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(c) Where the owner of each affected parcel fails to timely request a hearing on the <br />proposed merger, no such hearing is required. (orig. 6-15-04) <br />(d) The proposed merger shall be effective if each owner of the affected parcels has <br />given his, her or its consent to the merger or if the merger is approved by a majority <br />of the Board of County Commissioners. (orig. 6-15-04) <br />g. Lot Area Computations <br />(1) The area within private access easements within a lot shall be included in the minimum lot <br />area calculation if it serves as access for 3 or less lots, building sites and/or dwelling units. <br />This applies in all zone districts, except for Commercial and Industrial or equivalent use <br />areas of Planned Development Zone Districts. (orig. 3-15-82) <br />(2) The area within private access easements or public and private roads which passes <br />through the subject property and serves as access for 4 or more lots, building sites and/or <br />dwelling units shall be excluded in any minimum lot area calculation and setbacks shall be <br />measured from these private access easements or public and private roads, except where <br />the Zoning Administrator or his/her appointed designee (or Planning Engineer or his/her <br />appointed designee in reviewing plat submittals) finds that the private access easement is <br />not functionally equivalent to a public road, based upon criteria including the following: <br />(orig. 3-15-82; am. 12-17-02; am. 5-20-08) <br />(a) Width of right-of-way; (orig. 3-15-82) <br />(b) Estimated current or projected average daily trips (ADT); (orig. 3-15-82) <br />(c) Desigri and topography; (orig. 3-15-82) <br />(d) Providing connection between thoroughfares. (orig. 3-15-82) <br />(3) In Commercial and Industrial Zone Districts, and equivalent use areas of Planned <br />Development Zone Districts, the area of all private access easements shall be included in <br />the minimum lot area calculation. (orig. 3-15-82) <br />2. Fence Permit <br />a. It shall be unlawful for any person, firm or corporation to erect or construct a fence above 42 <br />inches in height without first obtaining a permit from Planning and Zoning. (orig. 8-6-80; am. 5- <br />25-04; am. 5-20-08) <br />b. A nonrefundable processing fee in an amount established by the Board of County <br />Commissioners will be charged for each permit issued. (orig. 8-6-80; am. 5-3-94) <br />c. A noise barrier fence, maximum of 10 feet in height, may be constructed within right-of-way for <br />an arterial. (orig. 7-1-03) <br />3. Miscellaneous Zoning Permit <br />a. It shall be unlawful for any person, firm or corporation to erect, construct, reconstruct, <br />structurally alter any building or structure, and/or commence any of the following activities <br />without first obtaining a Miscellaneous Zoning Permit. Planning and Zoning may request <br />documentation to ensure compliance with the regulations. (orig. 5-3-94; am. 3-28-00; am. 5- <br />25-04; am. 5-20-08) <br />(1) Any structure not requiring a Building Permit, including but not limited to mini-structures, <br />entry features, gazebos, retaining walls over 36 inches in height, decks less than 30 <br />inches in height, and sheds. (orig. 5-3-94; am 3-28-00; am. 12-17-02) <br />Section 2 Page 4 Zoning Resolution - Amended 5-20-08