Chapter 21.04 — RESTRICTIONS – REGULATIONS

This Title (Title 21 of the Indian Wells Municipal Code) shall be known as the "Zoning Ordinance of the City of Indian Wells" and is also referred to as the "Zoning Code." (Ord. 387 § 1, 1996)

The purpose of this Zoning Code is to consolidate and coordinate all zoning regulations and provisions into one comprehensive zoning ordinance in order:

• (a) To designate, regulate, and restrict the location and use of land, buildings, and certain other structures for residential, commercial, or other purposes;

• (b) To regulate and limit the height, number of stories and size of buildings and other structures hereafter erected or altered;

• (c) To regulate the size of yards and other open spaces; and

• (d) To regulate and limit the density of population and for the purpose of dividing the City into zones of such numbers, shapes, and areas as may be deemed best suited for the optimum uses of the property within the City.

Such regulations are imperative to conserve and stabilize the value of property; to ensure compatibility of use, density and intensity with adjacent surrounding uses; to provide adequate open spaces for light and air; to prevent undue concentration of population; to establish adequate provisions for community utilities, schools, parks and other public requirements and to promote the public interest, health, comfort, convenience, safety and general welfare all in accordance with a comprehensive plan. (Ord. 387 § 1, 1996)

The authority for the regulations contained in this division is based on Section 7, Article XI of the California Constitution, the provisions of the California Planning and Zoning Law which provide for the regulation of the intensity of land use and the adoption of standards for the regulation of population density, and the police power granted to municipalities by the laws of the State of California. (Ord. 387 § 1, 1996)

If any chapter, section, subsection, sentence, clause, phrase or portion of this Zoning Code is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

(Ord. 387 § 1, 1996)

Except as specifically provided in this Zoning Code, no building or land shall be used or occupied and no building shall be erected, constructed, altered, enlarged, or moved into or within a zone other than for a use or purpose permitted in the zone. Neither the provisions of this Zoning Code nor the granting of any permit authorized by this Zoning Code, or otherwise, legalizes the maintenance of any public or private nuisance within the City.

(Ord. 387 § 1, 1996)

An open space or area required by this Zoning Code for one (1) building or use shall not be included or counted as required open space or area for any other building or use. No lot as defined by this Zoning Code shall be reduced in area, width or depth below the requirements of this Zoning Code for the zone in which the lot is located without the prior approval of the City Council, obtained in the manner prescribed in this Zoning Code.

(Ord. 387 § 1, 1996)

All land hereafter annexed to the City shall be pre-zoned prior to annexation in the manner prescribed by law and consistent with the General Plan land use designation(s) for such land. When any land is annexed to the City, prior to the zoning of such land by the City, the City Council may, in the manner provided in this Zoning Code, grant Variances or Conditional Use Permits as hereinafter provided. (Ord. 387 § 1, 1996)

The provisions of this Zoning Code shall apply to the property of any other governmental entity, department, or agency. (Ord. 387 § 1, 1996)

Public and private streets and rights-of-way shall be classified as in the same zone as contiguous property to the center of the streets or rights-of-way except as specifically classified by ordinance.

(Ord. 387 § 1, 1996)

No person shall drive off-road a motor vehicle, motor bike, motorcycle or other vehicle on privately owned land within the City. "Off-road" means off of an improved roadway or drive. Excepted from the operation of this Section shall be the use of farm vehicles for agricultural purposes, vehicles used for governmental purposes, golf carts being utilized on golf courses, and vehicles used for security purposes.

(Ord. 387 § 1, 1996)

Prior History: Ord. 387 § 1, 1996; repealed by Ord. 761, 12/19/2024.