A.   Application: Persons wishing to conduct a "home business" as defined in section 9-2-2 of this title shall submit an application. Applications shall be reviewed by the city department responsible for planning and zoning together with the Artesia planning and zoning commission.

   B.   License Required; Fire And Safety Standards: For purposes of code inspection, a home business occupation license is required in zones R-1A, R-1B, R-2, SA-1, SA-2, PUD, MH and SU-1. All home based businesses, regardless of zoning, will meet the minimum fire and safety standards found in the international property maintenance code. In addition, where the general public will be entering the home business, compliance with the following sections of the international fire code will be required: section 304 - combustible waste materials, section 308 - open flames, section 906 - fire extinguishers, chapter 10 - means of egress, and chapter 27 - hazardous materials.

   C.   Home Business License: Persons making application for a home business license may not initiate business activity, or begin material storage or advertisement until successfully completing the application process and after issuance of the business license. (Ord. 887, 4-24-2012)

   A.   Filing Application; Deposit: The application shall be made in writing to the city department responsible for planning and zoning, in the following manner:

      1.   The completed and signed application shall be submitted to the city department responsible for planning and zoning.

      2.   The city council shall establish a schedule of fees for such action by resolution. The schedule of fees may be altered or amended from time to time by action of the city council with a resolution.

   B.   Contents Of Application:

      1.   Statement: The application shall contain a short, narrative statement, setting out the following:

         a.   The applicant’s/operator’s name.

         b.   The business name.

         c.   The mailing address for the business.

         d.   The street address of the home property sought to be used for the license.

         e.   The nature of the business to be conducted on the premises (including specific details of materials used, work steps and operations, and services supplied).

         f.   A drawing of the lot showing the orientation of the building on the lot and the floor plan of the building. (Note on drawing any areas of the building proposed for use for the business.)

         g.   The hours and days of week that the business will be kept open (including any pertinent details concerning seasonal activity).

         h.   A statement describing the method used to deliver merchandise or provide service which is the end result of the home business.

         i.   A statement indicating that applicant may be hiring workers that perform activities away from the home property.

         j.   Any additional state, federal or professional license or certification which may restrict or regulate the activities related to or performed at the home business as stated in the application and is required for the legal and proper performance of said home business.

         k.   Any other information that the city may deem necessary for proper evaluation and recommendation of the application.

         l.   An agreement to comply with all present or future laws or ordinances, together with an agreement to comply with all regulations pertaining to home businesses within the city.

         m.   Proof of home ownership. If applicant is not the homeowner, then he shall provide a letter from the homeowner consenting to the business.

      2.   Hours Of Operation: Applicant shall fix specific hours and state times of business operation in the application.

   C.   Telephone And Computer Use: If the only business activities to be conducted within the home consist of telephone and computer use by the applicant, or if the business to be conducted is to prepare and sell homemade food items in compliance with the New Mexico Homemade Food Act, then the application may be reviewed and approved by the city planning and zoning department staff. After issuance, the licensee shall otherwise comply with sections 9-12-3 through 9-12-15 of this chapter. If approved, then the city department responsible for planning and zoning shall notify the city clerk to issue a business license.

   D.   Requirements For Business Activities Other Than Telephone And Computer Use, And Other Than A Business For The Preparation And Selling Of Homemade Food Items In Compliance With The New Mexico Homemade Food Act: If additional or other business activities will be conducted within a home, or for purpose of issuance of a business license for all other type businesses, then the following is additionally required with the application:

      1.   Opinion Of Adjacent Property Owners: If the home property lies within an area which has been zoned for a use which prohibits the requested use of the property sought by applicant, the application shall be accompanied by the written statements of a majority of the record property owners, within a three hundred thirty foot (330') radius of the property sought to be used for the license, giving their opinions of the effect of the proposed business or operation or use upon the neighborhood. Subdivision covenant review committees and/or valid neighborhood associations shall be notified in addition to adjacent property owners. Applicant shall also separately comply with restrictive subdivision covenants and directives of these neighborhood associations or committees and shall detail compliance and contact in the narrative application statement. The applicant shall utilize door to door surveys or other methods to notify adjacent property owners and secure their comments. Survey methods, other than door to door, are required to be approved by the city department responsible for planning and zoning.

      2.   Time For Submitting Application: The application and accompanying documents shall be submitted to the city department responsible for planning and zoning at least fourteen (14) days prior to the next regular meeting of the planning and zoning commission. Otherwise, action on the application shall be deferred to the next regular meeting of the commission; provided, however, that the commission shall have the right to waive the requirement of this subsection for good cause shown.

      3.   Processing Application: Upon receipt of such application:

         a.   The city department responsible for planning and zoning shall distribute copies of the application to relevant city departments for review and to each member of the commission.

         b.   The city department responsible for planning and zoning shall schedule a hearing before the commission.

      4.   Deferral Of Action For Information: If, after receiving an application as provided in this chapter and after investigation and consideration by the commission, additional information seems desirable, then action on the application shall be deferred until the next regular meeting and unto successive meetings until all such information becomes available and has been properly studied. In the absence of such desired information, then the commission will find that granting of the application would in fact damage the comprehensive zoning plan and will result in a “nay” vote.

      5.   Hearing Before Action: Applications shall be scheduled to be heard at regularly scheduled meetings of the Artesia planning and zoning commission and the Artesia city council. The commission shall act only on a completed application properly posted on the meeting agenda and in complete accordance with this chapter. No action shall be taken by the commission on any application, unless the applicant shall appear before the commission for hearing, either in person or by agent. No application shall be scheduled for public hearing or other action by the Artesia city council prior to review and positive recommendation by the commission. Applicant’s appearance at the public hearing before the city council is optional. (Ord. 887, 4-24-2012; amd. Ord. 975, 9-22-2015; Ord. O-1111, 6-27-2023)

As a condition to issuance of the license and to its continuation, applicant agrees, by submitting application, to comply with all present and future state laws and all ordinances of the city of Artesia, including, but not limited to, the international property maintenance code. In addition, where the general public will be entering the home business, compliance with the following sections of the international fire code will be required: section 304 - combustible waste materials, section 308 - open flames, section 906 - fire extinguishers, chapter 10 - means of egress, and chapter 27 - hazardous materials. Additionally, applicant agrees to abide by any separate pertinent regulations pertaining to a home business license which may be in force or hereafter enacted by the city. (Ord. 887, 4-24-2012)

The home business license shall allow only the scope of work and activity stated on the application, recommended by the planning and zoning commission and approved by the Artesia city council. Any addition or modification to the scope of work or activities after issuance of a license shall be cause to find the operator and/or the applicant in violation of this chapter. (Ord. 887, 4-24-2012)

   A.   Additional Licenses Required: Applicant shall secure and maintain all state, federal or other professional business licenses and/or certificates as required by any other licensing agency for restricting or regulating the operation of the activity taking place at the home property. Revocation of said certificate or license by any licensing agency shall be cause for immediate revocation of the Artesia home business license.

   B.   Transfer Of License: Home business licenses may not be transferred to another location or to another person or entity or modified in any manner without applicant having to repeat the application process.

   C.   Termination Of License: The Artesia city council and/or the building inspector/code enforcement officer shall, upon evaluation and finding of noncompliance at any time with any provision of this chapter, or other applicable laws or regulations, have the authority to terminate the home business license, subject to appeal by the applicant for a hearing before the city council. (Ord. 887, 4-24-2012)

   A.   Classification Of Business: The planning and zoning commission shall have authority to classify and allow any business not prohibited by subsection 9-12-7B of this chapter and make recommendations to the council based on the merits of that business.

   B.   Imposing Restrictions: The planning and zoning commission and the Artesia city council may impose restrictions and/or stipulations upon the home business including utilities, parking, and other aspects of business operation. Applicant shall agree to follow said stipulations prior to recommendation by planning and zoning commission to the council. Failure to adhere to restrictions and/or stipulations after issuance of a license shall be cause to find the operator in violation of this chapter and to revoke the license. (Ord. 887, 4-24-2012)

   A.   Permitted Businesses: Service businesses, and/or state licensed contracting businesses that perform no fabrication work at the home property, where all work is done away from the home property and/or only bookkeeping for the home business is done at the home property, the preparation and selling of homemade food items in compliance with the New Mexico Homemade Food Act, and any other business not prohibited by subsection B of this section.

   B.   Prohibited Businesses: Activities prohibited as home businesses shall include, but not be limited to, the following:

      Automotive repair, including mechanical and bodywork and painting.

      Automotive sales of more than three (3) units per year.

      Barbershops.

      Beauty parlors, including nail salons and hair dressers.

      Child daycare unless conforming to all Artesia municipal codes and licensed by proper state authorities and approved by the planning and zoning commission and the Artesia city council.

      Food service and preparation, except for the preparation and selling of homemade food items in compliance with the New Mexico Homemade Food Act.

      Furniture finishing or refinishing, including upholstery.

      Furniture making.

      Massage therapist.

      Photography, negative development or printing.

      Retail sales of any kind.

      Small engine repair.

      Tattoo, piercing, branding or other type of cosmetic enhancement or modification.

      Welding or metal fabrication. (Ord. 887, 4-24-2012; amd. Ord. O-1111, 6-27-2023)

   A.   Parking: Parking for home businesses shall be limited to existing spaces located on the home property. Home business operators may not designate alley frontage or on street parking areas adjacent to or across the street from the home property.

   B.   Accessory Structures: Existing accessory structures which are separate from the main residence and are located on the home property may be designated for material storage or other business function of the home business. Designation of such area for such use shall be clearly detailed in the application. Construction of or use of additional areas and/or accessory buildings is not permitted unless so designated in the application and approved by the council. Any accessory building constructed for business use shall be clearly detailed in the application and shall be designed to conform to the surrounding building types in appearance and shall blend with the surrounding residential aesthetics. Accessory buildings constructed for business use shall not be larger than two hundred (200) square feet in floor plan unless otherwise presented to and approved by the city council as part of the application. All accessory construction shall comply with city ordinances, and the building code and fire code specifications for occupancy and/or storage of materials. After issuance of a business license, the operator shall not erect any additional structures on the property to accommodate the home business operation.

   C.   Modification Of Building: Nothing shall be done to the existing building to make it or the premises appear in any way as anything other than a residential dwelling. Additional entry doors shall not be installed to accommodate the home business operation.

   D.   Signs And Advertising: Applicant shall be allowed only one nonilluminated sign no larger than one square foot in area. The sign shall be attached to the building. The home property address shall not be listed on business cards, business vehicles, or newspaper, radio or television advertisements. (Ord. 887, 4-24-2012)

Only persons that are of the immediate family, according to the name of the operator/applicant stated on the application papers, who reside at the home property are allowed to work at or within the home property. (Ord. 887, 4-24-2012)

   A.   Sales Of Merchandise: Merchandise shall not be sold at the home property, except for the selling of homemade food items in compliance with the New Mexico Homemade Food Act.

   B.   Materials Storage: There shall be only limited storage of materials used for the business and there shall be no display of merchandise at the home property. The operator of the home business shall maintain a materials safety data sheet for all materials related to the business and as directed by the fire marshal. All materials stored at the home property shall be listed, with detailed quantities, in the application. Storage of materials used for the business not listed in the application is not permitted.

   C.   Generation Of Objectionable Conditions: The home business operation shall not produce any smoke, vibration, dust, fumes, heat, humidity, glare, electrical interference, noise, smell or other obnoxious condition objectionable to adjacent owners. The applicant shall state adequate detail in the description of the activity to be performed at the home property so that the planning and zoning commission may evaluate the generation of any objectionable condition that it thinks may result during the home business operation. The building inspector/code enforcement officer shall have authority to evaluate objectionable conditions and revoke any licensed home business operation not in compliance.

   D.   Use Of Mechanical Equipment: Mechanical equipment used in the home business operation shall be only that which is normally used in, or found within, a single-family dwelling. (Ord. 887, 4-24-2012; amd. Ord. O-1111, 6-27-2023)

   A.   Intent: It is the intent of this section that all nonconforming activities shall be eventually eliminated.

   B.   Damage To Or Destruction Of Home Property: If the home property of a nonconforming activity is damaged or destroyed by fire, explosion, act of God or the public enemy, then any restoration of the structure may be used only for the continuation of the original nonconforming activity.

   C.   Existing Activities:

      1.   Passage of this section in no way legalizes any illegal activities existing at the time of its adoption.

      2.   Existing activities of types eligible for special use permits in chapter 5 of this title shall not be termed nonconforming activities, and the proprietor shall apply for a special use permit for the existing activity. (Ord. 887, 4-24-2012)

Home businesses may be required to pay commercial rates and fees for solid waste, water and sewer utilities or any other fee that may be recommended by the planning and zoning commission and/or imposed by the city council as a condition to issue a license. Fees may be imposed upon inspection of the home property by the city building inspector/code enforcement officer and/or the city fire marshal as indicated by the inspection and at the discretion of the infrastructure director. (Ord. 887, 4-24-2012)

   A.   Entry Powers: The city building inspector/code enforcement officer, the city fire marshal or their agents shall be granted access to the home property for code enforcement inspection during the application process and during regular business hours of the licensed home business operation.

   B.   Scope Of Inspection: Scope of inspection shall be confined to the portion of the home property designated for use in the execution of the home business, and such additional portions of the property which could have a reasonable impact on the safety of persons on the premises. Inspection shall include, but is not limited to, the building, accessory structures, materials safety data sheet and any proof of current certification by any other licensing entity issuing certifications or licenses for the specific type of activity occurring at the home property. Where a home business exists that does not invite the general public into the home and no hazardous processes or storage is occurring, an inspection of the home may not be required. This determination is to be made by the building inspection/code enforcement officer or the city fire marshal.

   C.   Time For Inspection: The home property shall be inspected prior to review by the planning and zoning commission, and results of such inspection shall be addressed on the application.

   D.   Inspection Results: The city planning and zoning commission, city council, building inspector/code enforcement officer and fire marshal shall be allowed to require modifications be made to the building to meet building code standards to accommodate the business. Modifications are not required for application and so may be made after approval of the license by the city council. However, modifications must be complete before issuance of the home business license and before the start of any business activity.

   E.   Inspection A Condition Of License: Continuance of the business license is contingent on a positive recommendation and report from the building inspector/code enforcement officer and/or fire marshal after any inspection. Failure to allow inspectors to examine the home property shall be cause to find the operator in violation of this chapter and shall be grounds for immediate revocation of the license. (Ord. 887, 4-24-2012)

The city building inspector/code enforcement officer shall investigate any complaint received verbally or in writing regarding the operation or any aspect of a licensed home business. To allow for adequate inspection, said officer shall have the authority to suspend the license for a period of not greater than thirty (30) days. Operation of the home business shall cease under the suspension of the license. Nothing in this section shall impair the right of the city to take action for immediate termination or revocation of the license. (Ord. 887, 4-24-2012)

Intentional falsification of information on the home business application or failure by the home business applicant or operator to comply with any section of this chapter, or with any restrictions imposed, shall be a violation of this chapter, and the applicant, operator or other party involved with, or conducting, or participating in the business shall be deemed to participate in the violation hereof, and each such violator shall be subject to the penalties provided in section 1-4-1 of this code. Citations shall be issued by the city building inspector/code enforcement officer. The application shall additionally not be processed, and all business activities shall immediately cease until court appearance is concluded and any and/or all fines paid. Each and every day that such violation continues shall constitute a separate offense. (Ord. 887, 4-24-2012)