Artesia City Zoning Code
ARTICLE 29
Multiple Residential M-R
§ 9-2.2901 Intent and Purpose (M-R).
The Zone M-R is established to create limited height, multiple residential areas with provisions to support the community services appurtenant thereto.
(Ord. 159, § 33.01; Ord. 264, § 3)
§ 9-2.2902 Principal Uses Permitted (M-R).
§ 9-2.2902.1 Accessory Uses Permitted (M-R).
Premises in the Multiple Residential (M-R) Zone may be used for, but shall not be limited to, the following accessory uses provided that such uses are established on the same lot or parcel of land and are incidental to, and do not substantially alter the character of any permitted principal use:
(a)
Private garages;
(b)
Home occupations; provided that a home occupation complies with the requirements set forth in Section 9-2.2803(c);
(c)
Large family day care home; provided that such use is located on a property developed with a single-family residential structure and complies with the requirements set forth in Section 9-2.2803(d);
(d)
Mobile vending, subject to approval of a temporary use permit pursuant to Article 40 of this chapter, may be conducted on property utilized by a nonprofit organization or church or other place of religious worship, provided that the mobile vending is conducted as part of an event sponsored by the organization or institution.
(Ord. 592, § 6; Ord. 13-795, § 9)
§ 9-2.2903 Uses Permitted Subject to Conditional Use Permits (M-R).
Premises in the Multiple Residential (M-R) Zone may be used for the following purposes, provided a conditional use permit has first been obtained pursuant to the provisions of Article 17 of this chapter.
(a)
Fraternity, sorority houses and lodge halls.
(b)
Homes for the aged and rest homes.
(c)
Medical offices operated within homes for the aged and rest homes, provided that the following criteria are satisfied:
(1)
The home for the aged or rest home must contain a minimum of 100 livable units;
(2)
The medical office is limited to providing services to the residents of the home for the aged or rest home wherein such medical office is located, and to persons who do not reside within said home but are otherwise eligible to reside therein;
(3)
The floor area devoted to the medical office must not exceed 1,000 square feet; and
(4)
Not more than one physician or primary caregiver, and not more than a total of three persons, may provide medical services within the medical office at any one time.
(d)
Hospitals.
(e)
Nursery schools and children's homes.
(f)
Rooming houses and boarding houses.
(g)
Parking lots as a supplemental use on lots or parcels of land adjoining or across an alley from any commercial or manufacturing zone.
(h)
Building in excess of two stories or 35 feet.
(i)
Churches and other places of religious worship, in accordance with the development standards contained in Article 41 of this chapter.
(j)
Ambulance stations, provided that such use complies with the following criteria:
(1)
The ambulance station shall be located on a corner lot with a minimum area of 10,000 square feet which is within 400 feet of a major arterial street. The ambulance station site shall have frontage on an access street which is directly connected to a major arterial street.
(k)
Congregate living health facilities, as defined in California Health and Safety Code Section 1250, serving more than six persons or having more than six beds for persons who are terminally ill or who are catastrophically and severely disabled, provided the following conditions are satisfied:
(1)
The requirements set forth in Section 9-2.1704 of the Artesia Municipal Code applicable to the issuance of conditional use permits;
(2)
The lot or parcel has adequate outdoor area for all required parking, including parking required for employees and visitors while maintaining a residential appearance. In addition, an outdoor area in the rear yard shall be provided for residents and employees of the facility;
(3)
The structure and lot to be utilized comply with any and all development standards applicable to single-family dwellings except as otherwise provided in this subsection;
(4)
The structure and lot or parcel to be utilized are physically and aesthetically compatible with surrounding structures and lots and the character of the neighborhood;
(5)
The proposed facility will provide loading and unloading facilities for employees, patients and/or visitors as may be necessary to protect and ensure the safety of persons unloading or loading and to avoid interference with traffic;
(6)
In addition to the parking otherwise required for single-family residences pursuant to this Code, one paved parking space shall be provided for each nonresident employee or aide;
(7)
No signage advertising the facility shall be allowed on or off the premises;
(8)
Facilities necessary to accommodate medical waste shall be provided in State authorized container that is secured and out of public access and public view;
(9)
The applicant applies for and obtains Development Review Board approval of the proposed structure, site plan, landscaping, general design and development, setbacks, height, and vehicle and pedestrian ingress and egress, pursuant to Section 9-2.703 of the Artesia Municipal Code;
(10)
The applicant/operator obtains and maintains a current business license from the City. At the time of obtaining and/or renewing the required business license, the applicant/operator shall submit evidence of having obtained the necessary and current State license together with proof of the most recent inspection by the State of the facility;
(11)
The facility shall be operated in a manner that complies with the City of Artesia Noise Ordinance; and
(12)
The operator, as part of the application process, shall state whether or not the operator, or any business operating a congregate living health facility wherein the operator has or had a 10% or greater ownership interest, has had any State license or City or County approval to operate such facility suspended or revoked, including the dates and locations of such suspensions or revocations.
(Ord. 159, § 33.03; Ord. 264, § 3; Ord. 285, § 2; Ord. 314, § 1; Ord. 386, § 1; Ord. 524, § 6; Ord. 624, § 6; Ord. 663, §§ 7, 8)
§ 9-2.2904 Development Standards (M-R).
Premises in the Multiple Residential (M-R) Zone shall be subject to the following development standards in addition to those standards set forth in Articles 6 through 15 of this chapter.
(a)
Lot Area.
(1)
Required Area. Each lot or parcel of land shall have a minimum lot area of not less than 5,000 square feet.
(2)
Density. Each lot or parcel of land shall have not less than 1,800 square feet per dwelling unit, except as herein provided. The number of permitted units shall be equal to the quotient, rounded off to the nearest whole integer, resulting from dividing the number of square feet of the lot by 1,800. Quotients ending exactly in 0.5 shall be rounded off to the next higher whole integer.
(b)
Lot Width. Except as otherwise provided in Article 8 of this chapter, each lot or parcel of land shall have a minimum average lot width of not less than 50 feet.
(c)
Yards. Except as otherwise provided in Article 9 of this chapter, the following yard requirements shall apply:
(1)
Front Yards. Each lot or parcel of land shall have a front yard of not less than 15 feet in depth. Garages and parking areas facing a street shall be located a minimum of 25 feet from the curb or proposed curb line.
(2)
Side Yards. Each lot or parcel of land shall have a side yard of not less than five feet in width, except on the street side of a corner or reversed corner lot, which shall have a side yard of not less than 10 feet in width. Garages and parking areas facing a street shall be located a minimum of 25 feet from the curb or proposed curb line.
(3)
Rear Yards. Each lot or parcel of land shall have a rear yard of not less than five feet in depth. Ancillary structures abutting an alley including, but not limited to, garages, carports, and parking areas, shall be located a minimum of five feet from the alley line.
(d)
Height Limits. No lot or parcel of land shall have a building or structure in excess of two stories or 35 feet in height, whichever is less.
(e)
Lot Area Building Coverage. No more than 50% of the lot area of any lot or parcel of land shall be covered by roofed structure(s) of any kind.
(f)
Off-Street Parking. Each lot or parcel of land shall comply with the parking requirements set forth in Article 11 of this chapter.
(g)
Signs. Each lot or parcel of land may have signs which are allowed within this zone pursuant to the provisions of Article 12 (Signs) of this chapter.
(h)
Public Outdoor Living Space.
(1)
(2)
This area shall be designed for and used for outdoor living, recreation, or landscaping on the ground, an unenclosed balcony, or roof top and may include patios and deck areas of swimming pools, and rear yards. Side yards may be used for outdoor living space if the minimum area shall be not less than 10 feet in width. No portion of off street parking space, driveways, pedestrian access ways to buildings or front yard shall constitute outdoor living space.
(i)
Landscaping. Each lot or parcel of land shall be landscaped in accordance with Article 15 (Landscaping) of this chapter of the Artesia Municipal Code.
(j)
Trash Containers.
(1)
All new developments or modifications to existing developments with three or fewer dwelling units shall have a concrete paved and designated area for trash containers that is screened and hidden from public view with landscaping or that is incorporated into the interior of the residential building.
(2)
All new developments or modifications to existing developments with four to seven dwelling units shall provide a trash enclosure area that complies with all of the following criteria:
(i)
The trash enclosure shall either be incorporated into the interior of the building or be constructed outside of the residential building and made of decorative block walls at least six feet in height. The block walls shall be constructed with or composed of split face, slump stones, stucco finish or other similar materials, and the exterior walls of the trash enclosure shall be screened with either creeping vines or shrubs.
(ii)
The trash enclosure shall include solid screened gates, which shall remain closed at all times other than as necessary for ingress and egress to the trash container.
(iii)
All trash containers shall be placed within the trash enclosure area, and the trash enclosure area shall be kept clean and free of debris and maintained properly.
(iv)
The trash enclosure area shall provide a six inch raised curb along the inside of the trash enclosure, except across the opening of the trash enclosure area.
(v)
Trash enclosures shall comply with the minimum front yard requirements as set forth in Section 9-2.2904(c)(1) of the Artesia Municipal Code.
(vi)
All trash enclosure areas shall comply with the City's Storm Water Management and Discharge Control Ordinance and the City's NPDES (National Pollution Discharge Elimination System) permit, as amended from time to time, and as determined by the City Engineer.
(3)
All new developments or modifications to existing developments with eight or more dwelling units shall provide a trash enclosure area that complies with all of the criteria listed in subparagraph (2) of this Subsection (i) and shall be constructed with a solid roof structure that has downspouts that direct water runoff towards a landscaped area.
(k)
Air Conditioner Unit(s). The installation, placement and location of air conditioner unit(s), including window, wall and rooftop units, shall comply with the following standards:
(1)
Window and wall air conditioning units shall not be located: (i) in or facing the front yard; or (ii) in or facing a side yard of a corner lot that is adjacent to a street.
(2)
Rooftop air conditioner units shall not be permitted unless: (i) located on the rear 50% portion of the roof and not on the front facing hip of the roof; and (ii) screened from public view from all sides with a screening structure which is designed to match the existing roof architecture, color and materials to the maximum extent practicable.
(l)
Landscape accessories, when located within the front or side yard setback shall not exceed three feet six inches when measured from the ground level and shall not encroach into or overhang the sidewalk or public right-of-way. Landscape accessories, when located in a front or side yard but outside of the front or side yard setback may not exceed six feet when measured from the ground level, unless reviewed and approved by the Planning Director or designee pursuant to administrative review and approval provisions of Section 9-2.1509 of this Code.
(Ord. 159, § 33.04; Ord. 222, § 1; Ord. 264, § 3; Ord. 285, § 3; Ord. 394, §§ 3, 4; Ord. 685, § 14; Ord. 07-711, § 8; Ord. 07-723, § 6; Ord. 09-751, § 8; Ord. 12-781, § 12; Ord. 12-785, § 23)
§ 9-2.2905 Nonconforming Structures.
Any structure made nonconforming by the adoption of Ordinance No. 264 shall be exempted from the amortization requirements of Section 9-2.2102(b).
(Ord. 159, § 33.05; Ord. 264, § 3)