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Title: 21 - Coastal Zoning

Chapter: 46 - General Provisions

Section: 80 - Building site areaSpecial lot sizes

A.  A legal use of land as a building site may be permitted on a lot of less area or frontage than that required by the regulations of Chapters 21.02 through 21.60, providing such site is shown as a lot on a subdivision map of record or is a parcel of land which was under one ownership on the effective date an area is zoned or rezoned under Chapters 21.02 through 21.60, and provided that in either case the owner of such lot or parcel has not owned or purchased any adjoining property since the effective date the area is zoned or re-zoned under Chapters 21.02 through 21.60.

     B.  When two or more subdivision lots are held by the same owner, and when separate sales, leasing, or financing of said lots would create a building site not meeting existing zoning lot area minimums, general plan density or sewage disposal system requirements, then the county of Del Norte permit-issuing agencies shall not approve any permit on such lots pursuant to Section 66424.2 of the State Subdivision Map Act.

     All parcels or units of land which merged prior to July 24, 1978, and which meet or exceed the above requirements are deemed unmerged and separate parcels.

     Whenever the county has knowledge that such a separation of lots has taken place creating a building site not meeting zone district or sewage disposal system requirements, it shall cause to be filed for record with the recorder a tentative notice of violation. If, within thirty days after notification to the property owner, evidence to the contrary is not presented, a final notice of violation shall be recorded. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property (Section 66499.36 of The State Subdivision Map Act).

     C.  Land proposed as a building site and not having its principal access on a state or county maintained road, but which is in accordance with all other requirements of Chapters 21.02 through 21.06, may be used as a building site only if an off state or county maintained road permit is first obtained from the county road department.

     D.  Special lot sizes for commercial and manufacturing districts shall be as follows:

         1.  Lot sizes for buildings with a commercial or manufacturing use only, and with no living quarters of any type, using large amounts of water such as restaurants, self-service laundries, etc., may be required by the county planning commission or health department to have more area than those specified in Chapters 21.02 through 21.60.

         2.  Lot sizes smaller than those set forth in Chapters 21.02 through 21.60 may be used if approved by the planning commission and health department.

         3.  Where a combined commercial and residential use is proposed for a parcel, a larger area than set forth in Chapters 21.02 through 21.60 may be required by the county planning commission or health department.

     E.  New parcels created within urban areas shall be a minimum of one acre in size if no public water and/or sewer is provided. If public water or sewer is provided, the parcels may be one-half acre minimum in size. Should both public water and sewer be provided, the land use designation shall determine the maximum density for each area.

     F.  New parcels created within areas designated by the General Plan as rural neighborhood and those created pursuant to the D or PC zone may be developed to the designated density subject to compliance with the requirements of the water quality control board.


(Ord. 83-03(part))