the parcel is located and any relevant provisions in the CVMSHCP.
[9-21-2022 by Ord. 1782]
A. 
Purpose and Intent.
The Planned Development Overlay (PD) zone applies to areas of the City appropriate for a flexible and creative design approach to development, which allows the development of diverse and varied uses and development that may not comply with all of the base zone regulations and otherwise applicable standards of this Code, but for which the application of site-specific regulations and standards is appropriate to promote the orderly growth of Indio consistent with the General Plan. The overlay provides for one or more properties to be developed under a plan that provides for better coordinated development, and incorporates development standards crafted to respond to specific site conditions. To adopt a Planned Development, the procedures established in Section 6.05.01 (Planned Developments) must be followed. Once established, the PD becomes, in effect, the zoning for the area within its respective boundaries.
B. 
Applicability.
Once established through the Planned Development (PD) Permit/Plan process, the Planned Development Overlay zone shall apply to the areas designated with a "-PD" as shown on the Citywide Zoning Map, followed by the number of the Planned Development.
C. 
Allowed Uses.
The PD Overlay Zone allows any permitted or conditional use consistent with the base zone.
D. 
Development Regulations.
1. 
Minimum Area.
The minimum area of a PD Overlay Zone shall be 10 acres; however, the City Council may approve a smaller area if it finds that a PD would provide greater benefits to the general welfare of the Indio residents and property owners than development under conventional zoning because of unique characteristics of the site or the proposed use.
2. 
Residential Unit Density.
Except where a density bonus is granted in compliance with Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing) the total number of dwelling units in a PD Overlay zone shall not exceed the maximum number permitted by the General Plan density for the total area of the planned development designated for residential use, excluding areas devoted to public and private streets.
3. 
Performance Standards.
The Performance Standards prescribed by Chapter 3.04 (Performance Standards) apply.
4. 
Other Development Standards.
Other development standards shall be as prescribed by an approved PD Permit/Plan. Where the PD Permit/Plan is silent regarding particular development standards, the development standards of the applicable base zone shall apply.
E. 
Procedures.
See Section 6.05.01 (Planned Developments) for procedures for the PD zoning process.