Chapter 20.76 — REVOCATION AND COMPLIANCE

If no lots in a subdivision for which a final map of five or more parcels has been recorded under this title have been sold within five years form the date of recordation, or if none of the improvements required to be made have been made within two years from the date of recordation, the board on its own motion may hold a public hearing, after notice, to determine whether the approval of the final map should be revoked. If it is determined that the approval should be revoked, the board may by resolution revoke the approval, without prejudice, to be effective upon recordation of a certified copy

of the resolution. Thereupon all dedication or offer of dedication of all streets, ways, and other easements by the map shall be of no further force or effect except to the extent that revocation would prejudice persons having financed, bought, or otherwise acquired any interest in the property. There shall be a fee in the amount of money as may be fixed from time to time by order or resolution of the board, payable to the county by the owner of the subdivision for the cost incurred in processing the revocation if the request is from other than a public agency. (Prior code §9-44(a); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

• A. No parcel created in connection with a subdivision for which a final map of five or more parcels has been recorded prior to March 4, 1972, in the A-2-40 and the A-2-160 acre zones, shall be allowed to develop a dwelling as a permitted use unless the parcel complies with the minimum area requirements of the zoning districts where the parcel is located or the parcel consists of at least twenty acres.

• B. Sellers of parcels in the A-2-40 and A-2-160 acre zones that are smaller than the minimum area requirements of the zoning district where they are located and smaller than twenty acres shall notify buyers that development permits for dwellings may not be issued unless the parcel complies with the minimum area zoning requirements, is at least twenty acres or meets specified permit requirements.

(Prior code §9-44(b); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986; Ord. CS 741 §2, 2000)

Common ownership is defined, for purposes of this chapter, as ownership of any fee interest in two or more contiguous lots by any person, corporation, entity or association. A parcel is defined, for purposes of this chapter, as two or more lots.

(Prior code §9-44(c); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

The commission may recommend and the board may authorize an exception to the provisions of this chapter. Applications for an exception to the provisions of this chapter shall be made in writing by the landowner or his designated agent, stating fully the grounds for the application. In order for the commission to recommend and the board to grant an exception to the provisions of this chapter, it shall be necessary to find all of the following facts with respect to the particular application:

• A. That the exception is necessary for the preservation and enjoyment of a substantial property right of the owner; and

• B. Actual construction resulting in substantial improvements has occurred in the subdivision after the filing of the final map and prior to the effective date of the ordinance codified in this title or substantial expenditures of money have been made by the owner in furtherance of the subdivision after the filing of the final map and prior to the effective date of the ordinance codified in this title.

(Prior code §9-44(d); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)