§ 152.130. Conditions.

Two or more parcels of real property may be merged by the Town through Planning Commission action when the following conditions are met:

(A)

The parcels are contiguous;

(B)

The parcels have the same ownership as of the date the notice of intention to determine status is recorded;

(C)

At least one of the parcels is nonconforming, having an area less than the minimum prescribed area for the zoning district in which it is located;

(D)

At least one of the parcels is either:

(1)

Undeveloped, having no structure on it for which a building permit is required (at the time of the notice of intention to determine status);

(2)

Developed only with an accessory building; or

(3)

Developed with a structure for which a building permit is required at the time of the notice of determination of status, located partially on it, and partially on the contiguous parcel; and

(E)

At least one or more of the following conditions exist with respect to any affected parcel at the time of the notice of determination of status:

(1)

It comprises less than 5,000 square feet in area;

(2)

It was not created in conformance with applicable laws and ordinances in effect at the time of its creation;

(3)

It does not meet current standards for sewage disposal and domestic water supply;

(4)

It does not meet slope stability standards;

(5)

It has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

(6)

Its development would create health or safety hazards; and

(7)

It is inconsistent with the general plan, and any specific plan, for reasons other than minimum parcel size or density standards.

(1975 Code, § 9-1.1101) (Ord. 1987-349, effective 9-10-87)