8.1. PURPOSE

   The purpose of this article is to:

8.1.1.   Assure that all land divisions, land spits, and subdivisions are in conformance with the City ’s regulations regarding land development ;

8.1.2.   Assure a coordinated vehicular and pedestrian circulation system;

8.1.3.   Establish minimum standards for land divisions and subdivisions ;

8.1.4.   Assure that all lots or parcels are provided with infrastructure  improvements ;

8.1.5.   Provide an expedient and consistent review process;

8.1.6.   Obtain accurate survey and permanent public record of the boundaries of lots created by the division of lands and subdivision  plats ;

8.1.7.   Facilitate the conveyance of land by reference to an accurate legal description by means of a recorded subdivision  plat ; and,

8.1.8.   Provide a convenient method of describing property being conveyed.

8.2. APPLICABILITY

   This article applies to all proposed land divisions, land spits, and subdivisions of land as defined in this code, with the following exceptions:

8.2.1.   The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots ;

8.2.2.   The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership;

8.2.3.   The leasing of apartments, offices, stores, or similar space within a building or mobile home/RV park, or mineral, oil, or gas leases;

8.2.4.   Land divisions for defining cemetery plots or columbarium units; and,

8.2.5.   Although exempt from this article, these types of land divisions may still require review and approval by the PDSD staff and outside review agencies in accordance with other articles of the UDC .

8.3. LAND DIVISION

8.3.1. LAND SPLIT

   A.   Purpose

   According to A.R.S. §9-463.01(T), the City may regulate a land split as defined in Section 11.4.13 within its jurisdictional limits. The state law gives the City authority to determine the division lines, area, and shapes of the parcels . Neither a tentative plat nor a final plat is required but the resulting tracts or parcels shall conform to applicable zoning requirements and other government codes and ordinances. The purpose of this section is to establish a review process for land splits . This review:

      1.   Assures that newly created tracts or parcels are of sufficient size to be developed and meet the requirements of applicable zoning classification;

      2.   Assures that the newly created tracts or parcels have locations for building pads that are protected from flood and erosion hazards as defined in the Floodplain Ordinance (Tucson Code Chapter 26) and Standards Manual for Drainage Design and Floodplain Management in Tucson, Arizona; and,

      3.   Assures that all tracts or parcels resulting from a land split shall have adequate access as specified by Section 7.8, Access, of the UDC , Sections 7-01.0.0, Pedestrian Access, and 10-01.0.0, Street Technical Standard, of the Technical Standards Manual and City of Tucson Drainage Manuals.

   B.   Applicability

   A proposed land split shall be submitted to PDSD for review and approval as provided in this section.

   C.   Pre-application Conference Recommended

   A pre-application conference is encouraged, but not required.

   D.   Application Required

   Submittal of an application to the PDSD is required in order to process the request. The application must be in accordance with Section 2-08.0.0, Land Split Applications, of the Administrative Manual. Applications are reviewed for completeness in accordance with Section 3.2.3, Application Requirements.

   E.   Review

   Land splits are reviewed by the PDSD for compliance with the following requirements:

      1.   Does not constitute a subdivision as defined in Section 11.4.20 which would require compliance with platting requirements of Section 8.4;

      2.   Results in tracts or parcels which conform to the minimum lot size requirements of the property’s zone ;

      3.   Provides access to the proposed tracts or parcels in accordance with Section 7.8, Access, of the UDC , Sections 7-01.0.0, Pedestrian Access, and 10-01.0.0, Street Technical Standard, of the Technical Standards Manual, and the City of Tucson Floodplain Ordinance and Drainage Manuals;

      4.   Results in all existing buildings complying with the perimeter yard requirements of the property’s zone ; and,

      5.   Results in tracts or parcels of at least the minimum size required to build in accordance with the applicable zoning including any natural, environmental and floodplain requirements in accordance with the City of Tucson Floodplain Ordinance and Drainage Manuals.

   F.   Decision

      1.   The PDSD Director decides whether to approve or deny an application.

      2.   The PDSD will notify the applicant if the land split has been approved.

   G.   Recordation Required

   After approval, the deeds for the land split shall be recorded at the Pima County Recorder’s Office by the applicant/owner or his designated agent.

8.4. SUBDIVISIONS

8.4.1. BLOCK PLAT

   A.   Purpose

   The block plat process allows a subdivider to divide a parcel of land into ten or fewer lots without the necessity of a tentative plat, subject to the requirements of this section as allowed for by A.R.S. §9-463.01(U). A block plat may be used to abandon a previously recorded plat. Although a tentative plat is not required, additional information shall be submitted as needed, to review the project for compliance with all governmental regulations and good engineering practices. Additional information that may need to be provided include a geotechnical report, grading plan, drainage report, phasing plan, title report, or other documents that the City deems necessary to review for compliance with all applicable standards.

   B.   Applicability

   Any proposed block plat , as defined in Section 11.4.3, shall be submitted to PDSD for review and decision as provided below.

   C.   Pre-application Conference Required

   A pre-application conference in accordance with Section 3.2.1 is required.

   D.   Application, Review, Decision, and Recordation

      1.   Block plats shall be prepared, reviewed for compliance with Section 8.4.1.E, Criteria, and considered for approval in accordance with Section 8.4.5, Final Plat, with the exception that a pre-application is required.

      2.   After approval of the block plat by the Mayor and Council, the block plat must be recorded with the Office of the Pima County Recorder.

   E.   Criteria

   Block plats must:

      1.   Result in ten or fewer lots;

      2.   Result in lots /blocks that conform to the minimum lot size requirements of the property’s zone ;

      3.   Provide access to the proposed lots in compliance with Section 7.8, Access, of the UDC and Sections 7-01.0.0, Pedestrian Access, and 10-01.0.0, Street Technical Standard, of the Technical Standards Manual;

      4.   Results in all existing buildings complying with the perimeter yard requirements of the property’s zone ;

      5.   Conform to all City , state , and federal drainage requirements;

      6.   Result in lots of at least the minimum size required to build in conformance with the applicable zoning including any natural, environmental and floodplain requirements;

      7.   Not be for a Flexible Lot Development; and,

      8.   When used to abandon a plat, the disposition of the public right-of-way and utility easements created by the abandoned plat is provided.

(Am. Ord. 11070, 5/14/2013)

8.4.2. RESIDENTIAL AND NON-RESIDENTIAL CONDOMINIUM AND CONDOMINIUM CONVERSION PLAT

   A.   Purpose

   The purpose of this section is to establish procedures and requirements for proposed condominium  projects and the conversion of existing structure(s) into condominiums as allowed by A.R.S. Title 33, Chapter 9.

   B.   Applicability

   A proposed condominium  project or condominium conversion that meets the definition of a subdivision , as defined in Section 11.4.20, shall be submitted to the PDSD for review and decision as provided below.

   C.   Application, Review, Decision, and Recordation

      1.   Under Arizona Revised Statutes, A.R.S. § 9-463.02(A), a subdivision  plat is required when a condominium or similar project contains four or more parcels .

      2.   A tentative and final plat is required; however, the approved site plan for the existing structure/development may serve as the tentative plat if approved by the Director .

      3.   Tentative plats of a proposed condominium are prepared, reviewed, and considered for approval in accordance with Section 8.4.4, Tentative Plat.

      4.   Final plats of the proposed condominium or condominium conversion n are prepared, reviewed, and considered for approval in accordance with Section 8.4.5, Final Plat.

      5.   A final plat may be submitted concurrent with the tentative plat in accordance with Section 3.2.3.B, Sequential or Concurrent Review Procedure.

      6.   After approval by the Mayor and Council, the final condominium or condominium conversion  plat must be recorded with the Office of the Pima County Recorder.

(Am. Ord. 11200, 9/23/2014)