Planning & Zoning

General Procedures

The Planning and Zoning Department helps develop, administer, and enforce the city's standards for land use and development. Most of the following zoning requests require an application, multi-department review, a hearing before the Planning and Zoning Commission, and a hearing before the City Council.

Rezone

All properties within the City of Artesia are zoned; for example, single or multifamily residential, commercial, industrial, etc. A rezone is a request to change from one zoning designation to another. State statutes limit what can be allowed.

Use or Area Variance

Each zone has prescribed uses allowed by the Artesia Municipal Code. A use variance is a request to change the use of a property, such as putting a commercial enterprise in a residentially-zoned area. These are rarely granted – the owner must show unnecessary hardship, that is, that the property is unable to be used for any other viable use.

An area variance is a request for an exemption from a zoning standard such as lot width, lot area or setback. Area variances must meet a number of criteria to be considered.

Home Occupation Business License

Any business located in a residential district requires a Home Occupation Business License. Only certain types of businesses are allowed, and the application is reviewed mainly for likely disruption to the residential setting of a neighborhood, such as increased noise or traffic, and for public safety. Home Occupation Business License Application / Home Occupation Business License Application (Spanish)

Replat

The location of existing lot lines may sometimes need to be changed to accommodate the placement of buildings or other structures. This request can be made by submitting a replat, a re-drawing of an existing plat. A replat, if approved, would then be recorded by the Eddy County Clerk and replaces any existing plat.

Right of Way Vacation

In some instances existing platted public rights of way that have never been developed may be better used as private property. A request to vacate a public right of way can also be made by submitting a replat.

Subdivision / Development

Subdividing or developing a property requires a site plan or plat of proposed changes. The city has a one mile extended platting jurisdiction, which subdivisions are required to be approved by the city Planning and Zoning Commission even though the property is located in Eddy County.