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a. If a nonconforming lot has been held in common ownership with any contiguous property at any time since November 16, 1987, (Ordinance No. 04-87) and it otherwise meets the requirements for parcel merger under Government Code Section 66451.11, it may not be individually developed. The area within such a lot may be developed only after it has been merged with contiguous property or otherwise resubdivided in conjunction with the contiguous property to create one or more conforming parcels or one parcel which more nearly conforms.

An exception to the above merger requirement may be requested through an administrative use permit. To approve the administrative use permit, the Director must find that retention of the property line(s) will not adversely impact neighborhood character. Factors that assure that neighborhood character is maintained include:

1. The regular spacing of buildings on the affected lots, when viewed from the street, is consistent with other developed properties within the same block;

2. Convenient and conforming access and parking is available to serve site uses.

b. In LDR and MDR Zones, the merger or resubdivision requirement set forth in subsection (a) of this section shall not apply to a nonconforming lot and contiguous commonly owned property where each of the parcels has an area, width, depth and frontage equal to at least eighty (80%) percent of the minimum required in this Code. (Ord. #248-2020, S2 (Exh. A))