Indian Wells Municipal Code § 21.12.040 Overlay zones

The zoning in the City utilizes three different components: land use categories (also referred to as designations), planning areas, and overlay zones. Each of the components serves a distinct function. These functions are discussed below:

(a) Land Use Categories. The first component of the zoning is the land use category. Land use categories are used to provide precise development standards and use regulations. This component establishes basic land use categories, each of which has a set of standards and regulations.

The land use categories apply to specific parcels of land. Development of land within each category must meet all the requirements relating to that category, except as modified by the standards and regulations pertaining to the planning area in which the land is located. The zoning map of the City depicts the application of the land use categories.

(b) Planning Areas. The second component of the zoning is the planning area. This component establishes planning areas consistent with established private communities (e.g., Vintage Country Club and Desert Horizons), master planned resort developments (e.g., Indian Wells Golf Resort), and contiguous neighborhoods with common planning and use issues.

The planning areas are comprised of contiguous properties having significant and definable inter-related planning and land use issues which require uniform resolution in order to insure basic fairness in application and administrative economy.

Each planning area is subject to the land use requirements and development standards otherwise applicable under this Title, except as specifically modified by regulations pertaining to the particular planning area. In the event of any conflict between the standards and regulations pertaining to a particular planning area and those otherwise applicable under this Title, the former shall govern.

Planning areas and the development standards specially pertaining to each are set forth in Chapter 21.14. The boundaries of the planning areas are identified in Chapter 21.14.

(c) Overlay Zones. The third component of the zoning is the overlay zone. This component establishes special regulations which are applied to defined areas of specific concern, regardless of the underlying land use category. These regulations take precedence over the other regulations of this Title, except as otherwise indicated by the specific regulations pertaining to a planning area.

(Ord. 387 § 1, 1996; Ord. 770, 6/18/2026)

The following chart shows a listing of the land use categories established by this Title. The land use categories established by this division are defined and labeled in the chart. The label is used for identification and reference.

LAND USE CATEGORIES - CHART

(Ord. 387 § 1, 1996; Ord. 525 § 2, 2002; Ord. 584 § 2, 2006; Ord. 606 § 1, 2007; Ord. 753, 6/20/2024; Ord. 770, 6/18/2026)

This Section includes a matrix which lists the uses and indicates whether or not each use is permitted (P) or conditional (C) in each land use category. Prohibited uses are represented by an (X). Conditional uses listed in this section must be applied for in accordance with Section 21.06.040, Conditional Use Permits. In the event any of the prohibitions of uses set forth is held invalid or inapplicable for any reason whatsoever, then such use shall be categorized by the Community Development Director and declared subject to a Conditional Use Permit. See Land Use Matrix Table on the following pages.

LAND USE MATRIX TABLE

(Ord. 387 § 1, 1996; Ord. 399 § 2, 1997; Ord. 403 § 4, 1997; Ord. 448 § 3, 1999; Ord. 483 § 2, 2001; Ord. 537 § 1, 2003; Ord. 525 § 3, 2002; Ord. 584 § 2, 2006; Ord. 605 § 1, 2007; Ord. 606 § 1, 2007; Ord. 626 § 1, 2009; Ord. 650 § 2, 2011; Ord. 665 § 1, 2013; Ord. 702 § 1, 2017; Ord. 734 § 3, 2021; Ord. 753, 6/20/2024; Ord. 770, 6/18/2026)

The following overlay zones have been established by the City:

(a) Telecommunications. This overlay zone shall apply to properties within the Sports Complex Zone, Resort Commercial Zone, and within gated communities with a clubhouse facility in the Golf and Recreation Zone, in accordance with Chapter 21.48 of this Title. The zones offer the telecommunications industry opportunities for new commercial antennas and wireless communications facilities to be developed that meet both the needs of the industry while maintaining aesthetic standards of the City. The Telecommunications Overlay Zone establishes additional regulations governing commercial antennas and wireless communications facilities, including location, siting, design, and review requirements, and shall be implemented in accordance with Chapter 21.48 and Chapter 21.90 of this Title.

(b) Affordable Housing. This overlay zone shall apply to residential properties only and shall indicate the City Council's intent to utilize the developer incentives programs for the development of affordable housing projects as set forth in California Government Code Section 65915.

The City Council intends to negotiate development incentives with developers proposing affordable housing projects that contribute to meeting the City's affordable housing responsibility. The overlay zone shall be applied to specific sites, in accordance with Section 21.06.020, Zone Change.

The City Council will review with the prospective developer(s) the following matters as incentives:

(1) Fast track processing of development plans;

(2) Waiver of City fees;

(3) Land purchase subsidization;

(4) Land acquisition and assembly;

(5) Subsidizing of development costs;

(6) Construction loan and/or permanent loan subsidization, directly or indirectly;

(7) Purchase mortgage assistance;

(8) Renter assistance;

(9) Direct City ownership and/or management;

(10) Relaxation of City standards, including density increases of up to 20 units per acre in the low and medium density residential zones;

(11) Combinations of the above; and

(12) Additional valid proposals submitted.

(c) Senior Housing. This overlay zone shall apply to residential properties only and shall indicate the City Council's intent to utilize the developer incentives programs, negotiated on an individual basis with prospective developers, to provide for senior citizen housing in the City. The overlay zone shall be applied to specific sites, in accordance with Section 21.06.020, Zone Change.

The City Council will review with the prospective developer(s) the following matters as incentives:

(1) Fast track processing of development plans;

(2) Waiver of City fees;

(3) Land purchase subsidization;

(4) Land acquisition and assembly;

(5) Subsidizing of development costs;

(6) Construction loan and/or permanent loan subsidization, directly or indirectly;

(7) Purchase mortgage assistance;

(8) Renter assistance;

(9) Direct City ownership and/or management;

(10) Relaxation of City standards, including density increases;

(11) Combinations of the above; and

(12) Additional valid proposals submitted.

(d) Special Study Area. This overlay zone shall apply to properties that offer the City unique planning and/or economic opportunities. The overlay zone shall be applied to properties in accordance with Section 21.06.020, Zone Change. The overlay zone establishes the City Council's intent to review alternative land use proposals that differ from those permitted by the base zone.

(e) Highway 111. This overlay zone applies to properties within Planning Area 12, as provided in Chapter 21.45. The purpose of this overlay zone is to coordinate and provide regulations for properties located within Planning Area 12 to ensure that parkway, median landscape designs and any other improvements provide a unique identity of the City of Indian Wells, and Create an appropriate landscape buffer between Highway 111 and adjacent developments.

(Ord. 387 § 1, 1996; Ord. 606 § 1, 2007; Ord. 674 § 2, 2013; Ord. 770, 6/18/2026)

That certain map entitled "Official Zoning Map of the City of Indian Wells, California," the original of which map is on file with the City Clerk, is adopted as the official zoning map of the City and by this reference made a part of this Title. The zones and boundaries of the zones as set forth on the map, are established and adopted as shown in the map.

(Ord. 387 § 1, 1996; Ord. 770, 6/18/2026)

In the event a dispute arises or ambiguity appears as to the exact location of the boundary line of any district, the following rules shall be applied in determining the exact location of such lines:

(a) Where the boundary line as shown on the map is on, or approximately on, or in close proximity to, the boundary of private property, or the same abuts any public street, then such line shall be deemed to be such boundary of such property line as the same now exists.

(b) Where the boundary line traverses through private property and is located on or approximately on, or in close proximity and parallel to, boundary lines dividing property in different ownerships, or separating separate parcels according to any duly recorded subdivision map, then such lines shall be deemed to be located on such boundary lines separating separate ownerships or on the boundary lines of separate parcels according to such subdivision map.

(Ord. 387 § 1, 1996; Ord. 770, 6/18/2026)

(a) Transitional housing and supportive housing are considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with California Government Code Section 65583, subdivision (c)(3).

(b) Supportive housing is a use by right in all zones where multifamily and mixed uses are permitted, in accordance with California Government Code Title 7, Division 1, Chapter 3, Article 11 (commencing with Section 65650).

(Ord. 734 § 3, 2021; Ord. 770, 6/18/2026)