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Artesia City Zoning Code

ARTICLE 17

Variances and Conditional Use Permits

§ 9-2.1701 Authorized.

The Council and Commission may hear and act upon a variance or conditional use permit as provided in this article and pursuant to the provisions of Title 7 of the Government Code of the State.
(Ord. 159, § 81.01; Ord. 328, § 1; Ord. 331, § 1; Ord. 332, § 1)

§ 9-2.1702 Initiation.

(a) 
Filing. Any person desiring a variance or conditional use permit may file an application or petition therefor with the Commission; provided, however, the Commission may not accept any application requesting a variance or conditional use permit where the Council or Commission has taken final action on a previous application for the same, or substantially similar, conditional use permit or variance therefor within six months, unless the applicant can show changed conditions.
(b) 
Hearings. The Commission may, on its own motion, or if instructed by the Council shall, set a date and hold a hearing for the purpose of considering a variance or conditional use permit as provided in this Chapter without the filing of an application therefor.
(Ord. 159, § 81.02; Ord. 328, § 1; Ord. 331, § 1; Ord. 332, § 1)

§ 9-2.1703 Applications: Contents: Accuracy.

Persons applying for variances or conditional use permits shall submit an application and such other information as is requested by the Commission or its authorized representatives. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant.
(Ord. 159, § 81.03)

§ 9-2.1704 Planning Commission: Conditional Use Permits.

(a) 
Approval. The Commission shall hold a public hearing on an application for a conditional use permit and may approve a conditional use permit, with such conditions as are deemed necessary, if it finds that:
(1) 
The proposed conditional use is not in substantial conflict with the General Plan;
(2) 
The proposed conditional use will not adversely affect the health, safety, and general welfare;
(3) 
The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features set forth in this chapter or as required as a condition in order to integrate such use with the uses in the neighborhood; and
(4) 
The site for the proposed conditional use is served by highways and streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
(b) 
Approval: Conditions. The conditions imposed by the Commission for a conditional use permit may involve any pertinent factor affecting the establishment, operation, and maintenance of the requested use, including, but not limited to:
(1) 
Special yards, open spaces, and buffer areas;
(2) 
Fences and walls;
(3) 
Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;
(4) 
Street and highway dedications and improvements, including sidewalks, curbs, and gutters;
(5) 
Water supply and fire protection in accordance with the provisions of Article 1, Chapter 2, Title 4 of this Code;
(6) 
Landscaping and the maintenance of the grounds;
(7) 
The regulation of nuisance factors, such as noise, vibration, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electro-magnetic disturbances, and radiation;
(8) 
The regulation of operating hours for activities affecting normal neighborhood schedules and functions;
(9) 
The regulation of signs, including outdoor advertising;
(10) 
A specified validation period limiting the time in which the development may begin;
(11) 
Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;
(12) 
A site plan indicating all details and data as set forth in this chapter, subject to the provisions of Article 20 of this chapter; and
(13) 
Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all of the elements of the General Plan and the intent and purposes of this chapter.
(Ord. 159, § 81.05; Ord. 328, § 1; Ord. 331, § 1; Ord. 332, § 1)

§ 9-2.1705 Variances.

(a) 
Planning Commission Action. Except as otherwise provided in Subsection (d) of this section, the Planning Commission shall hear and decide all applications for a variance to the provisions of this chapter and shall hold a duly noticed public hearing on each such application.
(b) 
Required Findings. In granting a variance, the Planning Commission, the City Council on appeal, or the Planning Director (as authorized by Subsection (d) below), must make the following findings:
(1) 
There are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and
(2) 
The variance is necessary for the preservation and enjoyment of substantial property rights possessed by owners of other properties in the same vicinity and zone but which is denied the owner of the subject property; and
(3) 
The granting of the variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and
(4) 
The grant of this variance does not constitute a special privilege to the applicant.
(c) 
Conditions. In granting a variance, the Planning Commission, the City Council on appeal, or the Planning Director (as authorized by Subsection (d) below), may impose reasonable conditions to mitigate the impacts of the variance.
(d) 
Administrative Variances.
(1) 
Criteria. Review and approval for the following administrative variance requests shall be made by the Director of Planning, based on the findings contained in Subsection (b) of this section and any additional findings required by this subsection, except that if the development project will otherwise require review by the Planning Commission, the Planning Director may refer the request for the administrative variance to the Planning Commission in conjunction with the other project approval:
(A) 
Satellite antennas. The restrictions contained in Section 9-2.903 governing satellite antenna locations and dimensions may be modified in order for the applicant to attain reasonable television or radio reception on the subject property.
(B) 
Side yard setbacks in R-1 Single-Family Residential Zone. The minimum setback for a side yard in the Single-Family Residential Zone (R-1) may be decreased for the construction of a detached garage provided said garage is a minimum of six feet from the primary structure, the detached garage does not project into the front yard, and all other criteria specified in Section 9-2.2805 are satisfied.
(C) 
Rear yard setbacks in the R-1 Single-Family Residential Zone. The minimum setback for a rear yard in the Single-Family Residential Zone (R-1) may be decreased to allow a detached garage to be located in the required rear yard provided all other criteria specified in Section 9-2.2805 are satisfied.
(2) 
Procedures. An applicant for an administrative variance shall file an application and pay an application fee in the amount set forth by resolution of the City Council. Prior to rendering a decision on the application, the Director shall provide written notice to owners of property that is contiguous to the property that is the subject of the application. The notice shall contain a description of the type and location of the requested administrative variance and the anticipated decision date, and shall allow 10 days to submit comments to the City. Upon the passage of such 10 day period, the Director of Planning may render a decision. Any decision of the Planning Director may be appealed to the Planning Commission by any person within 10 days after notice of the decision has been provided to the applicant.
(D) 
Walls. The restrictions in Sections 9-2.1401(a)(2) and (b)(2) governing the erection of walls along the side, rear and front perimeters of a lot or parcel of land developed with a new residential, commercial or industrial use in any zone, excluding any new one-family dwelling in the Single-Family Residential (R-1), Agriculture-Single-Family Residential (A-1) or Medium Density Residential (M-D-R) Zones, may be modified if the Planning Director finds that one or more of the requirements of Sections 9-2.1401(a)(2) or (b)(2) are incompatible with the location of the subject lot or parcel of land and/or with uses and structures on adjacent properties.
(Ord. 159, § 81.04; Ord. 328, § 1; Ord. 331, § 1; Ord. 332, § 1; Ord. 561, § 14; Ord. 14-809, § 7)

§ 9-2.1706 Resolution.

The Planning Commission shall adopt a resolution approving or denying a conditional use permit or variance or revoking a conditional use permit or variance or extending the termination date thereof and setting forth its findings in support of its action.
(Ord. 159, § 81.06; Ord. 328, § 1; Ord. 331, § 1; Ord. 332 § 1)

§ 9-2.1707 Review by City Council.

Notice of the Planning Commission's action and a copy of its resolution shall be transmitted to the City Council. Upon receiving such notice and resolution, the Council may:
(a) 
Affirm the action of the Commission;
(b) 
Require a transcript or recording of the testimony and all other evidence upon which the Commission made its decision, and, after receiving such evidence, take such action as, in the opinion of the Council, is indicated by such evidence alone;
(c) 
Refer the matter back to the Commission, with or without instructions for further proceedings; or
(d) 
Set the matter for a hearing before itself. At such hearing the Council shall hear and decide the case de novo.
In any case in which the Council sets the matter for a hearing before itself or receives the transcript or recording and all other evidence upon which the Commission made its decision, the Council may take any of the actions provided in Sections 9-2.1704 and 9-2.1705. In such a case, the Council shall adopt a resolution setting forth its decisions and its findings in support thereof.
(Ord. 159, § 81.07; Ord. 328, § 1; Ord. 331, § 1; Ord. 332, § 1)

§ 9-2.1708 Validity.

Variances and conditional use permits which are valid and in effect, and which were granted pursuant to the provisions of this chapter, shall adhere to the land and shall continue to be valid upon changes of ownership of the land and upon any lawfully existing building or structure on such land.
(Ord. 159, § 81.08)

§ 9-2.1709 Faithful Performance: Surety.

Whenever the Council or Planning Commission grants or modifies a variance or conditional use permit, and the granting or modification of such variance or conditional use permit is subject to one or more conditions, the Council or Planning Commission may require that the applicant or the owner of the property to which such variance or conditional use permit applies file with the City Clerk a surety bond, corporate surety bond, deposit of money, or savings and loan certificates or shares in an amount prescribed for the purpose of guaranteeing the faithful performance of such conditions.
(Ord. 159, § 81.09; Ord. 328, § 1; Ord. 331, § 1; Ord. 332, § 1)

§ 9-2.1710 Expiration.

Variances and conditional use permits which are not used within the time specified or, if no time is specified, within one year after the granting thereof, shall become null and void and of no effect; provided, however, the Planning Commission may extend such expiration date for a period of not to exceed one year if the applicant submits a written request for an extension 30 days prior to the expiration date. Notice of the Planning Commission's action on any such extension shall be transmitted to the City Council pursuant to Section 9-2.1707 for such action as is provided in such section.
(Ord. 159, § 81.10; Ord. 328, § 1; Ord. 331, § 1; Ord. 332, § 1)

§ 9-2.1711 Termination.

Variances and conditional use permits shall cease to be of any force and effect if the use has ceased or has been suspended for a consecutive period of one or more years.
(Ord. 159, § 81.11)

§ 9-2.1712 Nuisances.

Neither the provisions of this chapter nor the granting of any variance or conditional use permit shall authorize or legalize the maintenance of a nuisance, either public or private.
(Ord. 159, § 81.12)

§ 9-2.1713 Effect of Zone Regulations.

Unless specifically modified by a variance or conditional use permit, all regulations set forth for the zone in which such variance or conditional use permit is granted shall apply.
(Ord. 159, § 81.13)