Artesia — Nonconforming Uses

Last reviewed: July 3, 2026

Overview

This page summarizes how the City of Artesia's zoning code treats nonconforming uses, nonconforming structures, and related termination/repair rules. The controlling rules are in Article 21 of the Zoning Law and related zone-specific articles; the key operative sections are § 9-2.2101, § 9-2.2102, and § 9-2.2103.

Use the linked topic pages for related processes that intersect nonconforming status: the city's main Artesia zoning & planning overview, the detailed Artesia Zoning rules, Artesia Development Standards for dimensional limits, Artesia Parking for parking impacts, Artesia Design Review when approvals are required, Artesia Overlay Districts for overlay-specific rules, and the Artesia ADUs article for ADU-specific nonconforming rules.

What the code requires (short synthesis)

• Continuation allowed: A lawful nonconforming use or structure may be continuously maintained; routine repairs are explicitly allowed. § 9-2.2101.
• Automatic termination triggers: A nonconforming right ends if the use is changed to another use, enlarged, supplemented with an additional non-permitted use, discontinued for 12 months, or the structure is voluntarily demolished or dismantled by 50% or more. § 9-2.2102(a).
• Accidental damage: A nonconforming structure damaged by fire, flood, earthquake or other disaster may be rebuilt and the nonconforming use reestablished; however, the degree of nonconformity cannot be increased. § 9-2.2103.
• Planning Commission review & enforcement: The Planning Commission may periodically review and may revoke or terminate a nonconforming use for grounds such as cessation for one year, violations, nuisance, or fraud; notice, appeal, and compliance timelines are specified. §§ 9-2.1802–9-2.1807.

District-by-district breakdown (how nonconforming rules apply locally)

Below are Artesia districts where the code explicitly addresses nonconforming uses or has practical implications. Each subsection gives the district purpose, typical uses, the code's nonconforming treatment, and where that district applies in the city code.

R-1 — Single-Family Residential

• Purpose: Provide for detached single-family homes (see Article 28 development standards). § 9-2.2801 references R-1 development requirements; nonconforming dwelling rules reference § 9-2.2805 for dimensional standards.
• Typical permitted uses: single-family homes, accessory structures, ADUs (subject to ADU rules). See the ADU article for how nonconforming zoning conditions are treated.
• Nonconforming specifics: Multiple dwelling units lawfully existing on one lot in R-1 may keep legal nonconforming status even after minor additions so long as specific limits are met (each unit's living area increase ≤ 100 square feet cumulative and parking is not reduced). § 9-2.2102(c) and related development standards § 9-2.2705 / § 9-2.2805.
• Where it applies: Residential neighborhoods regulated by Article 28 (R-1 rules) in the zoning chapter.

A-1 — Agricultural-Single-Family Residential

• Purpose & uses: Similar to R-1 but on larger/agricultural lots; the same exception for multiple dwelling units exists. § 9-2.2102(c).
• Nonconforming specifics: The 100 sq ft enlargement cap and parking non-decrease requirement apply to legal nonconforming dwelling units on one assessor's parcel. § 9-2.2102(c)(2–3).

C-G (General Commercial) — Commercial Zones

• Purpose: Neighborhood and city-serving commercial uses (see Article 32). § 9-2.3204 specifically addresses service stations as an example.
• Typical permitted uses: retail, offices, service businesses, subject to conditional uses described in the article.
• Nonconforming specifics: Certain commercial uses that predate ordinance changes (for example, service stations lawfully in existence as of a historical date) may continue as legal nonconforming uses but may be terminated if closed/abandoned for six months. § 9-2.3204(b–c).
• Where it applies: Properties zoned C-G are governed by Article 32 and the referenced service-station rules.

C-T (Commercial Transition)

• Purpose: Buffer/commercial-transition areas along Artesia Boulevard; includes a defined commercial setback area with special rules. § 9-2.3904.
• Typical permitted uses: General commercial and, in some parts, pre-existing industrial uses subject to limitations. § 9-2.3904(a–c).
• Nonconforming specifics: Existing manufacturing/industrial uses lawfully in existence on March 14, 1988 may continue indefinitely as legal nonconforming uses unless declared abandoned; closure/vacancy/non-operation for six months terminates the nonconforming status. Additions/expansions require a conditional use permit. § 9-2.3904(b–c).

M-1 (Light Manufacturing & Industrial)

• Purpose: Industrial/manufacturing uses. Nonconforming industrial uses are treated similarly to the C-T/M-1 cross-references above (see § 9-2.3904 for the commercial setback interaction).
• Typical permitted uses: light manufacturing, warehousing, industrial services; where those uses predate ordinance changes they may carry legal nonconforming status (see zone-specific rules).

M-D-R (Medium Density Residential)

• Purpose & uses: Attached duplexes plus R-1 uses; nonconforming conditions are handled by Article 29.5 and the general nonconforming article. § 9-2.2951 and cross-referenced nonconforming rules apply.

MU-O (Mixed-Use Overlay)

• Purpose: Incentivize mixed-use infill and implement housing policies; the MU-O does not generally alter underlying nonconforming rights except as specifically stated in overlay rules. § 9-2.4801.

Notes:

• The city treats some citywide exceptions (for example, a one authorized smoke shop is an acknowledged legal nonconforming use under § 9-2.4703) and that use remains subject to Article 21 nonconforming provisions.

Quick reference table — most decision-relevant standards & citations

Checklist — what an applicant/owner must satisfy or verify

• Confirm that the use or structure was lawfully established and determine the original date it became nonconforming (termination date computed from that date). § 9-2.206.
• Verify whether proposed work would “increase” the nonconforming area/volume or add a new use (these actions can terminate rights). § 9-2.2102(a)(2–3).
• If rebuilding after accidental damage, confirm repair is strictly restorative (no increase in nonconformity) and include required deposits/fees for permits. § 9-2.2103.
• For dwelling-unit-enlargements on R-1/A-1 lots, keep each unit’s cumulative enlargement ≤ 100 sq ft and do not reduce required off-street parking. § 9-2.2102(c) and § 9-2.2705/9-2.2805.
• If the use is subject to an older conditional approval/variance, determine whether periodic Planning Commission review or revocation is possible and be prepared for public notice/hearing procedures. §§ 9-2.1801–9-2.1807.
• For ADU work, check the ADU-specific exception: the City will not deny an ADU permit for a nonconforming zoning condition that does not threaten health/safety. See ADU article and § 9-2.4508. Artesia ADUs

Risks & Ambiguities

Plain-English Summary

If your building or business in Artesia predates a zoning change and doesn't meet current rules, you can usually keep using and maintaining it — but you cannot expand it or change it in ways the code defines that would “increase” the nonconformity, and certain acts (like stopping operations for a set time or demolishing half the building) will end the legal nonconforming right. See § 9-2.2101, § 9-2.2102, and § 9-2.2103 for the governing rules.

Source References

• Article 21, Nonconforming Uses — § 9-2.2101, § 9-2.2102, § 9-2.2103 (continuance, termination, repair)
• Planning Commission review, revocation, termination procedures — §§ 9-2.1801–9-2.1807 (periodic review, grounds, notices, appeals)
• Commercial and service-station nonconforming rules — § 9-2.3204(b–c) (C-G service stations)
• Commercial Transition (C-T) nonconforming manufacturing rules and 6-month abandonment — § 9-2.3904(b–c)
• ADU nonconforming condition treatment — § 9-2.4508 and ADU Article 45 (effect of conforming / nonconforming conditions)
• Nonconforming structures / amortization exemption from Ordinance No. 264 — § 9-2.2905
• R-1 building standards and cross-references (roof slope, materials, dimensional limits) — Article 28, § 9-2.2805 (development standards referenced in nonconforming exceptions)

Retrieved passages

• Artesia Zoning Code (Article 21.) High relevance show source text
• Artesia Zoning Code (§ 7) High relevance show source text
• Artesia Zoning Code (§ 7) High relevance show source text
• Artesia Zoning Code (Chapter 10) High relevance show source text
• Artesia Zoning Code (§ 1) High relevance show source text
• Artesia Zoning Code (§ 9-2.1804.) High relevance show source text
• Artesia Zoning Code (§ 9-2.203.) High relevance show source text
• Artesia Zoning Code (§ 1) Medium relevance show source text
• Artesia Zoning Code (§ 1) High relevance show source text
• Artesia Zoning Code (§ 85.02) High relevance show source text

Cited sections

• Article 21, Nonconforming Uses — **§ 9-2.2101**, **§ 9-2.2102**, **§ 9-2.2103** (continuance, termination, repair) (Article 21)
• Planning Commission review, revocation, termination procedures — **§§ 9-2.1801–9-2.1807** (periodic review, grounds, notices, appeals) (§ 9-2.1801)
• Commercial and service-station nonconforming rules — **§ 9-2.3204(b–c)** (C-G service stations) (§ 9-2.3204)
• Commercial Transition (C-T) nonconforming manufacturing rules and **6-month** abandonment — **§ 9-2.3904(b–c)** (§ 9-2.3904)
• ADU nonconforming condition treatment — **§ 9-2.4508** and ADU Article **45** (effect of conforming / nonconforming conditions) (§ 9-2.4508)
• Nonconforming structures / amortization exemption from Ordinance No. 264 — **§ 9-2.2905** (§ 9-2.2905)
• R-1 building standards and cross-references (roof slope, materials, dimensional limits) — Article **28**, **§ 9-2.2805** (development standards referenced in nonconforming exceptions) (§ 9-2.2805)
• Artesia_ZoningCode.md

• Official Artesia code library