A.   Meetings: Meetings of the zoning board of appeals shall be held at the call of the mayor and at such other times as the board may determine. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

   B.   Powers:

      1.   The zoning board of appeals has the following powers:

         a.   To interpret this title.

         b.   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector/code enforcement officer in the enforcement of this title.

         c.   To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of the ordinance codified in this title.

         d.   To interpret the provisions of this title in such a way as to carry out the intent and purpose of this plan, as shown upon the map fixing the several districts accompanying the ordinance codified in this title and made a part of this title, where the street layout on the ground varies from the street layout as shown on the map.

         e.   Add more uses to the list of those permitted in the C and M-1 districts, as provided in sections 9-4-6 and 9-4-7 of this title; provided, that such uses are comparable in general character and not offensive due to emission of odor, dust, noise, gas, smoke or vibration.

         f.   To permit the following two (2) exceptions:

            (1)   Use of premises for public utility and railroad purposes.

            (2)   Reconstruction of a nonconforming building that would otherwise be prohibited by section 9-6-5 of this title, where such action would not constitute continuation of a monopoly.

         g.   To permit the following:

            (1)   Vary the yard, height or lot area per family regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition, when related to the yard regulations of this title, would prevent a reasonable or sensible arrangement of buildings on the lot.

            (2)   Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this title, but provided, that such a reduction not be more than fifty percent (50%) of the usual requirement.

            (3)   Vary the yard and lot area per family regulations for multi- family housing projects and planned unit residential developments. For purposes of this subsection B1g(3), "multi- family housing projects" are defined as apartment complexes or similar multi-family rental units, to be constructed on two (2) or more lots; and "planned unit residential developments" are projects for the construction of several individually owned single-family residences sharing common walls, such as projects commonly called "townhouses". The board of appeals may grant variances from the yard and lot area per family regulations for multi-family housing projects and planned unit residential developments in order to accommodate maximum use of property consistent with sound planning. Requests for variations under this subsection B1g(3) will be considered on a case by case basis. Any developer proposing construction of a multi-family housing project or a planned unit residential development, requiring in either case a variance from the yard or lot area per family regulations provided elsewhere in this title, shall submit a site plan showing all proposed buildings and other improvements, an application for the proposed variances, such information as may be necessary to show that all building code requirements, including fire code requirements, will be met, and all other information, including information as to the drainage plan for the project, which may be required by the board of appeals. Variations for planned unit residential developments may be granted, if justified under sound planning principles, in all zoning districts permitting residential uses. Variations for multi-family housing projects shall only be granted for property in zoning districts permitting multi-family residential uses.

      2.   The board has no other powers than those specified in subsection B1 of this section.

   C.    Specific Case And Public Hearing Required: The board shall make no recommendations except in a specific case and after a public hearing conducted by the board.

   D.    Term Of Orders:

      1.   Building Construction: No order of the board permitting the erection or alteration of a building shall be valid for a period longer than six (6) months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration proceeds to completion in accordance with the terms of such permit.

      2.   Uses: No order of the board permitting a use of a building or premises shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit process for the erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

   E.    Appeals:

      1.   Authority To Appeal; Filing Notice: Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department or bureau of the city affected by any decision of the building inspector/code enforcement officer. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board by general rule, by filing with the building inspector/code enforcement officer and with the board a notice of appeal specifying the grounds thereof. The building inspector/code enforcement officer shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

      2.   Fee: 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. (Ord. 975, 9-22-2015)

      3.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector/code enforcement officer certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the district court after notice to the building inspector/code enforcement officer from whom the appeal is taken and on due cause shown. (1996 Code § 17.52.070; amd. 2002 Code)

      4.   Hearing; Notice; Action: The board shall fix a reasonable time for the hearing of the appeal, give not less than five (5) days' notice thereof by the posting of not less than one sign of at least nine (9) square feet in area with a white background and black letters at least three inches (3") high containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made and by one publication of a notice in a newspaper of general circulation in Artesia, as well as due notice to the parties in interest, and decide the appeal within thirty (30) days. Upon the hearing, any party may appear in person, by agent or by attorney. (1996 Code § 17.52.080)

      5.   Voting: The concurring vote of five (5) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector/code enforcement officer, or to decide in favor of the applicant upon any matter upon which it is required to pass under this title, or to effect any variation in this title. (1996 Code § 17.52.090; amd. 2002 Code)

The building inspector/code enforcement officer shall enforce this title; appeals from his decisions may be taken to the board of appeals. (1996 Code § 17.60.010; amd. 2002 Code)

   A.    Permit Required: No building may be undertaken in the city without a building permit as required by the building code and without an application having been made for an occupancy permit as required by section 9-13-4 of this chapter.

   B.    Application For Permit: Each application for a building permit shall be accompanied by a plat, in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon as shown by a survey, the size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this title. A record of applications and plats shall be kept in the office of the building inspector/code enforcement officer.

   C.    Permit To Be Posted: Building permits shall be posted in a conspicuous place while construction is going on. (1996 Code § 17.60.020; amd. 2002 Code)

   A.    Certificate Required:

      1.   Subsequent to the effective date of the ordinance codified in this title, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied, until a certificate of occupancy has been issued by the building inspector/code enforcement officer.

      2.   No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued.

   B.    Contents Of Certificate: Every certificate of occupancy shall state that the new occupancy complies with all provisions of this title.

   C.    Records Kept: A record of all certificates of occupancy shall be kept on file in the office of the building inspector/code enforcement officer, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy. (1996 Code § 17.60.030; amd. 2002 Code)

   A.    Authority; Procedure: The council may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions established in this title. The council shall, before enacting any proposed amendment, supplement, change, modification or repeal: 1) refer the proposal to the commission, which shall be given thirty (30) days in which to submit a report regarding whether or not the proposal would improve or damage the comprehensive zoning plan established in this title; and 2) hold a public hearing in relation thereto, giving at least fifteen (15) days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the city.

   B.    Fee: 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.

   C.    Application For Amendment; Duties Of Clerk: The party or parties making application for any change in the district regulations or district boundaries shall apply in the following manner:

      1.   Such application shall be made, in writing, under oath, to the office of the city clerk in the following manner:

         a.   The application shall be submitted with sufficient copies for distribution of one copy each to the city clerk, the city planner and each member of the commission.

         b.   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.

      2.   Upon receipt of such application, the city clerk shall:

         a.   Keep the original thereof in a permanent file, maintained for that purpose, in the office of the city clerk.

         b.   Distribute copies thereof to the office of the city planner and to each member of the commission.

         c.   Notify each record property owner within a three hundred thirty foot (330') radius, by ordinary mail addressed to their last known address, advising each of them of the general nature of the application and of their right to protest the same within a fourteen (14) day period. (Ord. 975, 9-22-2015)

   A.    Application For Rezone: All applications for rezoning of property and for reclassification of property for a use other than that originally zoned shall be accompanied, and must be accompanied in order for the application to be considered, by the following items:

      1.   A plat or drawing clearly detailing the area to be rezoned and containing a floor plan or scaled drawing of all buildings or structures proposed to be built under the new classification sought. All buildings shown upon such plat shall face upon the main street involved in the application for reclassification, and the plat must show that at least minimum requirements for off street parking, sidewalks, setbacks, service alleys, easements and side yards, as provided in this title for the new classification sought and as provided in any other applicable laws and ordinances, are proposed to be met and will be met. (1996 Code § 17.56.020; amd. 2002 Code)

      2.   In the case of applications to have property classified as commercial, all buildings must be indicated as being built to the fire construction requirements of the building code, as those requirements are set forth in the state code and all applicable laws, rules and regulations of the state and the city 1 .

   B.    Restrictions On Rezone: The rezoning or reclassification of property shall not be permitted solely for purposes of speculation.

   C.    Time Limit For Construction: The construction of the buildings or structures indicated on the plat accompanying the application for rezoning must actually be commenced within six (6) months after the date of approval of the application, or the property reclassified shall revert to its former classification. (1996 Code § 17.56.020)

   A.    Generally: As a general guideline, the function of the commission is to reasonably protect the integrity of the master plan and to create a finer overall development of the city. The commission will therefore try to determine whether a proposed application for exception or modification to this title will tend to operate in that direction. The application will be studied and tested from the standpoint of its overall advantage to the area rather than from the immediate advantage of the applicant. It will not be held sufficient to merely prove that the application will not seriously harm neighbors, but to gain approval, evidence should show that granting of the application will tend to be of overall advantage to the master plan.

   B.    Schedule Of Fees: 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. (Ord. 975, 9-22-2015)

   A.    Violation A Misdemeanor; Penalties: The owner or agent of a building or premises in or upon which a violation of any provisions of this title has been committed or exists, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or exists, or the agent, architect, building contractor or any other person who commits, takes part in or assists in any violation, or who maintains any building or premises in or upon which such violation exists, is guilty of a misdemeanor and shall be subject to penalty as provided in title 1, chapter 4 of this code. Each and every day that such violation continues constitutes a separate offense. (1996 Code § 17.64.010; amd. 2002 Code)

   B.    Mandamus Or Injunction: In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the appropriate authorities of the city, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of the building, structure or land. (1996 Code § 17.64.020)