Land splits or divisions of land not meeting the definition of land split or subdivision do not require the submission and approval of preliminary and/or final plats. Such divisions do not include or allow for a land split or further division of previously-subdivided land. Land splits with a resulting lot size of less than one (1) acre in size do not qualify for land splits and are required to go through the subdivision process.
A. All parcels or lots created by any division of land must meet the minimum parcel size applicable under the current zoning of the lots or parcels created by the division of land.
B. All parcels or lots created in a division of land shall have the required frontage on a dedicated and improved street. If a parcel or lot does not have the required frontage (determined by the zoning) on a dedicated and improved street (public or private), then the applicant shall be required to go through the subdivision process.
C. The proposed division of land may not modify lot lines in a manner that would cause building setbacks to be less than required by the underlying zoning or increase the non-conformance of an already non-conforming structure relating to building setbacks.
D. The parcels or lots created by the division of land shall have permanent legal access by connecting to a street that is part of the public access system, or to a private street created by a properly recorded plat.
E. A person proposing a land split shall submit a Record of Survey prepared by a civil engineer or registered land surveyor licensed in Arizona that reflects the lots or parcels created by the land split and the required legal access for the lots or parcels created, as set forth in Subsection 5.2.6(D). The access required to be depicted on the Record of Survey shall be only that portion leading to a public street or a street that is part of the public access system. No building permit shall be issued for a lot or parcel created by a land split until the party seeking the building permit has provided the requisite Record of Survey reflecting compliance with this Section 5.2.6 and has paid the required fees for review and approval of land splits as those fees may be established by the Council. No building permit shall be issued for a lot or parcel created by a division of land other than a land split or a subdivision until the party seeking the building permit has provided the requisite Record of Survey reflecting compliance with this Section 5.2.6.
F. All land splits or divisions of land not meeting the definition of land split or subdivision shall be required to provide street improvements along the lot frontage proportional to the impact of the parcel on the existing or planned street and consistent with the improvements constructed by adjoining parcels, but in no event less than the required street improvements for private streets in subdivisions of fewer than three lots, as shown in Table 5.2 below. If the parcel is adjacent to a public arterial or collector street, in lieu of making the street improvements described in this paragraph, the owner of the new parcel may contribute an amount to the Town equal to the parcel's proportionate share of the improvements already made, or to be made, to the public street. After the owner makes such contribution, the Town shall be responsible for the costs related to any such improvements.
G. Extension of utilities shall be measured from the closest property line of the Parent Parcel.
H. When a parcel is divided via land split pursuant to this Section 5.2.6, the Zoning Administrator may require the applicant to include on the Record of Survey the following statement:
"The parcels depicted on this Record of Survey were created on the date of this survey, and any further division of the land shown on this Record of Survey shall be treated as a subdivision."
(Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)