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Title 9 — Planning and Zoning›Chapter 2 — ZONING

Article 47 — Smoke Shops Prohibited

Artesia Zoning Code · 2026-06 edition · updated 2026-07-06 · Artesia

§ 9-2.4701. Definitions.

"Smoke Shop" means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop" and shall not be subject to the restrictions in this article. (Ord. 24-961, 1/13/2025)

§ 9-2.4702. Smoke Shops Prohibited.

No person shall operate a smoke shop anywhere in the City, unless explicitly permitted as provided in this article.

(Ord. 24-961, 1/13/2025)

§ 9-2.4703. Exceptions.

  • (a) The one smoke shop that is authorized to operate within the City, as referenced in Ordinance No. 961 (the "Existing Smoke Shop"), shall be considered a legal nonconforming use and shall be permitted to continue operating within the City subject to the provisions of this article.

  • (b) The Existing Smoke Shop shall be permitted only in the C-G general commercial zone, pursuant to the applicable regulations and standards within Article 32 of this chapter and any applicable Federal and/or State laws.

  • (c) The Existing Smoke Shop shall only be granted one opportunity to relocate within the C-G general commercial zone, subject to the applicable regulations and standards within Article 32 of this chapter and any applicable Federal and/or State laws. Upon its one-time relocation, the Existing Smoke Shop will maintain its legal nonconforming status. Any additional location changes shall terminate the Existing Smoke Shop's legal nonconforming use status.

  • (d) As long as the Existing Smoke Shop remains in its current location, it shall be subject to the provisions of Article 21 of Chapter 2 of Title 9 , "Nonconforming Uses" and subject to the provisions of this article. If the Existing Smoke Shop exercises its right to relocate, once, it shall continue to be subject to the provisions of Article 21 of Chapter 2 of Title 9 , "Nonconforming Uses" throughout its establishment at its new location.

  • (Ord. 24-961, 1/13/2025)

§ 9-2.4704. Enforcement.

The City shall be authorized to enforce this article by all legal means, including administrative, civil, and criminal remedies.

(Ord. 24-961, 1/13/2025)

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▸ Contents — Artesia Zoning Code
Artesia Zoning Code
  1. ▸ Title 9 — Planning and Zoning
    Overview
    1. Chapter 1 — SUBDIVISIONS
    2. ▸ Chapter 2 — ZONING
      Overview
      1. Article 1 — Title, Authority, and Purposes
      2. Article 2 — Scope
      3. Article 3 — Administration
      4. Article 4 — Definitions
      5. Article 5 — Establishment of Zones
      6. Article 6 — Development Standards
      7. Article 7 — Former Development Review Board
      8. Article 8 — Lots
      9. Article 9 — Yards
      10. Article 10 — Streets and Highways
      11. Article 11 — Off-Street Parking and Loading
      12. Article 11.5 — Transportation Demand Management
      13. Article 12 — Signs
      14. Article 12.5 — Lighting
      15. Article 13 — Performance Standards
      16. Article 13.5 — Incidental Outdoor Uses
      17. Article 13.6 — Special Outdoor Use Permits
      18. Article 13.7 — Pedestrian, Transit and Decorative Amenities in…
      19. Article 14 — Fences, Walls, and Hedges
      20. Article 15 — Landscaping
      21. Article 15.5 — Water Efficient Landscaping
      22. Article 16 — Amendments
      23. Article 16.5 — State-Mandated Residential Projects
      24. Article 17 — Variances and Conditional Use Permits
      25. Article 18 — Revocation, Suspension, Modification, and Termina…
      26. Article 19 — Appeals
      27. Article 20 — Design Review Approval
      28. Article 20.5 — Conceptual Development Review
      29. Article 21 — Nonconforming Uses
      30. Article 22 — Fees and Deposits
      31. Article 23 — Hearings: Notices
      32. Article 24 — Publicly-Owned Property
      33. Article 25 — Enforcement
      34. Article 26 — Violations: Penalties
      35. Article 27 — Agriculture-Single-Family Residential Zone (A1)
      36. Article 28 — Single-Family Residential Zone (R-1)
      37. Article 29 — Multiple Residential (M-R)
      38. Article 29.5 — Medium Density Residential (M-D-R) Zone
      39. Article 29.6 — Mixed Commercial/Single-Family Residential (M-C…
      40. Article 29.7 — Housing Opportunity Overlay Zone (HO-O)
      41. Article 30 — Services and Professional Zone (C-S-P)
      42. Article 31 — Open Space and Recreation (OS-R)
      43. Article 31.5 — Historic District (H-D) Zone
      44. Article 32 — General Commercial Zone (C-G)
      45. Article 33 — Commercial Planned Development Zone (CPD)
      46. Article 34 — Manufacturing and Industrial Zones (M-1 and M-2)
      47. Article 34.5 — Specific Plan Zones (SP)
      48. Article 35 — Condominium Zone (C-O)
      49. Article 36 — Standards and Criteria for Residential Condominiums
      50. Article 37 — Adult-Oriented Businesses
      51. Article 38 — Standards for Recycling Facilities, Vending Machi…
      52. Article 39 — Commercial Transition Zone (C-T)
      53. Article 40 — Temporary Uses
      54. Article 41 — Development Standards for Churches and Places of …
      55. Article 42 — Development Standards for the Installation or Con…
      56. Article 43 — Affordable Housing Incentives and Density Bonus A…
      57. Article 44 — Commercial Cannabis Use and Cultivation
      58. Article 45 — Accessory Dwelling Units
      59. Article 46 — Short-Term Rentals
      60. Article 47 — Smoke Shops Prohibited
      61. Article 48 — Mixed-Use Overlay Zone (MU-O)

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