18.92.010 Purpose.
18.92.020 Definitions.
18.92.030 Fee required.
18.92.040 Calculation of development rights.
18.92.050 Conditions for severance and use of development rights.
18.92.060 Severance and transfer of development rights.
18.92.070 Standard procedure for transfer.
18.92.080 Optional methods for transfer of development rights.
18.92.090 Effect of transfer.
18.92.100 Amendment and appeal procedures.
18.92.110 Delegation of authority.
18.92.120 Zoning maps.
As authorized by A.R.S. § 11-821.03, this chapter establishes a process by which potential development associated with one lot or parcel of land may be transferred to another lot or parcel of land in Pima County. The intent of this chapter is to provide property owners in defined "sending areas" with an additional economic use of their lands in order to encourage development to instead occur in defined "receiving areas" that comply with the adopted comprehensive plan. All such transfers of development potential shall be in compliance with the adopted comprehensive plan, as well as all other requirements of Title 18 of the Pima County Code to the extent that the other Code requirements do not conflict with the provisions of this Chapter.
(Ord. 2007-7 § 1 (part), 2007)
A. Definitions: For purposes of this chapter only, the following terms shall mean:
1. Comprehensive plan: The most recent adopted comprehensive plan of Pima County, including but not limited to any adopted amendments to or updates of the comprehensive plan, as well as any adopted special area policies or rezoning policies of the comprehensive plan.
2. Department: The Pima County development services department.
3. Development rights: The maximum development that would be allowed on a lot or parcel in the sending property under the Pima County comprehensive plan or zoning code applicable to the sending property in effect on the date this chapter is adopted, whichever provides greater density or intensity of use, or both, respecting the permitted use, area, bulk or height of improvements made to one or more lots or parcels.
4. Sending area: All those lands designated on the Pima County development rights sending area overlay map attached as Exhibit A to this ordinance. Each lot or parcel, or portion of a lot or parcel, contained within the sending area designated on that map qualifies as one or more of the following types of lands:
a. An "important riparian area", "biological core management area", "special species management area", or "critical landscape connection" designated in the Pima County conservation lands system, each of which qualifies as natural habitat; or
b. A "high noise or accident potential zone" of a "military airport" or an "ancillary military facility", as those three terms are defined in A.R.S. § 28-8461; or
c. A floodplain, geologic feature, recreation area or parkland, or land that has unique aesthetic, architectural or historic value.
5. Sending property: Any lot or parcel, or portion of a lot or parcel, contained in a sending area.
6. Receiving area: All those areas of Pima County designated on the Pima County development rights receiving area overlay map attached as Exhibit B to this ordinance.
7. Receiving property: Any lot or parcel, or portion of a lot or parcel, contained in a receiving area, within which development rights are increased under the comprehensive plan, a specific plan, if any, or the zoning code, whichever provides greater density or intensity of use or, if applicable, both, in effect prior to a transfer of development rights and an amendment to the comprehensive plan, specific plan, zoning code, or a rezoning of the property, whichever is required to implement the increase in development rights.
(Ord. 2007-7 § 1 (part), 2007)
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