Norwalk Municipal Code Art. VII Required Merger of Parcels

Whenever two or more contiguous lots, parcels or units of land which have been legally created under the provisions of this title and other applicable provisions of this Code are held by the same owner, such lots, parcels or units shall be merged where either of the following conditions exists:

A. One of the lots, parcels or units of land does not conform to current standards for minimum lot area or dimensions under the regulations of the zoning district applicable to the property, provided that merger shall occur only to the extent necessary to establish lots conforming to the current standards for minimum lot area and dimensions and after a public hearing has been held thereon pursuant to Section 16.02.430.

B. The owner constructs structures or buildings on, over or across existing lot lines between contiguous lots, parcels or units of land and develops such lots, parcels or units as a single unit, provided that merger shall occur only as to those lots, parcels or units which are developed as a single unit.

(Prior code § 26-6.1; Ord. 21-1722 § 2)

After merger has occurred with respect to any contiguous lots, parcels or units of land, such lots, parcels or units of land shall be treated as a single lot under the provisions of this Code.

(Prior code § 26-6.2; Ord. 21-1722 § 2)

Property shall be considered as contiguous lots, parcels or units of land only if such lots, parcels or units of land are adjoining, but not if such lots, parcels or units of land are separated by roads, streets, alleys, railroad rights-of-way or other features deemed to be similar by the Director.

(Prior code § 26-6.3; Ord. 21-1722 § 2)

Whenever the Director believes that real property can be merged pursuant to this title, the Director shall give the owner of such real property 30 days' notice that the Director intends to file a notice of merger declaring the lots, parcels or units of land merged. The notice to the property owner shall advise the owner that he or she has a right to a hearing before the Planning Commission with regard to whether a notice of merger should be recorded, and shall specify the time, date and place of the hearing. In the case of merger pursuant to Section 16.02.400(B), the notice shall further advise the owner that such hearing shall only be conducted if requested by the owner within 10 days of the date of notice.

(Prior code § 26-6.4; Ord. 21-1722 § 2)

The Planning Commission shall hold a public hearing on any merger pursuant to Section 16.02.400(A) and, where a timely request is made, on any merger pursuant to Section 16.02.400(B). The property owner shall state his or her objection and present the evidence upon which he or she relies. If the Planning Commission finds that the conditions constituting merger have not occurred, or that the findings required prior to the granting of a variance, in accordance with Section 17.02.280, can be made with regard to maintaining the lots, parcels or units of land as unmerged, then it shall determine that no merger has occurred and instruct the Director not to file the notice of merger. Otherwise, the Director shall file the notice of merger, unless the decision of the Planning Commission is appealed by the owner within 10 days to the City Council.

(Prior code § 26-6.5; Ord. 21-1722 § 2)

Whenever the Director determines that real property has merged pursuant to this title, the Director shall cause to be filed for recording with the County Recorder a notice of such merger specifying the name(s) of the record owner(s) and particularly describing the real property affected by the merger.

(Prior code § 26-6.6; Ord. 21-1722 § 2)