A single nonconforming parcel that does not comply with the
applicable area, depth, or width, requirements of this Zoning Code
is a legal building site if it meets at least one of the following
criteria, as documented to the satisfaction of the Director by evidence
furnished by the applicant.
A.
Approved
Subdivision. The parcel was created by a recorded subdivision;
B.
Individual
Parcel Legally Created by Deed. The parcel is under single ownership
and was legally created by a recorded deed before the effective date
of the provision which made the parcel nonconforming;
C.
Variance
or Lot Line Adjustment. The parcel was approved through the Variance
procedure or resulted from a lot line adjustment; or
D.
Partial
Government Acquisition. The parcel was created in compliance with
the provisions of this Zoning Code, but was made nonconforming when
a portion was acquired by a governmental entity so that the parcel
size was decreased not more than 20 percent and the depth of the required
yard facing a public right-of-way was decreased not more than 75 percent.
(Ord. 1976 § 2, 2019)
A subdivision of land (i.e., lot line adjustment, final, parcel,
or tentative map) shall not be approved that would increase the nonconformity
of an existing parcel or any nonconforming use on the parcel.
(Ord. 1976 § 2, 2019)
Nonconforming contiguous parcels held by the same owner shall
be involuntarily merged if one or more of the parcels does not conform
to the minimum parcel size to allow use or development in compliance
with this Zoning Code and in compliance with Government Code Section
66451.11.
(Ord. 1976 § 2, 2019)
