Indio Municipal Code Ch. 1.02 Zones and Zoning Map

[9-21-2022 by Ord. 1782]

The Official Zoning Map, as established by this Code, shall apply to all real property within the city. The establishment of land uses and buildings in all zones shall be consistent with the provisions of this Code and the standards and regulations applicable to the zone. City zones and their relationship to the General Plan Place-Types are listed in Table 1.02.03-1 (Base Zones and Overlay Zones).

[9-21-2022 by Ord. 1782]

The City's Official Zoning Map establishes and defines all zones and overlay areas, and their boundaries. Each zone outlines land use and development standards to implement the range of expected outcomes expressed in the Indio General Plan. All zone regulations shall be applied based on the zone boundaries and locations established by the Official Zoning Map. All overlay areas further regulate the land use or specific activities within the underlying zone and shall be applied based on the overlay boundaries and locations established by the City's Official Zoning Map.

The boundaries of the zones established by this Code are not included in this Code but are shown on the City's Official Zoning Map maintained by the Community Development Department. The Zoning Map, together with all legends, symbols, notations, references, zone boundaries, map symbols, and other information on the map has been adopted by the Council and is hereby incorporated into this Code by reference, together with any amendments previously or hereafter adopted.

Annexation of Properties.

A. When property outside of the City limits is submitted for annexation to the City, zoning of the property shall be determined by the City and shall be incorporated into the Official Zoning Map upon adoption.

Amendments to the Zoning Map.

B. Amendments to the Official Zoning Map shall follow the process established in Chapter 6.06 (General Plan and Zoning Amendments).

[9-21-2022 by Ord. 1782]

The city is divided into Residential Neighborhood Zones, Mixed-Use Zones, Commercial/Industrial Zones, and Public/Institutional Zones to individually regulate development form and land use of parcels. This specific mix of zones implements the General Plan by providing for a range of development intensity and uses that are compatible with the character of the City's neighborhoods, districts, and corridors. The city is divided into base zones and overlay zones that implement the General Plan as shown in Table 1.02.03-1, and are applied geographically by the Official Zoning Map.

Existing legally constructed non-conforming uses, buildings, and structures established prior to the adoption of this Code are legal, non-conforming uses and are permitted to operate subject to the regulations of Chapter 6.07 (Nonconforming Provisions).

TABLE 1.02.03-1: Base Zones and Overlay Zones

[9-21-2022 by Ord. 1782]

When uncertainty exists about the location of any zone boundary or section shown on the Official Zoning Map, the precise location of the boundary shall be determined by the Director. Generally, the following boundary guidelines shall be used for reading the Zoning Map and for interpretation, unless otherwise determined by the Director.

General Boundaries.

A. Zone boundaries approximately following the right-of-way shall be construed to follow the proximate property line or right-of-way line.

Scale.

B. If a zone boundary does not follow a property line, or where a zone boundary divides a property, the location scale on the Official Zoning Map shall be used to determine the location of the boundaries, unless the boundaries are indicated by dimensions.

Split Zone Properties.

C. Where a zone boundary divides a property, each portion of the property shall be developed in accordance with the applicable zoning designation. If more than 80 percent of the property falls under one zoning designation, the property owner may choose to develop the entire property according to that designation.

Centerline Boundaries.

D. Zone boundaries shown within a right-of-way that do not follow the outside right-of-way line(s) shall be construed to follow the centerline of such rights-of-way.

Vacated Areas.

E. Vacated, abandoned, or non-occupancy uses (e.g., dedicated circulation rights-of-way, utility or maintenance easement/corridors, creek easements, railroad rights-of-way, or similar uses) shall be treated in one of the following ways:

1. Revert to the identified zone.

2. Where no zone is identified by the Official Zoning Map, the vacated right-of-way or non-occupancy use shall acquire the zoning district classification of the adjacent property to which it reverts.

3. The Director shall determine the applicable zone; City Council approval and adoption by ordinance of the assigned zone shall be required to incorporate the zoning of the property into the Official Zoning Map.

Unclassified Areas.

F. Dedicated circulation rights-of-way, utility or maintenance easement/corridors, creek easements, railroad rights- of-way, or similar non-occupancy uses shown within a designated zone shall be deemed to be unclassified and shall not be used for development or structural purposes inconsistent with the established right-of-way use. In accordance with the provisions of Chapter 3.03 (Parking and Loading), off-street automobile parking may be permitted within such unclassified rights-of-way, provided that such parking is constructed in accordance with all applicable standards and all necessary permits and approvals are obtained. Railroad rights-of-way shall be used solely for the purpose of accommodating tracks, signals, other operative devices, and the movement of rolling stock, unless otherwise vacated.