The procedure for review of land splits for compliance with the requirements of the Tucson Code, Chapter 23, Land Use Code (LUC), Article IV, Division 3, shall be as provided below. Applications filed under this procedure require review and decision by the planning and development services department (PDSD) director or designee for conformance with LUC requirements.
(1) Application. Applications are submitted to the planning and development services department (PDSD) and shall be accepted as complete or rejected as incomplete within two (2) days. Application requirements shall be established by the PDSD director and shall include the information required under the Land Use Code (LUC), section 4.3.3.1, and as listed below.
a. A completed application form.
b. A drawing or sketch showing the proposed land split. The drawing or sketch should be fully dimensioned and prepared at a scale that maintains legibility. The drawing or sketch shall show the following information:
1. The boundaries of the original parcel or lot prior to the land split.
2. The proposed lots.
3. The rights-of-way adjacent to or within the property, including streets and easements.
4. The locations and dimensions of any existing structures.
5. The setbacks of existing buildings from existing and proposed property lines.
6. The land area of each proposed lot in square feet or acreage.
7. Access to all proposed lots in compliance with section 3.2.14.5 of the Land Use Code (LUC).
8. Whether there is any shared use of facilities between properties.
c. Documentation of the land division history of the parcel. Documentation may consist of assessor's maps and records, deeds, title history search, or any other information that would credibly show the number of land divisions that have occurred from the original parcel over the last twenty (20) years or from the date of annexation if the annexation occurred within the last twenty (20) years.
d. If applicable, a copy of any easement agreement or other legal document that permits shared facilities. For specific information on the preparation of the drawing or sketch and other submittal requirements, refer to Development Standard 2-03.0 for land splits.
(2) Review. Review is conducted by planning and development services department (PDSD) staff for implementation of provisions of the Land Use Code (LUC) on land splits, including the determinations provided in section 4.3.3.2 of the LUC and applicable requirements from state law.
(3) Planning and development services department (PDSD) director's decision. The planning and development services department (PDSD) director shall base the approval or denial of an application on the findings listed in the Land Use Code (LUC), section 4.3.3.3. Such decision shall be issued within ten (10) days of acceptance. As provided in the LUC, section 4.3.3.3.D, if a decision is not issued within the ten-day period, the land split shall be deemed not to constitute a subdivision.
(4) Appeal. The applicant may appeal the planning and development services department (PDSD) director's decision within fourteen (14) days of the date of decision. The appeal shall be considered in accordance with the board of adjustment appeal procedure, section 23A-61.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10655, § 4, 4-21-09, eff. 7-1-09)