Contra Costa County Municipal Code § 82-10.006 Land on district boundaries

(a) Conveyance and Division Restriction. No person shall divide or convey a lot or portion thereof, if this results in one or more lots violating the width, yard, or setback requirements of Divisions 82 and 84, unless a variance has been granted in accordance with county ordinance code variance provisions.

(b) Land Satisfying Requirements. Land used to satisfy the area, width, yard, or setback requirements for one dwelling unit cannot satisfy those requirements for another unit.

(c) Small Lot Occupancy. Any lot of less area or width than required by Divisions 82 and 84 may be occupied by a single-family dwelling and its accessory buildings if: (1) the yard and setback requirements of Divisions 82 and 84 are met, or a variance has been granted for yard and setback requirements, and (2) the lot is delineated on a recorded subdivision map, or at the time of the creation of the lot (as evidenced by recording date) or at any time since, the lot was consistent in width and area with the applicable zoning district or the lot was created prior to the application of zoning in its location. If a small lot qualifies for occupancy by a single-family dwelling, then a building permit can issue unless the zoning administrator determines that the proposed dwelling appears not to be compatible with the surrounding neighborhood. If the zoning administrator makes that determination, the zoning administrator may, but is not required to, schedule a public hearing to review the proposed dwelling's compatibility with and impact on the surrounding neighborhood, in terms of its location, size, height and design. If a public hearing is scheduled, the notice provisions of Section 26-2.2004 shall apply. After such determination, at the conclusion of the hearing, or if no hearing is held, the zoning administrator may deny, approve or conditionally approve the proposed dwelling in order to provide neighborhood compatibility.

(Ords. 95-51 § 2, 92-44 § 2, 79-69 § 2: prior code § 8108: Ords. 1371, 1206, 933 § 1, 382, § 9 [2]: see § 82-4.244).

If part of a lot or parcel of land having not less than the required area for its land use district is acquired for public use in any manner, including dedication, condemnation, or purchase, and if the remainder of the lot or parcel has not less than eighty percent of the area required for its land use district, the remainder shall be considered as having the required area, but setback, side yard, and rear yard requirements shall be met. If a lot or parcel of land has an authorized nonconforming status as to area under any county ordinance, the parcel shall retain its nonconforming status if the acquisition for public use does not reduce the remainder below eighty percent of the existing nonconforming area. The setback, side yard, and rear yard requirements of the land use district shall be met, except for buildings or structures in existence at the time of public acquisition.

(Prior code § 8109: Ord. 1054).

When any district boundary line divides a lot or parcel of land owned of record as one unit at the time Division 82 and 84 become effective, the regulations applicable to that part of the land lying within the least restricted district shall apply for thirty feet on the land beyond the district boundary.

(Prior code § 8110: Ord. 382).