(A) Purpose and applicability. The lot combination process allows an owner of 2 or more contiguous lots, which are not in a platted subdivision and/or in a planned development zoning district, to combine the lots into 1 lot without a subdivision plat amendment. For purposes of this Article, a lot combination shall conform to the following provisions:
(1) The proposed lot combination shall not violate any provision of the city Land Development Code, or other provisions of applicable ordinances and regulations;
(2) The proposed lot combination shall not substantially reduce the amount of privacy currently enjoyed by nearby property owners;
(3) The proposed lot combination shall not substantially and adversely affect traffic or traffic circulation, drainage, sewage treatment systems, or other such systems;
(4) The lot combination does not create a situation where the proposed use of the property will create a hazard or nuisance;
(5) The lots being combined shall be contiguous, and if in a platted subdivision, shall not include lots located in another separate subdivision;
(6) The lots shall have the same owner;
(7) The lots being combined shall have the same zoning designation; and
(8) The applicant shall obtain a new assessor parcel number through the County Assessor's office.
(B) The Council hereby grants the Development Services Director or his or her designee, hereinafter referred to as "Director," the power and authority to administratively review and approve or disapprove a lot combination of parcels within the city, as per the regulations contained herein.
(C) General standards.
(1) All lot combinations shall comply with all the requirements of the specific zoning district in which the divisions are located.
(2) No lot combination shall result in more dwelling units than are permitted by the zoning district for which the lot or parcel is located.
(3) No lot combination shall result in a split zoning classification on a single lot or parcel.
(4) No lot combination shall result in the creation of a non-conforming structure or use.
(5) No lot combination shall result in a lack of legal access as defined by city standards to any lots or parcels created by the combination.
(D) Application requirements. This section outlines the minimum information needed to enable the city to make informed and expeditious decisions regarding applications for lot combinations. Unless exempted by the Director, or his/her designee, the information contained in this section shall be provided by each applicant. All mapped data shall be drawn to a scale of not greater than 1 inch equals 100 feet. Unless otherwise directed, the map data shall be drawn on a sheet size of 18 inches by 24 inches.
(E) Lot combination application process.
(1) Completed city lot combination application form shall be submitted to the Director.
(2) Lot combination survey submittal: 2 copies completed by a registered land surveyor in the State of Arizona.
(3) Payment of an application fee as set by the Council under the Apache Junction City Code, Vol. I, Chapter 4, Fees, Article 4-4. Recording fees are separately applied by the County Recorder's office.
(4) If necessary to accurately review the application, the Director may require additional information to be shown on the lot combination map, including buildings, structures, streets, driveways, and other information. If rejected, written notice shall be provided to the applicant via first class mail. The written notice shall specify the reasons for denial.
(F) Decision. The Director shall render a decision to approve or reject the application of the proposed lot combination within 30 days after submittal. If approved, then 1 finalized Mylar lot combination map shall be submitted to the Director for final signature and recordation, and a copy of the recorded lot combination map shall be sent to the applicant. If the proposed lot combination is denied, a notice of the decision shall be sent to the applicant advising him or her that he or she may appeal the decision of the Director to the Board of Adjustment. If approved, the applicant shall submit the following:
(1) A final, recordable, reproducible, Mylar map 18 inches by 24 inches consistent with the approved lot combination map;
(2) The format for recording shall meet all requirements of the County Recorder's office;
(3) Once approved by the city, the city shall record the lot combination map with the County Recorder's office within 30 days of approval. The original Mylar of the recorded lot combination map shall become the property of the city;
(4) Within 1 year of lot combination map approval, the owner/applicant shall record a deed for the new combined lot and shall utilize the approved legal description for the newly created lot combination, as transcribed on the approved lot combination map; and
(5) Owner/applicant shall provide the Planning Division with copy of the recorded deed within 1 year. Failure to record the new deed within 1 year of approval shall render the approved lot combination null and void.
(G) Appeal. An appeal of the Director's decision to the Board of Adjustment shall be filed, in writing, with the Development Services Department within 30 days from the date of the Board's decision. The Board of Adjustment shall consider the appeal as set forth in A.R.S. § 9-462.06.
(Ord. 1503, passed - -2021)