Skip to main content
Loading…
ARTICLE II. NEW MERGERS
This article is included in your selections.
This section is included in your selections.

(a) Except as provided in § 327.5-9 when any one of two or more contiguous parcels or units of land, which are held by the same size under the applicable zoning designation, the contiguous parcels shall merge if all the following requirements are satisfied: (Ord. 1762, 12/09/86)

(1) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit of land. (Ord. 1762, 12/9/1986)

(2) With respect to any affected parcel, one or more of the following conditions exists:

(A) Comprises less than 5,000 square feet in area at the time of the determination of merger; (Ord. 1762, 12/9/1986)

(B) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; (Ord. 1762, 12/9/1986)

(C) Does not meet current standards for sewage disposal and domestic water supply under applicable County regulations; (Ord. 1762, 12/9/1986)

(D) Does not meet slope stability standards established by or pursuant to the Humboldt County General Plan. (Ord. 1762, 12/9/1986)

(E) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. The standards of access shall be those contained in the Appendix to Title III, Division 2 of the Humboldt County Code; (Ord. 1762, 12/9/1986)

(F) Its development would create health and safety hazards;

(G) Is inconsistent with the Humboldt County General Plan, the Local Coastal Plan or any applicable Community Plan, other than minimum lot size or density standards. (Ord. 1762, 12/9/1986)

(Ord. 1762, 12/9/1986)

(b) The provisions of subdivision (2) of subsection A of § 327.5-3 shall not apply if one or more of the following conditions exists:

(1) On or before July 1, 1981, one or more of the contiguous parcels or units of land was enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in § 421 of the Revenue and Taxation Code. (Ord. 1762, 12/9/1986)

(2) On July 1, 1981, one or more of the contiguous parcels or units of land was timberland as defined in subdivision (f) of § 51104 of the Government Code, or was land devoted to an agricultural use as defined in subdivision (b) of § 51201 of the Government Code. (Ord. 1762, 12/9/1986)

(3) On July 1, 1981, one or more of the contiguous parcels or units of land was located within 2,000 feet of the site on which an existing commercial mineral resource extraction use was being made, whether or not the extraction was being made pursuant to a use permit issued by the County. (Ord. 1762, 12/9/1986)

(4) On July 1, 1981, one or more of the contiguous parcels or units of land was located within 2,000 feet of a future or existing commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the County. (Ord. 1762, 12/9/1986)

(5) Within the coastal zone, as defined in § 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either (1) been included in the land use plan portion of a local coastal plan program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (2) prior to the adoption of a land use plan, has been made by formal action of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based. (Ord. 1762, 12/09/86)

For the purposes of paragraphs (3) and (4) of subsection (b) of § 327.5-3, “mineral resource extraction” means gas, oil hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. (Ord. 1762, 12/9/1986)

(Ord. 1762, 12/9/1986)