Article 29.6 — Mixed Commercial/Single-Family Residential

§ 9-2.2961. Intent and Purpose. ¶

The Mixed Commercial/Low Density Residential Zone is established to promote quality development and viable uses along a busy street without fostering a commercial strip appearance. This development type will support transit use, provide a buffer between busy streets and residential neighborhoods, and provide new housing opportunities in the City. The emphasis of the nonresidential uses is primarily on locally oriented retail, service, and office uses. Other uses are allowed to provide a variety of uses that may locate in existing buildings. This district allows for a mix of residential and commercial, or just commercial or just residential (stand alone) land uses. (Ord. 09-740, § 7)

§ 9-2.2962. Principal Uses Permitted (M-C-R). ¶

Premises used in the Mixed Commercial/Single-Family Residential (M-C-R) Zone may be used for the following principal uses:

(a) Any use permitted as a principal use in the General Commercial (C-G) Zone;
(b) Any use permitted as a principal use in the Service and Professional Zone (C-S-P) Zone;

§ 9-2.2962.1. Accessory Uses Permitted (M-C-R). ¶

Premises in the Mixed Commercial/Single-Family Residential (M-C-R) Zone may be used for, but shall not be limited to, the following accessory use provided that such use is established on the same lot or parcel of land and is incidental to, and does not substantially alter the character of any permitted principal use:

(a) Mobile Vending . Mobile vending may be conducted on property utilized by a public school, 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 school, organization or institution and in compliance with the provisions of Article 40 of this chapter.
(Ord. 13-795, § 11)

§ 9-2.2963. Uses Permitted Subject to Conditional Use Permit (M-C-R). ¶

Premises in the M-C-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 (Variances and Conditional Use Permits):

(a) Any use permitted subject to a conditional use permit in the Single-Family Residential (R-1) Zone;

(b) Athletic studios.

(Ord. 09-740, § 7; Ord. 10-755, § 9)

§ 9-2.2964. Development Standards. ¶

Premises in the M-C-R Zone shall be subject to the development standards prescribed in this section and those standards contained in Articles 6 through 15 of this chapter, to the extent not inconsistent with the provisions herein:

(a) Lot Area . Each lot or parcel of land created after the adoption of this article shall have a minimum lot area of not less than 5,000 square feet.
(b) Lot Width . Except as otherwise provided in Article 8 of this chapter, each lot or parcel of land created after adoption of this article, shall have a minimum average lot width of not less than 50 feet.
(c) Curb Appeal . All commercial retail and service developments shall have the landscaping towards the street frontage of the property.
(d) Front Yards . Front yard setbacks are subject to the development standards set forth in each land use designation.
- (i) Single-Family Residence. Each lot or parcel of land shall have a front yard not less than 20 feet in depth.
- (ii) Commercial Retail or Service. Each lot or parcel of land shall have a front yard not less than 10 feet in depth.
(e) Side Yards . Side yard setbacks are subject to the development standards set forth in each land use designation.
- (i) Single-Family Residence. Each lot or parcel of land shall have a side yard not less than 10% of the width of the lot, but which shall be a minimum of three feet in width, and which need not exceed 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. An accessory building or detached or attached garage, constructed in the side yard, shall be located a minimum of five feet from the side property line and shall not project into the front yard, except that an accessory building or detached garage constructed on the rear 1/3 portion of a lot may be located a minimum of three feet from the side property line. Notwithstanding the preceding

sentence, on the street side of a corner or reversed corner lot, an accessory building or detached or attached garage shall be located a minimum of 10 feet from the side property line, and shall not project into the front yard.

The Director of Planning may grant an administrative variance to the provisions of this subsection (Side yards) to allow a detached garage or accessory building which is a minimum of six feet from the primary structure to be located less than five feet from the side property line so long as it does not project into the front yard and the procedures and criteria for the grant of administrative variance as set forth in Section 9-2.1705 of this chapter have been satisfied.

(A) Reduction in Side Yards. A side yard of less than the required width, but measuring not less than three feet and which was lawfully created shall be permitted to continue in the same form for the life of the existing building.

Single story additions to such a building may follow the same building line on such side so long as the side yard adjoining the addition is not less wide than the narrowest permitted portion of the reduced side yard adjoining the original (existing) building, is not on the street side of a reversed corner lot or parcel, and the front and rear yards conform to the provisions of this section.

(ii) Commercial Retail or Service. Each lot or parcel of land which has a side lot line adjoining property in a residential or agriculture zone shall have a side yard not less than five feet in width on the side adjoining such residential or agricultural lot or parcel of land. On the street side of a corner or reversed corner lot, the side yard shall not be less than 10 feet in width.
(f) Rear Yards . Rear yard setbacks are subject to the development standards set forth in each land use designation.
- (i) Single-Family Residence. Each lot or parcel of land shall have a rear yard not less than five feet in depth. An accessory building or a detached or attached garage, constructed in the rear yard, shall be located a minimum of five feet from the rear property line, except that an accessory building or detached garage constructed on the rear 1/3 portion of a lot may be located a minimum of three feet from the rear property line.

The Director of Planning may grant an administrative variance to the provisions of this subsection (Rear yards) to allow a detached garage or accessory building which is a minimum of six feet from the primary structure to be located less than five feet from the rear property line, so long as the procedures and criteria for the grant of administrative variances as set forth in Section 9-2.1705 of this chapter have been satisfied.

(ii) Commercial Retail or Service. Each lot or parcel of land shall have a zero setback for structures that are one story or 15 feet in height, whichever is most restrictive, and a 10 foot setback for a two story building or building height above 15 feet.
(g) Height . No primary structures in the M-C-R Zone shall exceed 30 feet in height. Accessory structures shall be limited to one story and 15 feet in height.
(h) Signs . Each lot or parcel of land developed with a residential use may have signs that are allowed for residential uses or zones within Article 12 (Signs) of this chapter. Each lot or parcel of land developed with a commercial use may have signs that are allowed for commercial zones within Article 12 (Signs) of this chapter.
(i) Trash Enclosures . All new developments or modifications to existing developments, excluding residential developments, in the Mixed Commercial/Single-Family Residential (M-C-R) Zone shall provide a trash enclosure area that complies with all of the following criteria:
- (1) The trash enclosure shall be incorporated into the interior of the building or be constructed outside of the building and be constructed 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.

(2) 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.
(3) The trash enclosure area shall be constructed with a solid roof structure and provide for downspouts that direct water runoff towards a landscaped area.
(4) 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.
(5) 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.
(6) If an adjacent property is utilized or zoned for residential purposes, trash enclosures shall be set back a minimum of 10 feet from the property line abutting the adjacent property.
(7) 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.
(j) Parking . Parking requirements are subject to the type of use as set forth within Article 11 of the Artesia Municipal Code in reference to off-street parking and loading facilities.
(k) 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. 09-740, § 7; Ord. 12-781, § 14; Ord. 12-785, § 25)