City of Indio, CA CHAPTER 4.27 TEMPORARY USES

§ 4.27.01 Purpose and Applicability.

[9-21-2022 by Ord. 1782]

The purpose of this Chapter to regulate certain land uses that are intended for a limited duration of time and to ensure they do not pose a significant threat to the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize adverse effects on surrounding properties and the environment.

§ 4.27.02 Temporary Uses Not Requiring a Temporary Use Permit.

[9-21-2022 by Ord. 1782]

The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as a Building Permit, may be required.

A. 

Garage Sales.

1. Garage sales of personal property may be conducted by a resident of the premises subject to the requirements for a Garage Sale Permit as regulated by Chapter 122 (Garage Sale Permits) of the Indio Municipal Code.

B. 

Indoor Entertainment.

1. Indoor amplified music performances accessory to a commercial use is allowed per Article 2 (Zone Regulations) and provided the temporary use complies with the Performance Standards of Chapter 3.04 (Performance Standards).

C. 

Seasonal Sales.

1. Examples of seasonal sales include Christmas tree lots, pumpkin patches, etc.

2. Building Official approval for all temporary electrical service is required prior to establishing the seasonal sale.

3. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31^st.

4. All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.

5. The provisions of this Section do not apply to the sale and display of fireworks. Refer to Chapter 101 (Safe and Sane Fireworks) of the Indio Municipal Code.

D. 

Temporary Buildings or Storage Facilities (Accessory).

This section applies to storage containers or other temporary buildings for the temporary storage of goods.

1. An application shall be made no less than 15 days prior to the date of commencement of the proposed use.

2. Building Official approval is required.

3. The use shall be discontinued upon completion of the project.

E. 

Temporary Real Estate Sales Office.

The structure shall comply with all standards for temporary buildings or storage facilities in this Code and the Building Code, in addition to the following standard:

1. No more than one temporary real estate office may be located on any new subdivision in any zone.

2. The temporary real estate office to be erected is only for use in the sale of homes or parcels within the subdivision in which it is located.

3. Temporary real estate sales offices may be conducted by a resident of the premises subject to the requirements for a Model Home Sales Complex Permit as regulated by Section 151.190 (Model Home Sales Complex Permit Established) of the Indio Municipal Code and subsequent Sections.

F. 

Vehicle Washing and Detailing.

1. Auto and vehicle washing and detailing shall be sponsored by a non-profit organization.

2. The duration of use shall not exceed two days.

3. There shall be a minimum of 30 days between events.

4. No more than one sign shall be allowed on the parcel and the sign shall not exceed six square feet.

5. All water run-off shall be maintained on the parcel.

§ 4.27.03 Temporary Uses Requiring a Temporary Use Permit.

[9-21-2022 by Ord. 1782]

A. A Temporary Use Permit (see Section 6.04.05 (Temporary Use Permit)) shall be required prior to establishing, commencing, or engaging in any of the temporary uses specified in Section 4.27.04 (Allowed Temporary Uses and Associated Standards) and Article 2 (Zone Regulations).

B. A Temporary Use Permit provides a process for administrative review for short-term activities that may not meet normal development or use standards of the applicable zone but may be acceptable because of their temporary nature. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

C. In addition to any other conditions imposed by the Director for the temporary use, the standards for height, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zone of the subject parcel shall also apply to all temporary activities.

§ 4.27.04 Allowed Temporary Uses and Associated Standards.

[9-21-2022 by Ord. 1782]

A. 

Off-Site Auto and RV Sales.

1. No more than six off-site auto sales events may be held within a 12-month period.

2. The duration of each off-site auto sales event shall not exceed seven consecutive days, including set up and break down.

3. There shall be a minimum of 30 days between each off-site auto sales event.

4. Canopies shall be adequately braced and anchored to prevent weather-related collapse and must be in good condition. Weathered or dilapidated canopies shall not be used.

5. Off-site auto sales shall not restrict or impair the public's view of another business or activity, the public's view of the signage for another business or activity, and the points of ingress and egress to the site.

6. A new temporary permit is required for each off-site auto sales event.

B. 

Live Entertainment — Outdoors (Accessory).

1. Entertainment uses are allowed subject to Article 2 (Zone Regulations). A Temporary Use Permit is required for events with a duration of two days or less.

2. An application for a Temporary Use Permit shall be made no less than 30 days prior to the date of commencement of the entertainment event.

3. The duration of use shall not exceed two days.

4. There shall be a minimum of 30 days between events.

5. Events lasting more than two days or occurring more frequently than every 30 days shall require review and approval per Article 2 (Zone Regulations) and may require an Entertainment Permit issued by the Police Department per Chapter 113 (Entertainment Permits) of the Indio Municipal Code.

6. Live entertainment events requiring a Temporary Use Permit pursuant to this Chapter are prohibited within 1,000 feet of a Major Music Festival Event, as defined under Section 2.07.02 (Major Music Festival Overlay Zone (MMF)).

7. Certification of the safety of rides and all pertinent equipment for carnivals, circuses, or similar events, shall be made by a professional engineer registered in the State of California, with such certification being given to the Director prior to the commencement of use of the equipment.

8. The Director may permit subject to approval of a Temporary Use Permit (see Section 6.04.05 (Temporary Use Permits)) a special event such as, but not limited to, the following types of events: sporting and athletic events, street fairs, social events such as large weddings, picnics, or fireworks displays which by their nature are non-recurring, occurring on improved or unimproved property, which requires regulation because it may, among other things:

a. Involve the potential for a substantial number of participants or spectators;

b. Require the provision of public services for street blockage, erecting barriers, traffic control or crowd control;

c. Require portable restrooms and electrical connections; or

d. Require the use of flammable materials.

C. 

Swap Meet, Outdoor.

1. Outdoor swap meets, farmers markets, and the like are allowed subject to Article 2 (Zone Regulations).

2. An application for a swap meet on private property shall be made no less than seven days prior to the date of commencement of the proposed use.

3. Sales shall be sponsored by one or more merchants or by a non-profit organization.

4. The duration and frequency of the use shall be allowed as determined by the Director.

D. 

Temporary Campground.

Temporary campgrounds may be allowed on private or public property subject to Article 2 (Zone Regulations). A Temporary Use Permit is required, subject to the following conditions and standards:

1. A temporary campground shall be allowed for no more than 21 days in any one calendar year.

2. A minimum of 10 feet between vehicles or trailers shall be required.

3. Aisle ways shall be a minimum of 24 feet in width.

4. Toilets, if provided, shall be allowed at a rate of no more than one per 15 spaces and shall be emptied daily by an approved method.

5. Fire hydrants shall be no more than 500 feet from any space.

6. Electrical, sewer, and water hookups shall be prohibited. Provisions for solid waste and recycling collection shall be made.