Artesia City Zoning Code
ARTICLE 10
Streets and Highways
§ 9-2.1001 Dedications and Improvements: Required.
No building or structure shall be erected, relocated, expanded, or altered in an amount exceeding 25% of the reasonable replacement value of the existing structures or improvements on such premises, and no building permit shall be issued therefor for any lot, unless 1/2 of the street abutting thereon has been dedicated and improved for the full width of such lot in accordance with City standards, or such dedication and improvements have been assured to the satisfaction of the City Engineer, subject to the following limitations:
(a)
The maximum area of land required to be so dedicated shall not exceed 25% of the area of any such lot, and in no event shall such dedication reduce the lot below the required minimum lot sizes, widths, and areas set forth in this chapter, unless a variance for lots of lesser area, size, or width has been granted as provided in this article. In no case shall such dedication be required if the remaining lot area has a width less than 50 feet or an area less than 5,000 square feet.
(b)
No such dedication may be required with respect to the portion of a lot occupied by a main building.
(c)
No additional improvements shall be required on any lot where complete roadway, curb, gutter, and sidewalk improvements exist within the present dedication contiguous thereto and on adjoining properties on the same side of the block.
The provisions of this section shall not apply to the construction of a single-family dwelling, or customary accessory buildings thereto, in the R-1 Zone.
(Ord. 159, § 74.01)
§ 9-2.1002 Dedications and Improvements: Lots Abutting Private Streets and Road Rights-of-Way.
The provisions of this article shall apply to lots or parcels abutting a private street or road right-of-way established by recorded document or easement, with the exception that the Development Review Board, in lieu of requiring a dedication, may require an offer of dedication which shall be recorded and shall not become a part of the City street system until thereafter accepted into the City street system by resolution. The Council may waive the dedication requirements of this section where it is found and determined that there is little likelihood that the remaining private right-of-way adjacent to other lots or parcels in the area will be acquired for public use and that the acquisition of such right-of-way in connection with the proposed improvement to any given parcel would be of no public benefit.
(Ord. 159, § 74.02)
§ 9-2.1003 Dedications: Standards.
The street right-of-way required by the provisions of Section 9-2.1001 of this article shall be dedicated to and in accordance with the widths as they exist on the date of the application for the building permit. No dedication shall be required by the provisions of this section unless the portion of such street to be dedicated is shown on the Master Plan of Streets and Highways or the width thereof is specified in such Master Plan of Streets and Highways.
(Ord. 159, § 74.03)
§ 9-2.1004 Dedications: R-1 Zone.
Notwithstanding the exceptions set forth in Section 9-2.1001 of this article pertaining to dwellings located in the R-1 Zone, such dwellings or accessory buildings shall be subject to the provisions of this article where, in addition, the following conditions exist:
(a)
The right-of-way line to which dedication is required is shown on the specific plan adopted by the Council and in effect on the date of the application for the building permit; or
(b)
The right-of-way line to which dedication is required is not shown on the General or Specific Plan but has been established at a greater width than that existing contiguous to such lot or parcel by the construction of street improvements on any lot or parcel on the same side of the block. In such an event, dedication shall be to the greater established right-of-way line or any lesser widths as established by the Development Review Board in applying the principles of this article.
Notwithstanding the provisions of Subsection (b) of this section, the maximum area of land required to be dedicated shall not exceed 10 feet of the lot depth and twenty-five (25%)) percent of the lot area, and in no event shall such lot be reduced to less than the minimum required lot size as set forth in Article 8 of this chapter.
(Ord. 159, § 74.04)
§ 9-2.1005 Improvements.
Before a building or structure subject to the provisions of this article may be occupied or utilized, curbs, gutters, sidewalks, drainage structures, and street paveouts shall be constructed at the grade and location specified by the City Engineer unless there already exists within the present right-of-way, or on the property the owner has agreed to dedicate, curbs, gutters, sidewalks, drainage structures, and street paveouts which are adequate and the City Engineer so finds and determines. The curbs, gutters, sidewalks, drainage structures, and street paveouts required by this section shall be in accordance with City standards.
(Ord. 159, § 74.05)
§ 9-2.1006 Dedications and Improvements: Conditions for Granting Zone Reclassifications, Variances, and Conditional Use Permits.
In addition to the provisions of this article, the officer, the Commission, or the Council, when granting any zone reclassification, conditional use permit, or variance, as a condition thereto, may require the dedication and improvement of street rights-of-way, whether or not designated on any General or Specific Plan of the City, where the granting of such zone reclassification, variance, or conditional use permit would otherwise be detrimental to the public peace, health, and safety by reason of increased traffic congestion occasioned by the improvement of such property under such a proposed zone reclassification, variance, or conditional use permit.
(Ord. 159, § 74.08)
§ 9-2.1007 Dedications and Improvements: Agreements.
In lieu of any dedication required by the provisions of this article, an owner, subject to the discretion of the officer, board, or agency authorized to accept such dedication, may enter into an agreement with the City to dedicate. Such agreement shall be signed by all the persons having any right, title, interest, or lien in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged, and the agreement shall be prepared for recordation.
In lieu of any improvement required by the provisions of this article, the officer, board, or agency authorized or required to accept such improvement, in his or its discretion, may enter into an agreement with the owner. Such agreement shall be secured by cash, or a surety bond approved by the City Attorney, guaranteeing the installation of such improvements.
(Ord. 159, § 74.09)
§ 9-2.1008 Dedications and Improvements: Contributions by the City.
Notwithstanding any provision of this article to the contrary, the Council may contribute toward the costs of acquisition or the making of any improvement required pursuant to the provisions of this article where the Council determines that the application of the provisions of this article to any individual will amount in a cost or detriment to that individual greatly in excess of the cost or detriment to other property owners who are required to make improvements pursuant to the provisions of this article in the immediate vicinity.
(Ord. 159, § 74.11)
§ 9-2.1009 Failure to Dedicate or Improve.
(a)
In any case where a dedication or improvement is required pursuant to any provision of this article, or by any motion, resolution, order, or ordinance made by any board, commission, or the Council, and such dedication or improvement is not made, any authority to construct any building or structure, or to use or occupy any land or building, or to receive or have a conditional use permit, variance, or zone reclassification granted or approved on the condition of such dedication or improvement shall terminate automatically unless the time to dedicate or improve is extended by the Council, or the improvement or dedication is accomplished as set forth in Subsection (b) of this section.
(b)
In any case where a dedication or improvement required by the provisions of this article is not made or installed within the time specified in any agreement made and entered into pursuant to the provisions of this article, the City Engineer may forfeit any bond or security given therefor and cause such work to be performed. The City Engineer shall remit to the owner or person entitled thereto any balance remaining from such bond or security after deducting the costs of such work, plus all engineering and overhead expenses. In the event the costs of such work, plus engineering and overhead expenses, shall exceed the amount of the bond or security given by the owner, the owner shall pay the difference upon demand. In the event of automatic termination, as set forth in Subsection (a) of this section, the owner and surety shall be advised in writing of such termination, and all rights and privileges granted to the owner by reason of any such permit, variance, zone reclassification, motion, resolution, order, or ordinance shall terminate.
(Ord. 159, § 74.10)
§ 9-2.1010 Waivers.
The Development Review Board may waive any or all of the provisions of this article upon a determination of hardship by reason of unusual circumstances, other than individual financial hardships, applicable to the owner of any parcel of property subject to the provisions of this article.
(Ord. 159, § 74.06)
§ 9-2.1011 Variances.
Any person deeming himself or herself aggrieved may apply for a variance from any provision of this article pursuant to Article 17 of this chapter, whether he or she has applied for a modification or not. The provisions of Section 9-2.1012 of this article shall constitute additional grounds for the approval of a variance from any provision of this article.
(Ord. 159, § 74.12)
§ 9-2.1012 Appeals.
Any person required to dedicate land or make improvements pursuant to the provisions of this article may appeal any determination or decision made pursuant to the provisions of this article to the Council. Such appeal shall be in writing and shall be accompanied by any appeal fee established or set by the Council. The appeal shall state in clear and concise language the grounds therefor. The Council may make such modifications to the requirements set forth in this article or may grant such waivers or modifications of the determinations required or made pursuant to the provisions of this article as the Council shall determine are required to prevent an unreasonable hardship under the facts of any case and as long as each such modification or waiver is in conformity with the general spirit and intent of the provisions of this article.
(Ord. 159, § 74.07)