§ 26-7. Minimum parcel size.

Any person applying for a building permit for a new living unit or new commercial building on a subdivision lot which is not developed with a legally constructed and maintained living unit or commercial building and which is less than five (5) acres in size created prior to July 1, 1949, or on any portion or combination of such lots, shall demonstrate prior to issuance of the permit that said lot, portion or combination meets the minimum parcel area and frontage requirements in the applicable zoning ordinance, unless:

(1)

Such lot or portion or combination is a merged lot resulting from a merger approved pursuant to Section 20-180.2 of the Butte County Code;

(2)

Such lot or portion or combination was created by subdivision map on or after July 1, 1949, or by parcel map on or after March 4, 1972; or

(3)

The applicant submits evidence establishing that be or she has a vested right to proceed with the development without complying with such minimum parcel area and frontage requirements.

(Ord. No. 2938, § 4, 8-25-91)

Editor's note

Section 1 of Ord. No. 1535, adopted Dec. 12, 1974, repealed former § 26-7 pertaining to the mechanical code and derived from Ord. No. 1261, adopted March 21, 1972. See Ch. 26B for new provisions relative to the mechanical code. Subsequently, § 4 of Ord. No. 2938, adopted June 25, 1991, added a new § 26-7.