Premises in the General Commercial (C-G) 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) Automobile service stations pursuant to Section
9-2.3204 of this chapter. A self-service car wash may be allowed as an accessory use to an automobile service station if such accessory use is specifically authorized by the conditional use permit or a modification thereto.
(b) Retail sales and installation of the following automobile accessories: automobile stereos, automobile speakers, automobile amplifiers, automobile audio processors, automobile subwoofer systems, automobile video systems, automobile security systems, automobile radar and laser detector systems, and automobile GPS navigation systems, provided that the installation of these items and systems are conducted within an enclosed building.
(c) Retail sales of automobile tires, wheels and rims, and the incidental installation of these items, and front-end alignment and replacement or repair of brakes, provided the installation of these items are conducted within an enclosed building and the property lot size is at least 10,000 square feet.
(d) Drive-in and drive-thru restaurants;
(e) Bars and cocktail lounges;
(h) Automobile sales agencies, including incidental body and fender work, automobile repair and painting and upholstering services, providing all such incidental services are conducted in an enclosed building;
(j) Horticultural retail sales nurseries;
(l) Sales of alcoholic beverages for consumption of alcoholic beverages off the premises, provided that such use complies with the following criteria:
(1) Such use shall not be located within 1,000 feet from any other use where off-premises alcoholic beverages are sold;
(2) Such use shall not be located within 600 feet from a church, school, playground or park;
(3) Such use shall not be located within 100 feet of any residential zone;
(4) Such use shall not be located on the same lot or parcel or, in conjunction with any premises, which operates an automobile service station or sells gasoline or fuel to the public for the operation of motor vehicles.
(m) Bakery shops, including baking only when incidental to retail sales from the premises;
(n) Parking lots and parking buildings pursuant to the provisions of Article 11 of this chapter;
(q) Driving and traffic schools, passenger vehicle only;
(r) Adult day health care (ADHC) facilities, excluding medical offices, nonambulatory, and overnight care.
(s) Indoor swap meet, pursuant to a blanket conditional use permit for all individual vendors within the same building provided that such use complies with the following criteria:
(1) The indoor swap meet use shall be allowed only as an incidental use within the floor area of a major anchor tenant. The major anchor tenant, as defined in Section
9-2.414, shall be a retail store having at least twenty thousand (20;000) square feet.
(2) No more than 5% of the usable floor area of the major anchor tenant shall be occupied by an indoor swap meet.
(3) All retail sales shall be conducted solely within designated leasable vendor booth spaces. Vendor booth spaces shall be located exclusively indoors.
(4) No merchandise or obstruction related to the swap meet vendors shall be located outside permanent vendor spaces.
(5) Vendor booth spaces shall be maintained as delineated on a master floor plan which specifically identifies the location and square footage of each leasable booth area.
(6) Only one tenant per vendor booth space shall be allowed.
(7) Only retail uses are permitted.
(8) A City business license shall be obtained by each tenant operating a booth space which shall be displayed in a conspicuous place within the booth space.
(t) Motion picture theaters provided that such uses comply with the following criteria:
(1) The motion picture theater shall be located within a commercial development, where a minimum of 40% of the uses, exclusive of the motion picture theater, derive their revenues from retail sales.
(2) The minimum lot size of the commercial development, where such motion picture theater is located shall be not less than three acres.
(3) The premises shall not be operated as an adult-oriented motion picture theater as defined in Article 3 of Chapter 2 of Title
3 (Adult-Oriented Businesses) of the Artesia Municipal Code, unless the motion picture theater complies with the separation requirements from sensitive uses as specified in Section
3-2.303 and the applicant obtains a permit therefor in compliance with Article 3 of Chapter 2 of Title
3 (Adult-Oriented Businesses) of the Artesia Municipal Code.
(4) All other development standards of this article and Articles 6 through 15 of this chapter shall be met.
(u) Other similar uses which the Planning Commission and City Council find to be substantially similar to the above enumerated uses and which, because of the special problems necessary to integrate the use with the surrounding neighborhood, require the issuance of a conditional use permit;
(v) Wireless telecommunication facility sites, antennas and monopoles, in accordance with the development standards contained in Article
42 of this chapter.
(w) Computer Internet access businesses, provided such uses shall satisfy and comply with the following minimum location and operational standards:
(1) The business shall not be located within 500 feet of any public or private school or facility that provides educational or recreational services, or both such services, to children 18 years of age or younger. This separation requirement shall be construed to apply to, and restrict the location of, computer Internet access businesses within 500 feet of any nursery primary or secondary school, as well as any school or facility providing any youth-oriented programs or services such as day care, tutorial programs or athletic programs.
(2) The permitted hours of operation of the business are from 8:00 a.m. to 10:00 p.m., Sunday through Thursday, and 8:00 a.m. to 12:00 a.m. (midnight), Friday and Saturday; provided, however, that minors must be accompanied by a parent or legal guardian after 10:00 p.m.
(3) No minors shall be allowed in the business after 8:30 a.m. or before 3:00 p.m. on regular school days unless accompanied by a parent or legal guardian.
(4) The front windows shall not be tinted or otherwise covered during normal business hours so as to maintain an unobstructed view into the business suite from the outside.
(5) Adequate lighting shall be maintained inside the business and in the parking area.
(6) The front door shall remain open, unlocked and unobstructed during regular business hours.
(7) No rear access to the business shall be allowed except for emergencies.
(8) An adult manager, age 25 years or older, shall be on site during business hours and shall be responsible for maintaining order inside the establishment and on the property.
(9) Signs shall be posted prohibiting loitering and curfew violations. The signs shall refer to the applicable provisions of State and local law restricting such activity.
(10) No alcoholic beverages and no unlawful activity shall be allowed on site.
(11) Police quality video surveillance shall be established, operated and maintained on the site, which system shall be accessible to the Sheriff's Department upon request.
(12) The operator shall permit law enforcement to have access to the business during regular business hours.
(13) Other operational conditions may be imposed as part of the issuance of the conditional use permit, including conditions limiting the duration of the permit and permitting revocation under specified circumstances.
(x) Ice skating and roller skating rinks with associated retail uses.
(bb) Churches and other places of religious worship, provided such uses shall satisfy and comply with the development standards set forth in this Subsection (bb) and Article
41 of this chapter:
(1) The building frontage of the building unit or tenant space for the use shall not exceed 10 feet;
(2) The building unit or tenant space for the use shall not exceed 5,000 square feet of floor area;
(3) The rear and side yard setbacks for the building unit or tenant space shall be at least 130 feet from any residentially zoned property, as measured from the rear and side property lines of the parcel on which the use is to be located;
(4) The front yard setback for the building unit or tenant space shall be at least 150 feet, as measured from the front property line of the parcel on which the use is to be located to the building unit or tenant space; and
(5) Notwithstanding Section
9-2.4101(a)(2) of Article
41, the use shall not be located closer than 1,000 feet from any other church or other place of religious worship. For purposes of this Subsection (bb)(5), the distance shall be measured from property line to property line.
(cc) Archery/sporting goods retail businesses, with incidental services, in addition to the standard criteria for the approval of a conditional use permit, shall satisfy the following criteria:
(1) If incidental services include use of an archery range, the range shall be certified by the National Field Archery Association;
(2) The use shall have an active certificated charter with the National Field Archery Association;
(3) If incidental services include use of an archery range, the range shall only be indoors if adjacent to a residentially zoned property or residential uses;
(4) No minors shall be allowed in the business after 8:30 a.m. or before 3:00 p.m. on regular school days, unless accompanied by a parent or legal guardian;
(5) The front windows of the subject building shall not be tinted or otherwise covered during normal business hours so as to maintain an unobstructed view into the building from the outside;
(6) Adequate lighting shall be maintained inside the subject building and in the subject parking area;
(7) The front door of the subject building shall remain open, unlocked and unobstructed during regular business hours;
(8) No rear access to the subject building is permitted, except for emergencies or as otherwise required by the City's Building Code;
(9) An adult manager, age 25 years or older, shall be on site during business hours and shall be responsible for maintaining order inside the use and on the subject property;
(10) Signs shall be posted prohibiting loitering and curfew violations, which signs shall refer to the applicable provisions of State and local law restricting such activity;
(11) No alcoholic beverages and no unlawful activity shall be allowed on the subject site;
(12) Police quality video surveillance shall be established, operated and maintained on the subject site, which system shall be accessible to the Sheriff's Department upon request;
(13) The business operator shall permit law enforcement to have access to the business during regular business hours; and
(14) Other operational conditions may be imposed as part of the issuance of the conditional use permit, including conditions limiting the duration of the permit and permitting revocation under specified circumstances, subject to notice and hearing.
(dd) Restaurants, including on-site sales of alcoholic beverages, where outdoor dining facilities are provided.
(ee) Markets, grocery stores and supermarket food stores, containing incidental cooking and preparation of baked goods, ready-to-eat food products, and hot foods, and/or restaurants, and/or banks, whether or not for sub-lease, provided that such use or uses and any related product display and seating area does not exceed 30% of the gross floor area of the market, grocery store or supermarket, subject to these restrictions:
(1) The market, grocery store or supermarket food store has a gross floor area of at least 5,000 square feet.
(2) A bank provided the bank does not occupy more than 2% of the gross floor area. For purposes of this section, an automated teller machine (ATM) by itself and not in conjunction with other banking services, shall not constitute a bank. However, if other banking services are provided so as to qualify as a bank under this section, the floor area used in connection with the ATM shall be counted toward the total amount of floor area that may be devoted to the bank.
(ff) Automobile EV Charging Stations. Electric Vehicles (EV) charging stations and other sustainable/green construction applications and a Drive-Thru Car Wash with vacuum stations, may be allowed as primary uses subject to a conditional use permit when combined with existing or proposed retail and restaurant uses per Section
9-2.3202 of this Code subject to these following restrictions:
(1) The minimum property lot size shall be 43,000 square feet.
(2) The EV charging stations and drive-thru car wash will be fully automated with wash and rinse services with dedicated self-vacuum parking stations.
(3) The required parking for the drive-thru car wash station will be in the form of vacuum stations at a rate of not less than one parking space per 250 square feet of gross floor area of drive-thru car wash and shall provide any and all required American Disability Act (ADA) parking. All required parking for the retail and restaurant shall be in accordance with Article 11 (Off-Street Parking and Loading) of Chapter 2 (Zoning) of Title
9 (Planning and Zoning).
(4) The Drive-thru car wash must have the minimum vehicle queueing of five vehicles. If the queueing of vehicles results in negative impacts to the flow of vehicular or pedestrian traffic in the public right-of-way, or to the general health, safety, and welfare of the public, the City is authorized to require a vehicle queueing management plan, which shall address said negative impacts to the sole satisfaction of the City. The City shall be authorized to impose reasonable conditions of approval to eliminate or mitigate any negative impact of the vehicle queueing.
(5) The drive-thru car wash must provide EV charging stations at a rate of not less than one EV parking space per 500 square feet of gross floor area of drive-thru car wash.
(6) The drive-thru car wash must not exceed 75 percent of the total gross floor area proposed or existing principal uses.
(7) The Drive-thru car wash must obtain all necessary licenses, approvals, and permits from all applicable local, County, State, and Federal public agencies.
(8) In addition to the development standards as set forth in Section
9-2.3205, the Drive-thru car wash must meet the following development standards:
(i) The automated drive-through car wash structure/building shall comply with the following minimum setbacks:
(9) The existing or proposed retail and restaurant uses shall be a minimum of 6,200 square foot.
(Ord. 159, § 43.03; Ord. 187, § 1; Ord. 226, § 3; Ord. 228, § 3; Ord. 291, § 1; Ord. 324, § 1; Ord. 385A, §§ 4, 5; Ord. 385, §§ 4, 5; Ord. 502, § 1; Ord. 503, § 2; Ord. 531, § 5; Ord. 560, § 6; Ord. 575, § 10; Ord. 576, § 3; Ord. 587, § 10; Ord. 591, § 4; Ord. 606, § 6; Ord. 626, § 12; Ord. 631, § 8; Ord. 650, Ord. 655, § 6; § 7; Ord. 662, §§ 6, 7; Ord. 07-701, § 6; Ord. 07-713, § 6; Ord. 08-727, § 6; Ord. 08-728, § 6; Ord. 08-736, § 11; Ord. 14-813, § 6; Ord. 15-825, § 6; Ord. 19-880, § 11; Ord. 19-882, § 11; Ord. 20-905, § 6; Ord. 21-918, § 5; Ord. 22-932, § 6; Ord. 22-934U, § 6; Ord. No. 24-952, 5/13/2024)