Chapter 21.48 — TELECOMMUNICATIONS OVERLAY DEVELOPMENT STANDARDS

This Chapter contains the development standards and regulations for the Telecommunications Overlay established by the City. (Ord. 511, 2002)

The purpose of this overlay is to regulate the construction, placement, and modification of wireless communication facilities; to allow the providers of wireless communications services to provide such services to the community effectively and efficiently while minimizing the total number and overall impact of additional towers; to encourage collocation, the use of attached facilities, and the use of appropriate public and semi-public properties where possible; to require designs and parameters compatible with adjacent land uses; to promote long-range planning and cooperation between property owners, the wireless communications services providers and the City; and to protect the public health, safety, and general welfare of the community.

The City shall utilize the Telecommunications Overlay Zone to encourage new commercial antennas and wireless communication facilities to locate in the Resort Commercial (RC) and Sports Complex (SPX) zones. These two zones offer the telecommunications industry opportunities for new commercial antennas and wireless communication facilities to be developed that meet the needs of the industry while, at the same time, maintaining the aesthetic standards of the City.

The Telecommunications Overlay shall apply to the Sports Complex Zone (Chapter 31.35) and the Resort Commercial Zone (Chapter 21.34 )

The standards and regulations of the Telecommunications Overlay shall apply to new commercial antennas and wireless communication facilities that are proposed within the Sports Complex and the Resort Commercial Zones.

New commercial antennas and wireless communication facilities subject to the Telecommunications Overlay are provided with a two-track review and approval process depending upon the nature of the proposal: administrative review and the full public review.

• (a) Administrative Review. Commercial antenna and wireless communication facilities that comply with the development standards specified in Sections 21.48.060 or 21.48.070 , are subject to the

Administrative Review Process noted in Section 21.90.060(d)(3) .

• (b) Full Public Review. Commercial antenna and wireless communication facilities that do not comply with the standards set forth in Sections 21.48.060 or 21.48.070 or are proposed to exceed the height standards shall be required to obtain a Conditional Use Permit, per Section 21.06.040(a) .

• (c) Submittal Requirements. Shall be the same as specified in Section 21.90.060 of the Antenna Ordinance.

The goals of the Sports Complex Overlay Zone are to: 1) encourage the placement of commercial antennas and wireless communications facilities within the Sports Complex Zone (SPX) by establishing certain location, siting and design standards; 2) require commercial antennas and wireless communication facilities to be sited in a manner that eliminates to the greatest extent possible, the visual impact of these facilities; 3) promote wireless communications facilities that are compatible with surrounding land uses, 4) protect the beauty of the natural environment by eliminating the potential visual blight of wireless communication facilities to the greatest extent possible; and 5) safeguard the health, safety, general welfare, and property values of the community.

Commercial antenna and wireless communication facilities are encouraged to locate within the Sports Complex Zone because there are opportunities to design and develop communications facilities that can be incorporated into or designed to blend in with existing facilities of the Tennis Garden and meet both the technical requirements of the telecommunications industry and the aesthetic values of the City of Indian Wells.

• (a) Height. The height of freestanding commercial antenna and wireless communications facilities and extendible towers in the Sports Complex Zone (SPX) shall not exceed the stadium height (fifty-four (54) feet six (6) inches) unless the wireless communication facility is designed to be an integral part of the structure. If the communication facility (tower) is designed as part of the stadium, then the facility could be allowed to extend to a maximum height of ninety-three (93) feet subject to the provisions in Section 21.48.060 (b)

  • (1) The height of freestanding commercial antenna and wireless communications facilities shall be measured as prescribed in Section 21.90.060(e)(3)(ii) of the Antenna Ordinance.

  • (2) Commercial antennas and wireless communication facilities that are proposed to be colocated may exceed the height limit set forth in Section 21.48.060(a) by fifteen (15) feet as prescribed in Section 21.90.060(e)(3)(iii) of the Antenna Ordinance.

• (b) Exception to Height Standards. Commercial antennas and wireless communication facilities may exceed the maximum height standards set forth in Section 21.48.060(a) under the following conditions:

  • (i) The Applicant provides substantial evidence that there are no existing structures or freestanding wireless communication facilities within the geographic area of sufficient height to meet Applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost; and

  • (ii) The Applicant provides substantial evidence that the extra height is necessary to avoid electromagnetic interference with other structures including existing wireless communications facilities within the geographic area; and

• (iii) The Applicant provides written documentation, to the satisfaction of the Planning Commission/City Council, that the extra height is necessary to allow for future rearrangement of antennas and/or to accept additional antennas of other service providers; and

  • (iv) The Applicant's proposal complies with the design standards set forth in Section 21.48.060(d) .

  • (v) Any application to exceed the height standards set forth in Section 21.48.060 (a) shall apply for a Conditional Use Permit with a full public review process per Section 21.48.050 (b) of the Antenna Ordinance. Such applications shall only be approved after full public review and findings of fact based on the following criteria:

    • (1) Based on an independent analysis paid for by the applicant and approved by the City by a radio frequency engineer, that there is no service in the proposed coverage area or the existing service is substantially inferior to other areas of the City and it is not technically feasible to provide service to the same coverage area from another location outside the Sports Complex Zone (SPX)

    • (2) Denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of State or Federal law. The Applicant shall have the burden of proving that the denial would result in such a violation.

• (c) Setbacks. Commercial antennas and wireless communication facilities shall comply with the setbacks prescribed in the base-zoning district, except as described in Section 21.90.060(e)(2) of the Antenna Ordinance.

• (d) Design Standards. In addition to the requirements of Section 21.90.060(e)(4) of the Antenna Ordinance, the following standards shall apply:

  • (1) The Applicant's proposal cannot easily be distinguished as an commercial antenna and wireless communication facility and is disguised in a manner so it enhances the property and community, such as a flagpole, light standard, realistic grouping of palm trees, clock tower, or public art.

  • (2) Freestanding commercial antenna and wireless communication facilities that are proposed to either replace or be incorporated onto existing light standards shall, to the greatest extent possible, mimic the height, width, color, finish, material, density and look of the existing light standards.

• (3) All freestanding commercial antenna and wireless communication facilities shall be required as part of the conditions of approval for Conditional Use Permits to cooperate with other service providers in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where found to be feasible and aesthetically desirable. The Applicant shall provide a notarized Statement as to whether construction of their proposed freestanding commercial antenna will accommodate co-location of additional antennas for future users and if not why it will not. In the event co-location is represented to be not feasible, the City may retain a technical expert in the field of RF engineering to verify if colocation at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant.

  • (4) The Applicant's proposal is hidden from public view or designed to blend with existing structures in a manner so that it cannot easily be distinguished as a commercial antenna and wireless communication facility, such as a facade mounted antenna, chimney, building extension, or parapet addition.

The goals of the Resort Commercial Overlay Zone are to: 1) encourage the placement of commercial antennas and wireless communications facilities within the Resort Commercial Zone (RC) by establishing certain location, siting and design standards; 2) require commercial antennas and wireless communication facilities to be sited in a manner that eliminates to the greatest extent possible, the

visual impact of these facilities; 3) promote wireless communications facilities that are compatible with surrounding land uses, 4) protect the beauty of the natural environment by eliminating the potential visual blight of wireless communication facilities to the greatest extent possible; and 5) safeguard the health, safety, general welfare, and property values of the community.

Commercial antenna and wireless communication facilities are encouraged to locate within the Resort Commercial Zone because there are opportunities to design and develop communications facilities that can be incorporated into or designed to blend in with the resort and meet both the technical requirements of the telecommunications industry and the aesthetic values of the City of Indian Wells.

• (a) Location. It is the intent of the Resort Commercial Telecommunications Overlay Zone to encourage new telecommunication facilities to locate on and integrate with the resort structures in order to take advantage of the heights these structures provide and minimize aesthetic impacts. As such, the following review processes shall apply in the Resort Commercial Zone:

  • (1) Commercial antenna and wireless communications facilities that comply with the following shall be subject to the Administrative Review process, as described in Section 21.90.060(d) (3) :

    • (i) Commercial antenna and wireless communications facilities that are located on, integrated with the design and style, and that comply with the height requirements of the resort structure on which it is located,

    • (ii) Freestanding commercial antenna and wireless communications facilities that are camouflaged so that they cannot be recognized as a communications facility and are designed to blend with the adjacent surroundings or to be a visual amenity, such as a clock tower or public art.

  • (2) Commercial antenna and wireless communications facilities that do not meet the criteria specified in Section 21.48.070(a)(1) shall be subject to the Full Public Review process, as described in Section 21.06.040 .

• (b) Height. Commercial antenna and wireless communications facilities shall not exceed the maximum height of the resort where the facility is located in the Resort Commercial (RC) Zone, unless as prescribed in Section 21.48.070(c) . The height of commercial antenna and wireless communications facilities shall be measured as prescribed in Section 21.90.060(e)(3)(ii) of the Antenna Ordinance.

• (c) Exception to Height Standards. Commercial antennas and wireless communication facilities may exceed the maximum height standards set forth in Section 21.48.070 (a) under the following conditions:

• (1) The applicant shall provide plans that substantially screen the proposed facility from view of surrounding properties and the public view or co-located with existing facilities or structures so as not to create substantial visual, noise or thermal impacts and will be consistent with the character of the surrounding development; and

  • (2) The Applicant provides substantial evidence that there are no existing structures or freestanding wireless communication facilities within the geographic area of sufficient height to meet Applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost; and

  • (3) The Applicant provides substantial evidence that the extra height is necessary to avoid electromagnetic interference with other structures including existing wireless communications facilities within the geographic area; and

  • (4) The Applicant provides written documentation, to the satisfaction of the Planning Commission/City Council, that the extra height is necessary to allow for future rearrangement of antennas and/or to accept additional antennas of other service providers; and

  • (5) The Applicant's proposal complies with the design standards set forth in Section 21.48.070(e) .

  • (6) Any application to exceed the height standards set forth in Section 21.48.070(b) shall apply for a Conditional Use Permit with a full public review process per Section 21.48.050(b) of the Antenna Ordinance. Such applications shall only be approved after full public review and findings of fact based on the following criteria:

    • (i) Based on an independent analysis paid for by the applicant and approved by the City by a radio frequency engineer, that there is no service in the proposed coverage area or the existing service is substantially inferior to other areas of the City and it is not technically feasible to provide service to the same coverage area from another location outside the Resort Commercial Zone (RC).

    • (ii) Denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of State or Federal law. The Applicant shall have the burden of proving that the denial would result in such a violation.

• (d) Setbacks. Commercial antennas and wireless communication facilities shall comply with the setbacks prescribed in the base zoning district except as described in Section 21.90.060(e)(2) of the Antenna Ordinance.

• (e) Design Standards. In addition to the requirements of Section 21.90.060(e)(4) of the Antenna Ordinance, the following standards shall apply:

  • (1) Building mounted antennas and any ancillary equipment shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. Screening may include designs such as locating the facility within attics, steeples, towers, behind and below parapets, or concealed within a new architectural addition to a building or structure which is architecturally compatible with the building.

nd any ancillary equipment shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. Screening may include designs such as locating the facility within attics, steeples, towers, behind and below parapets, or concealed within a new architectural addition to a building or structure which is architecturally compatible with the building.

• (2) When viewed directly against a building wall, colors and materials of the antennas shall match the existing building. Antennas attached to the building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color.

• (3) Roof mounted equipment and antennas shall be located as far away as feasible and aesthetically desirable from the edge of the building. All commercial antenna and wireless communication facilities that are visible at five (5) feet above ground level, three hundred (300) feet from the base of the building shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment unless evidence, acceptable to the Planning Commission shows that such camouflaging is infeasible.

• (4) Building mounted antenna and any ancillary equipment should avoid any unreasonable interference with views from neighboring properties.

• (Ord. No. 511 § 3, 2002)

The goals of allowing the placement of wireless facilities within a gated community are to improve wireless communication coverage and capacity to the residents of Indian Wells. The intention is to: 1) require commercial antennas and wireless communication facilities to be sited in a manner that minimizes the visual impact of these facilities, 2) promote wireless communications facilities that are compatible with surrounding land uses, 3) protect the beauty of the natural environment by minimizing the potential visual blight of wireless communication facilities to the greatest extent possible, and 4) safeguard the health, safety, general welfare, and property values of the community.

Commercial antenna and wireless communication facilities are encouraged to locate within a clubhouse facility that can be designed to blend in with the buildings to meet both the technical requirements of the telecommunications industry and the aesthetic values of the community.

• (a) Location. It is the intent of the Residential Very Low Density Zone with a Golf Course Overlay to allow a Telecommunications Overlay Zone that would permit new telecommunication facilities to integrate with the clubhouse structures to take advantage of the height these structures provide and to minimize aesthetic impacts. As such, the following review processes shall apply in the Residential Very Low Density Zone with a Golf Course Overlay:

  • (1) Commercial antenna and wireless communications facilities shall be subject to the Conditional Use Permit Review process, as described in Sections 21.06.040 and 21.90.060(2):

• (b) Height. Commercial antenna and wireless communications facilities shall not exceed the maximum height of the golf clubhouse where the facility is located in the Residential Very Low Density Zone with a Golf Course Overlay.

• (c) Exception to Height Standards. Commercial antennas and wireless communication facilities may exceed the maximum height standards set forth in Section 21.48.080(a) under the following conditions:

  • (1) The Applicant shall provide plans that fully screen the proposed facility from the view of surrounding properties and the public view unless it is co-located with existing facilities or structures. The communication facilities shall not create substantial visual, noise or thermal impacts and must be consistent with the character of the surrounding development, and;

  • (2) The Applicant provides substantial evidence that there are no existing structures or freestanding wireless communication facilities within the geographic area of sufficient height to meet the Applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost, and;

  • (3) The Applicant provides substantial evidence that the extra height is necessary to avoid electromagnetic interference with other structures including existing wireless communications facilities within the geographic area, and;

• (4) The Applicant provides written documentation, to the satisfaction of the Planning Commission/City Council, that the extra height is necessary to allow for future rearrangement of antennas and/or to accept additional antennas of other service providers, and;

The Applicant's proposal complies with the design standards set forth in Section 21.48.080(e) and that the extended height shall integrate into the existing club house architecture so as not to appear as an addition to the structure.

• (d) Setbacks. Commercial antennas and wireless communication facilities shall comply with the setbacks prescribed in the base-zoning district except as described in Section 21.90.060(2) of the Antenna Ordinance.

• (e) Design Standards. In addition to the requirements of Section 21.90.060(4) of the Antenna Ordinance, the following standards shall apply:

  • (1) Building mounted antennas and any ancillary equipment shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. Screening may include designs such as locating the facility within attics, steeples, towers, behind and below parapets, or concealed within a new architectural addition to a building or structure which is architecturally compatible with the building.

  • (2) When viewed directly against a building wall, colors and materials of the antennas shall match the existing building. Antennas attached to the building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color.

• (3) Roof-mounted equipment and antennas shall be located as far away as feasible and aesthetically desirable from the edge of the building. All commercial antenna and wireless communication facilities that are visible at five (5) feet above ground level, three hundred (300) feet from the base of the building shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment unless evidence, acceptable to the Planning Commission shows that such camouflaging is infeasible. All such roof-mounted equipment must be architecturally compatible with the building.

• (4) Building mounted antenna and any ancillary equipment shall not interfere with views from neighboring properties.

Antenna and Wireless Communication Facilities

All commercial antenna and wireless communication facilities must be designed and located to minimize their visibility to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage.

Based on potential aesthetic impact, the order of preference for facility type is: façade mounted, roof mounted, ground mounted, and freestanding tower. Below are examples of acceptable and unacceptable building and roof treatments.

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Photos courtesy of Stealth Network Technologies, Inc.

Bell tower Flag pole Roof mounted flag pole Examples of acceptable disguised towers

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Facade mounted antennas

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Chimneys

Examples of acceptable building treatments

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Louvers on façade Custom steeple

Cross

Examples of acceptable building treatments

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Roof mounted antenna Examples of acceptable roof treatments

The City's Antenna Ordinance contains specific standards regarding the location and design of commercial antenna and wireless communication facilities within the City of Indian Wells. Specific questions regarding these standards should be directed to a Planning Department representative.

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Parapet addition
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Roof mounted antenna
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Roof mounted antenna

Photos courtesy of Stealth Network Technologies, Inc.

Examples of unacceptable roof treatments

(Ord. 525 § 1, 2002)

Chapter 21.50. WALLS, FENCES AND LANDSCAPING

§ 21.50.010. Purpose.

This Chapter is intended to provide for the regulation and height for walls and fences so as to permit the maximum of enjoyment, enhancement, and use of property and for the maximum of safety and general open street appearance for persons using sidewalks and streets related thereto. (Ord. 387 § 1, 1996)

An adequate fence or wall may be required along the perimeter of any area which, by reason of the conditions on the property or physical hazards, such as frequent inundation, erosion, excavation, or grade differential, are considered by the Director of Community Development to be dangerous. (Ord. 387 § 1, 1996)

Chainlink or a material approved by the Community Development Director is required for temporary construction and security fencing for all construction sites, unless waived by the Community Development Director. A tan or green mesh material is required to be installed along the chainlink fence as a decorative and protective barrier. Permanent security fencing is not allowed unless approved by a conditional use permit.

(Ord. 387 § 1, 1996; Ord. 600 § 1, 2007)

The following regulations shall apply to the intersection of streets:

• (a) Corner Cutback Area. There shall be no visible obstructions as defined in this Chapter within the corner cutback area. The corner cutback area is defined as the triangle area created by a diagonal line connecting two (2) points equal distance from the corner on the intersecting curb line at a distance measured forty (40) feet back from the intersection of the prolongation of the front and sides curb lines.

• (b) Visual Obstructions. In the corner cutback area, visual obstructions are defined as any wall, fence, obstacle, mature landscaping or thing allowed, installed, set out or maintained which exceeds a height of three feet above the nearest pavement surface or to the existing traveled roadway where there is no pavement.

• (c) Exceptions. Visual obstructions shall not include existing or future permanent buildings, which are otherwise constructed or maintained in accordance with applicable zoning and building regulations; public utility poles, trees trimmed at the trunk at least eight (8) feet above the level of the reference point as defined herein provided trees are spaced so that trunks do not create a visual barrier, and official traffic or other governmental signs.

• (Ord. 387 § 1, 1996; Ord. 489 § 2, 2001)

• (a) Side and Rear Yards. Except as otherwise provided in this Section, a masonry block wall or fence may be provided along property lines to enclose side and rear yards.

  • (1) Wall or Fence Height. Walls or fences shall not exceed a maximum height of six (6) feet unless approved pursuant to Section 21.06.050 of this Zoning Code. The height of any wall or fence within a side and rear yard shall be measured from the finished grade at the base of the wall or fence. If fill is backed up against a wall or fence, the top of the fill shall establish the finished grade for the purpose of computing permitted wall or fence height.

  • (2) Required Screening Walls. There shall be a masonry block wall or fence of sufficient height around any trash area, air conditioning compressor, swimming pool or therapy pool equipment, or any exposed equipment and/or tanks to effectively screen such equipment from view off-site.

  • (3) Prohibitions. There shall be no walls or fences permitted along the rear lot line and side lot line within the rear yard setback of a lot that abuts a golf course fairway (fairway lot) unless approved pursuant to Section 21.06.050 of this Zoning Code.

• (b) Front Yards. No walls or fences shall be permitted in the first ten (10) feet on any front and side front (side street) building setback area. Planters, fountains and similar architectural amenities may be located within ten (10) feet of the front property line but shall not exceed three (3) feet in height. Mailbox stands, lights and other such isolated structures may be located within ten (10) feet of the front property line but shall not exceed five (5) feet in height nor shall they exceed eighteen (18) inches in width or depth. No walls or fences exceeding five (5) feet in height shall be permitted in the second ten (10) feet of any front and side front (side street) building setback area. Walls located in the side yard adjacent to a public rights-of-way outside of the required front yard set back area shall be a maximum of six (6) feet in height. The height of any walls or fences permitted in the front and side building setback area shall be measured from the grade at the location the wall is constructed. Notwithstanding any restrictions mentioned in this situation, walls and fences in any required setback area may not exceed six (6) feet in height, unless approved pursuant to Section 21.06.050 of this Zoning Code.

• (c) Existing Walls and Fences. Notwithstanding the above provisions, pre-existing nonconforming walls and fences shall be permitted to remain unless or until twenty-five (25) percent or more of said wall or fence is to be repaired, reconstructed, remodeled or replaced or is in need of repair, reconstruction, remodeling or replacement. At such time, all such pre-existing nonconforming walls and fences must be brought into compliance with Sections 21.50.040 , 21.50.050 , and/or 21.50.060 .

fences shall be permitted to remain unless or until twenty-five (25) percent or more of said wall or fence is to be repaired, reconstructed, remodeled or replaced or is in need of repair, reconstruction, remodeling or replacement. At such time, all such pre-existing nonconforming walls and fences must be brought into compliance with Sections 21.50.040 , 21.50.050 , and/or 21.50.060 .

• (d) Tennis Courts. To enclose tennis courts, otherwise permitted by this Code when constructed a minimum of six (6) feet below grade, walls may exceed six (6) feet in height provided that the height of the wall enclosing said court shall not exceed six (6) feet above surrounding grade from which the tennis courts surface elevation has been measured.

• (e) Exceptions. The foregoing provisions shall not apply to the following: (1) Permanent building existing on the effective date of the ordinance codified in this Zoning Code; (2) utility poles; (3) trees trimmed at the trunk line at least eight (8) feet above the level of the intersection; and (4) supporting members or appurtenances to permanent existing buildings protected by official warning signs or signals.

• (f) Acceptable Materials. Except as otherwise provided for in this Section, all walls and fences shall consist of masonry or similar materials. As used in this Section, similar materials are limited to those materials approved by the Planning Commission.

  • (1) Wrought Iron or Similar Material Fencing. Notwithstanding the previous Section, wrought iron or similar materials may be used as a wall or fencing material only along the rear and side lot lines within the rear yard setback of a lot that abuts a golf course fairway (fairway lot), watercourse area or common open space.

  • (2) Acceptable Tennis Court Wall or Fence Materials. Wrought iron or similar materials may be used as fencing to secure a tennis court approved in accordance with Section 21.20.120 . However, the materials shall not be used in any instance in the construction of the required screening wall and fences as specified in Section 21.20.120(c) .

• (g) Prohibited Wall and Fence Materials/Chain Link Fencing. Wood walls or fences and chain link mesh or wire walls or fences shall not be permitted except as necessary to temporarily enclose hazardous areas as defined in Section 21.50.020 or for temporary security fencing as defined in Section 21.50.030 . Barbed wire, razor wire, or similar materials shall not be used in any instance unless approved by the Community Development Director to be necessary as part of a fencing

plan pursuant to Section 21.50.020 or 21.50.030 . The above limitations shall not apply where the prohibited wall or fence material is required by a federal law, State law, or a condition of project approval.

• (h) General Wall and Fence Design Standards. Construction materials and finishing treatments of all property line walls, screen walls, garden walls, or raised planters should be selected for their compatibility with the project architecture, not detract from the overall design of the project, and be compatible with any adjoining wall(s) and/or neighboring structures.

  • (1) Additions to Existing Walls. Additions to existing walls must be compatible with the existing material and design of the wall resulting in a seamless addition to the existing wall.

  • (2) Design Enhancements for Walls. To provide design interest, the use of inset tile bands, reveals or similar such treatments is encouraged. The use of materials and finishing treatments such as slump stone or cement block with stucco, plastered, or rake finish is encouraged.

  • (3) Walls Facing Unimproved Lots. All side and rear yard property line walls facing unimproved adjacent lots must be painted or finished in a manner complimentary to the desert environment. Exposed standard gray block is prohibited.

• (4) Dual Property Line Walls. Dual side and rear yard property line walls are prohibited, unless approved or required by the City's Engineering, Planning, or Building Departments.

• (Ord. 387 § 1, 1996; Ord. 406 § 3 Exhibit A, 1997; Ord. 437 §§ 2—5, 1998; Ord. 499 § 1, 2002; Ord. 541 § 1, 2003; Ord. 558 § 1, 2004; Ord. 573 § 1, 2005)

• (a) Application. Other than a hedge and/or screen planting within a front yard setback area which shall be governed by subsection (c) of this Section, no hedge within a building setback area on any single-family residential lot shall exceed nine (9) feet in height measured from the finished grade, as described in subsection (d )(1) and (2) of this Section. This limitation shall be applicable only to any hedge and/or screen planting located adjacent to a single-family residential lot.

• (b) Definition. For the purposes of this Section, "hedge" and/or "screen planting" shall mean a dense row of trees or shrubs forming into a substantially solid, opaque screen that excludes visual contact between uses (i.e., properties) and creates a strong impression of spatial separation. Individual shrub and vine height standards are found in Section 21.50.053 .

This is a screen:

This is NOT a screen:

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• (1) Individual planted trees or shrubs shall not be considered a hedge and/or screen if sufficient distance is maintained between them to prevent branches (vegetation) from touching and intertwining with one another.

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• (2) A row of palm trees (date palms, fan palms, etc.) shall be excluded from the provisions of this Section.

(c) Allowed Height.

• (1) Front and Side Front (Street Side) Yards, Between the Curb and Setback. For only hedge or screen planting located adjacent to a single-family lot, neither hedge(s) nor screen planting(s) exceeding three (3) feet in height shall be permitted between the curb and the first ten (10) feet of any front and side front (side street) building setback area.

• (2) Front and Side Front (Street Side) Yards, Beyond the Setback Area. For only hedge or screen planting located adjacent to a single family lot, hedge(s) and screen planting(s) may not exceed nine (9) feet in height beyond the first ten (10) feet of any front and side front (side street) building setback area, as measured from property line.

• (3) Side (Interior) and Rear Yards. Neither hedge(s) nor screen planting(s) shall be allowed to exceed nine (9) feet in height within the side and rear yard building setback area. This limitation shall only be applicable only to hedge or screen planting located adjacent to a single family residential lot.

• (d) Measurement of Hedge or Screen Planting Height.

  • (1) The height of any hedge(s) or screen planting(s) permitted within any building setback area shall be measured from the finished grade at the base of the hedge or screen planting (vegetation). Measurement shall be from the lowest point of the grade, level straight across the hedge, so as not to create a wavy or rollercoaster effect in the hedge.

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• (2) In building setback areas, the height of any hedges(s) or screen planting(s) planted on top of a berm or within a raised planter, shall be measured from the finished grade along the base of said berm or raised planter or adjacent property line wall, where such wall can be constructed (whichever is lowest) on the property in question.

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• (3) Notwithstanding any restrictions mentioned in this situation, hedges or screen plantings within any required setback area may not exceed those height limitations as established in subsection (c) , unless approved pursuant to Section 21.06.050 of this Zoning Code.

• (4) Determinations. The Community Development Director or Code Enforcement Officer shall, upon written request of an owner having charge of any premises, determine whether the measurement of a hedge is in compliance with the provisions of this Section. Any decision of the Community Development Director or Code Enforcement Officer may be appealed to the Planning Commission in accordance with the appeal procedures set forth in Section 21.06.110 .

• (e) Nuisances. It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the City to maintain such premises in such manner that is in violation of, or failure to comply with any provisions of this Section.

• (f) Enforcement. Upon written complaint from a property owner, homeowners' association or a person directly affected by a hedge(s) or screen planting(s), or upon independent investigation, the Community Development Director or Code Enforcement Officer may determine that such hedge(s) or screen planting(s) is maintained contrary to one (1) or more of the provisions of this Section and may cause the abatement thereof pursuant to Section 1.20.040 .

(Ord. 406 § 3 Exhibit, 1997; Ord. 602 § 2, 2007; Ord. 632 § 1, 2009; Ord. 652 § 1, 2011; Ord. 720 § 11, 2019)

• (a) Definitions. For the purposes of this Section, "shrub" means an individual evergreen or deciduous woody plant with several main stems or branches arising from or near the ground in contrast with the single main stem or trunk of a tree, and is capable of reaching a height of three (3) feet or more at maturity. An individual tree including any type of palm tree (date palm, fan palm, dwarf palm, etc.), succulent, cacti or any type of native or desert shrubbery (i.e., ocotillo, etc.) shall be excluded from the provisions of this Section. A "vine" means any herbaceous or woody species of plant having a long, slender stem that trails or creeps on the ground or climbs by winding itself about a support.

• (b) Allowed Height.

  • (1) Front and Side Front (Street Side) Yards, Between the Curb and Setback. For only shrub(s) or vines located adjacent to a single-family lot, no shrub(s) or vines exceeding three (3) feet in

height shall be permitted between the curb and first ten (10) feet of any front and side front (side street) building setback area, as measured from the property line.

• (2) Front and Side Front (Street Side) Yards, Beyond the Setback. For only shrub(s) or vines located adjacent to a single-family lot, no individual shrub(s) shall exceed nine (9) feet in height within the front and side front (side street) building setback area; although, individual shrub(s) or vines planted within three (3) feet of a legally conforming building or structure, shall be allowed to grow to a height no higher than the maximum building height allowed at the minimum front and side front (side street) building setback, as specified in the development standards (i.e., land use category or zone) for which the property is located.

• (3) Side and Rear Yards. No individual shrub(s) or vines shall be allowed to grow nine (9) feet in height within the front and rear building setback area. Individual shrub(s) or vines planted within three (3) feet of a legally conforming building or structure, shall be allowed to grow to a height no higher than the maximum building height allowed at the minimum side or rear building setback, as specified in the development standards (i.e., land use category or zone) for which the property is located.

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• (c) Measurement of Shrub or Vine Height.

  • (1) The height of any shrub(s) or vines permitted within any building setback area shall be measured from the finished grade at the base of the shrub or vine (vegetation). Measurement shall be from the lowest point of the grade.

  • (2) In building setback areas the height of any shrub(s) or vines, planted on top of a berm or within a raised planter, shall be measured from the finished grade along the base of said berm or raised planter or adjacent property line wall, where such wall can be constructed (whichever is lowest) on the property in question.

• (3) Notwithstanding any restrictions mentioned in this situation, shrub(s) or vines within any required setback area may not exceed those height limitations as established in subsection (b) , unless approved pursuant to Section 21.06.050 of this Zoning Code.

  • (4) Determinations. The Community Development Director or Code Enforcement Officer shall, upon written request of an owner having charge of any premises, or the Code Enforcement Officer, determine whether the measurement of a shrub is in compliance with the provisions of this Section. Any decision of the Community Development Director or Code Enforcement Officer may be appealed to the Planning Commission in accordance with the appeal procedures set forth in Section 21.06.110 .

• (d) Nuisances. It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the City to maintain such premises in such manner that is in violation of, or failure to comply with any provisions of this Section.

• (e) Enforcement. Upon written complaint from a property owner, homeowners' association or a person directly affected (such as impaired views, impaired sunlight, or other diminished benefits) by a hedge(s) or screen planting(s) or upon independent investigation, the Community Development Director or Code Enforcement Officer or designee may determine that such shrub(s) or screen planting(s) may be maintained contrary to one (1) or more of the provisions of this Section and may cause notice to be given of a public hearing to determine whether the same does in fact constitute a public nuisance, the abatement of which is appropriate under the police power of the City.

(Ord. 406 § 3 Exhibit, 1997; Ord. 541 § 1, 2003; Ord. 602 § 2, 2007; Ord. 652 § 2, 2011; Ord. 720 § 11, 2019)

• (a) The height of any vine permitted within any building setback area shall be measured from the finished grade at the base of the vine (vegetation). Measurement shall be from the lowest point of the grade.

  • (1) In building setback areas the height of any vine, planted on a berm or within a raised planter, shall be measured from the finished grade at the base of the berm, planter or adjacent property line wall or where such wall can be constructed.

  • (2) Notwithstanding any restrictions mentioned in this Section, a vine in any required setback area may not exceed those height limitations as established in Section 21.50.053(b) , unless approved pursuant to Section 21.06.050 of this Zoning Code.

  • (3) Determinations. The Planning Director shall, upon written request of an owner having charge of any premises, or the Code Enforcement Officer, determine whether the measurement of a vine is in compliance with the provisions of this Section. Any decision of the Planning Director may be appealed to the Planning Commission in accordance with the appeal procedures set forth in Section 21.06.110 .

  • (4) Conditions that are Nuisances. It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in the City to maintain such premises in such manner that is in violation of, or failure to comply with any provisions of this Section.

  • (5) Enforcement. Upon written complaint from a homeowners' association or a person directly affected (such as impaired views, impaired sunlight, or other diminished benefits) by a vine or screen planting(s) or upon independent investigation, the Code Enforcement Officer or designee may determine that such a vine or screen planting(s) may be maintained contrary to one (1) or more of the provisions of Section 21.50.053 and may cause notice to be given of a public hearing to determine whether the same does in fact constitute a public nuisance, the abatement of which is appropriate under the police power of the City.

• (Ord. 406, § 3, 1997; Ord. 541 § 1, 2003)

Perimeter walls for nonresidential developments shall be installed as required by the development standards of the zoning designation within which the property is located and/or as required by the Planning Commission and City Council.

(Ord. 387 § 1, 1996)

All utility appurtenances and solid waste handling areas shall be effectively screened from off-site views by a solid wall enclosure of sufficient height to obscure off-site views. The enclosure shall be comprised of the same material and color as the main structure. (Ord. 387 § 1, 1996)