Chapter 18.70


18.70.010    Purpose.

18.70.020    Applicability.

18.70.030    Definitions.

18.70.040    Land and parcel splits.

18.70.050    General development standards.

18.70.060    Application.

18.70.070    Exceptions.

18.70.080    Variances.

18.70.090    Enforcement.

18.70.010 Purpose.

The purpose of these regulations is to promote the health, safety and welfare of the residents of the community, and to preserve and enhance the natural, scenic desert environment of Sahuarita through the application of reasonable requirements which assure compliance with the adopted Floodplain Management Ordinance, adequate access and address identification for all residential properties. [Ord. 2011-048 § 1; Ord. 1998-08 § 1.]

18.70.020 Applicability.

This chapter applies to all development of residential properties, including land splits and parcel splits, not within platted subdivisions or developed under Chapter 18.69 STC (Subdivision Standards). [Ord. 2011-048 § 1; Ord. 1998-08 § 1.]

18.70.030 Definitions.

A. “Land split” means the division of improved or unimproved land, whose area is two and one-half acres or less in size, into two or three tracts or parcels of land for the purposes of sale or lease.

B. “Parcel split” includes land splits, as defined above, and the division of improved or unimproved land, whose area is greater than two and one-half acres in size, into two or three tracts or parcels of land for the purposes of sale, gift or lease.

C. “Subdivision” means improved or unimproved land or lands divided for the purpose of financing, sale, or lease, whether immediate or future, into four or more lots, tracts, or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts, or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. [Ord. 2011-048 § 1; Ord. 1998-08 § 1.]

18.70.040 Land and parcel splits.

A. Purpose. The purpose of this section is to establish a review process for land division, other than subdivisions, by which owners and prospective purchasers can be advised whether a proposed division of land complies with the town regulations relating to land and parcel splits. This review is intended to:

1. Protect and promote the public health, safety, convenience, and welfare.

2. Assure that newly created lots are of sufficient size to meet the requirements of the applicable zoning district.

3. Assure that all lots resulting from a land split will have adequate access to the lot as provided in STC 18.70.050(B).

B. Applicability. Any proposed parcel split, as defined in this section, shall be submitted to the planning and building department for review as provided in subsection C of this section.

C. Review Procedures.

1. Application Submittal. Prior to recording any parcel split, a property owner shall submit to the planning and building department an application containing the following information:

a. A completed application form.

b. A drawing or site plan showing the proposed land split. The drawing or site plan should be fully dimensioned and prepared at a scale which maintains legibility. The drawing or site plan shall show the following information:

(1) The boundaries of the original parcel or lot prior to the 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 STC 18.70.050(B).

(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 20 years or from the date of annexation if the annexation occurred within the last 20 years.

d. If applicable, a copy of any easement agreement or other legal document which permits shared facilities.

2. Review. The planning and building department shall review the parcel split application and make a determination on the following:

a. Whether the proposed land division constitutes a subdivision as defined in STC 18.70.030 requiring compliance with Chapter 18.69 STC (Subdivision Standards).

b. If the proposed land split does not constitute a subdivision, whether:

(1) The lots resulting from the proposed land split conform to the minimum lot size requirements for the zoning district.

(2) Access to the proposed lots is in compliance with STC 18.70.050(B).

(3) The location of any existing building on any lot resulting from the proposed parcel split complies with building setbacks for the applicable zone.

3. Findings. The planning and building department shall notify the applicant, in writing, of the findings within 10 working days after the parcel split application is filed.

a. If the planning and building department determines that the proposed parcel split constitutes a subdivision, compliance with Chapter 18.69 STC, as applicable, shall be required for the proposed land division.

b. If the planning and building director determines that the proposed parcel split complies with minimum requirements of this section, a letter of approval shall be issued to the applicant together with an approved copy of the parcel split drawing.

c. If the planning and building department determines that the proposed parcel split does not comply with minimum requirements of this section, a letter of findings shall be issued. A copy of the denied parcel split drawing shall be filed with the planning and building department.

d. Compliance with town ordinances and regulations not reviewed as part of the parcel split review process will be determined at the time of application for building permits when more detailed information is provided on the proposed development of each lot.

4. Compliance. No building permit or zoning compliance certificate shall be issued for development on any parcel that does not comply with state and local parcel split and subdivision regulations. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1998-08 § 1.]

18.70.050 General development standards.

A. Scope. This section provides standards for the construction or placement of site-built homes or site-delivered homes, accessory structures, access roads, driveways, utilities and flood control improvements on acreage located outside platted subdivision boundaries.

B. Access.

1. All parcel splits shall have frontage on a public road, or a perpetual access easement of 30 feet minimum width providing physical access to the parcel.

2. All access easements which serve two or more residential units shall be treated with dust mitigation materials, including but not limited to gravel (two inches in depth minimum), chip seal, asphaltic pavement, concrete, or alternative acceptable to the town engineer.

C. Address Identification Signs.

1. Residential address signs shall conform to the requirements of Chapter 18.83 STC.

2. At least one address sign, visible from the public street on which the parcel is addressed, shall be located at the intersection of said street with the residential driveway, or point of physical access.

3. The sign shall contain the street number of the residence in legible numerals at least three inches tall. The area of the sign shall not exceed two square feet.

4. For driveways or access easements serving more than one address:

a. Multiple address signs may be included in the same sign structure. For driveways serving more than two addresses, the address number signs shall be contained in one sign structure with minimum three-inch-tall numerals for each address served.

b. Additional address signs shall be placed along the driveway or access easement at intersections with other driveways or at major changes of direction for the purpose of directing traffic to individual residences.

c. An address identification sign shall be attached to the residence in a location and manner which makes the sign clearly visible to approaching traffic.

D. Floodplain.

1. Any modification or disturbance to natural drainage patterns shall be indicated on the site plan submitted to the town.

2. All driveway and utility crossings of floodplain or flood prone areas shall be designed to minimize disturbance of the floodplain.

3. Any grading, roadway crossings, or vegetation removal from floodplain areas must comply with the adopted Floodplain Management Ordinance and shall be approved by the town engineer, acting as the floodplain manager during the building permit review process. [Ord. 2011-048 § 1; Ord. 1998-08 § 1.]

18.70.060 Application.

A. Building permit applications shall include a site plan containing the following information at a minimum:

1. Address of property (can be obtained from Pima County Addressing in accordance with Chapter 18.83 STC).

2. Assessor parcel number.

3. Parcel boundaries dimensioned and labeled.

4. Location of all structures.

5. All easements on the property.

6. Setbacks for all structures.

7. Access road or driveway location showing connection to public street. The site plan or supplemental exhibit shall indicate all private property across which access is provided.

8. All utility (water, gas, septic, electric, sewer, telephone) lines.

9. Indicate the source of domestic water supply.

10. Washes and flood prone areas.

11. Location and dimensions of fences and walls.

B. The planning and building department may require additional information in order to determine compliance with the intent of the zoning code. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 1998-08 § 1.]

18.70.070 Exceptions.

Reserved. [Ord. 2011-048 § 1; Ord. 1998-08 § 1.]

18.70.080 Variances.

A. A variance to the provisions of this chapter may be granted by the board of adjustment in accordance with Chapter 18.93 STC.

B. A variance shall not be granted unless all of the following are met:

1. The strict application of this chapter creates an unnecessary hardship severely limiting the use of the property;

2. The hardship is created by a physical condition that is unusual or peculiar to the property;

3. The variance is the minimum necessary to afford relief;

4. The variance will not adversely affect the rights of surrounding property owners;

5. The variance will comply with all other requirements of this chapter;

6. The variance will be compatible with the purpose of this chapter.

C. Submittal Requirements.

1. The petitioner shall submit a complete site plan per STC 18.70.040(C)(1) showing the conditions that will result from the proposed variance, and a written statement explaining the need for a variance.

D. Action by the Board of Adjustment. The board of adjustment shall review all the submitted information and provide a written response to the petitioner of the action. The response shall state the reasons for the decision if the request is denied. [Ord. 2011-048 § 1; Ord. 1998-08 § 1.]

18.70.090 Enforcement.

A. Prior to the issuance of a certificate of occupancy or a final inspection in the case of residential development, all provisions of this section shall be satisfied and shall be verified by a zoning inspection of the property.

B. In addition, the general manner of enforcement provided in Chapter 18.95 STC (Compliance and Enforcement) shall apply.

C. Penalties: In accordance with STC 18.95.040 (Compliance and Enforcement). [Ord. 2011-048 § 1; Ord. 1998-08 § 1.]