Artesia City Zoning Code
ARTICLE 8
Lots
§ 9-2.801 Minimum Area Requirements: Exceptions.
The required area of a lot or parcel of land shall be not less than the area indicated by this chapter, except under the following special conditions:
(a)
Subdivisions. In subdivisions the required lot area shall be the area of a lot or parcel of land shown as a part of a subdivision for purposes of sale when recorded as a final map or on file as a Record of Survey Map approved as provided in the Subdivision Map Act or in Chapter 3 of this title.
(b)
Preexisting Parcels. For preexisting parcels the required lot area shall be the area of a lot or parcel of land, the right of possession of which, by virtue of a deed duly recorded or by a recorded contract of sale, is vested in a person who neither owns nor has the right of possession of any contiguous parcel of property provided the deed or contract of sale by which such right of possession was separated was recorded prior to March 8, 1971.
(c)
Parcels of Land Divided by Boundary Lines. Where a parcel of land would otherwise have been shown as one lot is divided into two or more lots because of a City boundary line, the required lot area shall be the total area of such parcel of land.
(d)
Land Divisions Under the Land Title Law. Where a parcel of land which would otherwise have been shown as one lot is divided into two or more lots because of a line drawn between land, the title to which was registered under the Land Title Law (Torrens Title), and land, the title to which was not so registered, the required lot area shall be the total area of such parcel of land.
(Ord. 159, § 71.01; Ord. 310, § 4)
§ 9-2.802 Minimum Area Requirements: Land Subject to Easements.
The required lot area of a lot or parcel of land subject to a street or highway easement or other public or private easement, where the owner of the servient tenement does not have the right to use the area, shall be as indicated by the zoning symbol provided the provisions of Section 9-4.801 of this article do not apply to such lot or parcel of land.
(Ord. 159, § 71.02)
§ 9-2.803 Minimum Area Requirements: Corner Cutoffs.
A corner lot or parcel of land subject to a street or highway easement for a corner cutoff, where the owner does not have the right to use the entire surface area of the lot or parcel of land, shall be considered to have the required lot area as indicated by the zoning symbol provided:
(a)
The required area for such lot or parcel of land is less than one acre and the area included in the corner cutoff does not exceed 5% of the required area indicated by the zoning symbol; and
(b)
The provisions of Section 9-2.801 of this article do not apply to such lot or parcel of land.
(Ord. 159, § 71.03)
§ 9-2.804 Increased Area Requirements.
Where a particular use is permitted by the provisions of this chapter only where such use is established on a lot or parcel of land having an actual area greater than the area indicated as required by the zoning symbol, then such higher area requirement shall prevail for the lot or parcel of land upon which such use is located.
(Ord. 159, § 71.04)
§ 9-2.805 Division or Conveyance of Lots Having Less Than the Minimum Area Requirements.
Except as otherwise provided in this article, a person shall not divide any lot or parcel of land and shall not convey any lot or parcel of land, or any portion thereof, if, as a result of such conveyance, the area of any lot or parcel of land so reduced, or a lot or parcel of land so created, is in violation of the provisions of this article.
(Ord. 159, § 71.05)
§ 9-2.806 Use of Lots Having Less Than the Minimum Area Requirements.
Where a portion of a lot or parcel of land is sold or transferred and, as a result of such sale or transfer, one or more parcels are created of such an area as to no longer conform to the requirements of this article, then, in the determination of the permissible number and location of any building on any lot or parcel of land so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one parcel.
(Ord. 159, § 71.06)
§ 9-2.807 Agreements Made Contrary to Provisions for Lot Area Requirements.
Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this chapter with regard to lot area shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his or her heirs, personal representatives, or trustees in insolvency or bankruptcy, within one year after the date of the execution of such deed or conveyance, sale, or contract to sell shall be binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase (other than those enumerated above) and shall also be binding upon the grantor, vendor, or person contracting to sell and his or her assignees, heirs, or devisees.
(Ord. 159, § 71.07)
§ 9-2.808 Lot Area Requirements Reduced by Public Use.
If a lot or parcel of land has not less than the required lot area and, after the creation of such lot or parcel of land, a part thereof is acquired for a public use, other than for street or highway purposes, in any manner, including dedication, condemnation, or purchase, and if the remainder of such lot or parcel of land has not less than 80% of the area indicated by the number which follows the zoning symbol, such remainder shall be considered as having the required area. If no number follows the zoning symbol, the required area shall be as set forth in Section 9-2.801 of this article.
(Ord. 159, § 71.08)
§ 9-2.809 Lot Area Requirements Reduced for Street and Highway Uses.
If a lot or parcel of land has not less than the required lot area and, after the creation of such lot or parcel of land, a part thereof is acquired for street or highway purposes, exclusively, in any manner, including dedication, condemnation, or purchase, and if the remainder of such lot or parcel of land has not less than 75% of the required area, provided the remaining portion of such lot or parcel of land has an area of not less than 2,400 square feet, or an area as is otherwise provided in this article, the Commission, without notice or hearing, may approve a reduction of the lot area to 75% of the required area where the remaining parcel would have less than 2,400 square feet, but not less than 2,000 square feet, where topographic features, subdivision design, or other conditions create an unnecessary hardship or unreasonable limitation making it obviously impractical to comply with the minimum area requirements set forth in Section 9-2.801 of this article.
(Ord. 159, § 71.09)
§ 9-2.810 Lot Area Requirements Reduced for Street and Highway Uses: Credits for Off-Street Parking.
(a)
Wherever the area of a lot or parcel has been reduced by City acceptance of a voluntary, uncompensated dedication to the City for street purposes, without the payment of severance damages by reason of the reduction of the parking area, the Planning Director shall establish a credit for such lot or parcel against the off-street parking requirements provided by this chapter in the amount of one space for each 300 square feet, or major fraction thereof, of area dedicated but not less than the actual loss of parking spaces caused by such dedication, as reasonably determined by the Planning Department or, upon appeal therefrom, by the Commission. Such credit, when once established, shall be made a matter of record and shall be permanently available for future use. A certificate evidencing such credit shall be issued to the owner of record of such property and to the interested occupants thereof.
(b)
No credit shall be so established for any dedication accepted prior to April 7, 1971.
(c)
The provisions of this section shall not apply to any dedication required or accepted as a condition or plan feature in the course of subdivision, lot division, rezoning, variance, conditional use permit, or plot plan development proceedings.
(d)
No credit established pursuant to the provisions of this section shall reduce the off-street parking requirements for any residential development to less than one parking space per dwelling unit, unless the Planning Director determines that the maximum number of parking spaces which can be provided on the lot, giving due regard to the existing improvements, the permanent physical arrangement of the lot, and the existing zoning and building laws, is below such minimum requirement. Such determination shall be specified on the certificate issued as set forth in Subsection (a) of this section. Appeals by interested parties from such determinations by the Planning Director shall be heard by the Commission on the earliest practicable date. The decision of the Commission shall be final and shall not be further reviewed.
(Ord. 159, § 71.10)
§ 9-2.811 Minimum Width Requirements.
(a)
Minimum Lot Width. Unless otherwise provided in this chapter, the average required width of a lot or parcel of land shall be not less than 50 feet.
(b)
Average Width Defined. For the purposes of this section, average width shall mean the average width of a portion of a lot or parcel of land, which portion has been the required area, or the average width of that portion of an irregularly shaped lot or parcel of land, which portion is determined by the Planning Board to be an adequate building site.
(c)
Required Width Defined. For the purposes of this section, "required width" shall mean the average width of a lot or parcel of land, the right of possession of which, by virtue of a deed duly recorded or by a recorded contract of sale is vested in a person who neither owns nor has the right of possession of any contiguous parcel of property.
(Ord. 159, § 72.01)
