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A parcel merger may be made with any parcel or unit with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units does not conform to standards for minimum parcel size under the Tribe’s regulations and if all of the following requirements are satisfied:

(a) At least one of the affected parcels does not have a structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit of land.

(b) With respect to any affected parcel, one or more of the following conditions exists:

(1) Comprises less than 5,000 square feet in area at the time of the determination of merger;

(2) Was not created in compliance with applicable laws in effect at the time of its creation;

(3) Does not meet current standards for sewage disposal and domestic water supply under applicable Tribal regulations;

(4) Does not meet slope stability standards;

(5) Has no legal access adequate for vehicular and safety equipment access and maneuverability;

(6) Its development would create health and safety hazards; or

(7) It is inconsistent with the plans, goals, and policies of the Tribe. [Ord. 43 § 3603, adopted, 6/10/2015.]