Chapter 16.48


16.48.010    Mergers not required.

16.48.020    Mergers required.

16.48.030    Notice of merger.

16.48.040    Request by property owner.

16.48.010 Mergers not required.

Two or more contiguous parcels or units of land which have been subdivided under the provisions of this title or the Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. No further proceedings under this chapter shall be required for the purpose of sale, lease or financing, except as provided by this chapter. (Ord. 79-426 § 14.01).

16.48.020 Mergers required.

If any one of two or more contiguous parcels or units held by the same owner does not conform to existing city zoning, subdivision, or other ordinance so as not to permit its development, and at least one such parcel or unit has not been developed with a building for which a building permit has been issued by the city or which was built prior to the time such permits were required by the city, then such parcels shall be considered as merged for the purpose of this title. (Ord. 79-426 § 14.02).

16.48.030 Notice of merger.

A. Whenever the city or an authorized representative has knowledge that real property has merged pursuant to this section, they shall cause to be filed with the county recorder a notice of merger; provided, that at least 30 days prior to recording of notice the owner of the parcels or units shall be advised in writing of the intention to record such notice.

B. The notification to the owner shall specify a time, date and place at which the owner may present evidence as to why the notice of merger should not be recorded.

C. The notice of merger to be recorded shall specify the names of the record owners and describe the property to be merged. (Ord. 79-426 § 14.03).

16.48.040 Request by property owner.

A. Upon request of the legal owner of contiguous parcels, the city or authorized representative may approve the merger of the property. Such request shall be in writing and shall be accompanied by such data and documents as required by the city.

B. Upon approval, a notice of merger shall be filed with the county recorder. The form and content of the notice shall be as required by the city.

C. In approving such merger, the city may impose reasonable conditions. The reasonableness of such conditions may be appealed within 15 days of written notice of the conditions, to the city council in accordance with FMC 16.20.020.

D. A fee to be charged at actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward this fee. (Ord. 79-426 § 14.04).