C. Land Division or Combination
(1) Purpose
This procedure provides an administrative review to ensure that divisions of land that do not constitute a subdivision comply with applicable zoning regulations and do not create landlocked parcels. This procedure also shall be used for the combination of land parcels. This section is not intended to prohibit or prevent the minor division of land as authorized and permitted by Arizona state law and the City and these subdivision regulations. Road standards shall meet the requirements of Engineering Standards Manual.
(2) Applicability
a. Land Division Permit Required
1. A parcel of land whose area is two and one-half acres or less may be divided into two or three separate parcels of land for the purpose of sale or lease only upon issuance of a land division permit, approved by the Director. The split shall be accomplished either by recording of a contract of sale or deed of conveyance or by requesting a split of a Tax Assessor parcel. The Director may review the history of transactions on the subject property through a series of owners and conveyances to determine whether further lot splits are permitted.
2. A property owner of two contiguous parcels may use the land division process to divide one of the two parcels one time to create a maximum of three parcels total. A property owner of three or more contiguous parcels shall be required to go through the subdivision process to divide lots.
b. When a Land Division Is Deemed a Subdivision
Any land division or sequence of divisions that are the result of two or more individuals, firms, partnerships or corporations conspiring together to create four or more parcels of land, each less than 36 acres in size, shall be deemed a subdivision and subject to all provisions of this Code regulating subdivisions.
(3) Application Submittal and Review Procedure
Figure 8-9 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to land divisions. Additions or modifications to the common review procedures are noted below.
Figure 8-9: Land Division
a. Application Submittal and Handling
The land division application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling, with the following modification: The application shall describe the property involved, including existing and proposed lot lines and access and utility easements, identification of all parties of interest to the division, and the manner in which the divided parcels are to obtain access.
b. Staff Review and Action
Upon receipt of a complete application, the Director shall approve or deny the land division based on the findings in Section 8.5.C(4) below.
(4) Land Division Required Findings
The Director shall review and approve a land division that conforms to the following findings:
a. The parcels resulting from the division conform to applicable zoning regulations;
b. The division of land would not result in a “subdivision” as defined by this Code;
c. None of the resulting parcels would be landlocked;
d. The street design requirements of Section 7.3.F have been met;
e. The wastewater requirements as determined by the City Engineer have been met; and
f. The storm water requirements as determined by the City Engineer have been met.
g. Lots proposed to be combined have the same zoning designation. [Ord. 2023-03 § 1 (Exh. A), 4-25-23].