A.   This section regulates division lines, area, and shape of tracts or parcels created by land splits within the Town, as authorized by A.R.S. § 9-463.01(T).

   B.   Except when it meets the definition of subdivision, a land split is the division of improved or unimproved land whose area is 2 acres or less into two or three tracts or parcels of land.

   C.   No land split shall create a lot, tract or parcel smaller than the minimum dimensions and area, nor larger than the maximum depth provided under the regulations for the applicable zoning district.

      1.   Combined tracts or parcels shall be considered one tract or parcel.

      2.   Nothing in this section shall be construed to allow the building over lot, tract, or parcel lines of two or more lots, tracts, or parcels used as a building site where the lots, tracts, or parcels have not been consolidated as required by section 13-07-060 (building across lot lines).

      3.   Wedge-shaped lots, tracts, or parcels shall be considered legal width lots when one of the following meets or exceeds the required width provided under the regulations for the applicable zoning district:

         a.   The width measured at the front required setback line, or

         b.   The width at a front setback line shown on a recorded plat that is deeper than the front required setback line and is thereafter used to determine the required front yard setback.

   D.   No land split shall occur which results in a tract or parcel that does not comply with the area and shape requirements of the applicable zoning district or which violates any other provision of this Code.

   E.   Land split review process

      1.   Before a land split occurs, the owner, representative, or purchaser shall file with the Development Services Department a land split application form and two copies of a record of survey prepared by a registered land surveyor containing the surveyor’s certificate of accuracy and seal. The record of survey shall accurately depict the boundaries of the tracts or parcels created by the land split and any recorded easements, existing structures, and other information required by the application form.

      2.   The Development Services Department shall review the land split application and record of survey for compliance with this Code. Within seven working days of receiving the application, the Department shall, by written decision:

         a.   Approve the land split if the information is in order and complete and complies with this Code, or

         b.   Deny the land split, with an explanation of how the application is incomplete or fails to comply with this Code.

      3.   Upon approval by the Development Services Department, one record of survey showing the approval shall be recorded in the office of the Yavapai County Recorder.

   F.   A decision by the Development Services Department to deny the land split may be appealed in writing to the Board of Adjustment within 30 calendar days of the Department’s decision.

   G.   Penalties

      1.   Failure to comply with the review and approval process set forth in subsection 13-18-010 E above prior to a land split is unlawful and constitutes a civil violation.

      2.   Recording a land split in the Office of the Yavapai County Recorder which is not in accordance with this section is also a civil violation.

      3.   No building permit or other permit to use, construct, occupy, provide utilities to, grade, work in right-of-way adjacent to, etc., may be issued for any tract or parcel resulting from an unlawful land split.

      4.   Recording a land split in the office of the Yavapai County Recorder prior to complying with the requirements of this section shall also be a class 3 misdemeanor.

   H.   The sale or exchange of real property to or between adjoining property owners that does not create additional lots, tracts, or parcels, is exempt from the requirements of this section.

   I.   No warranty

      1.   This section shall not be construed as an indemnification by the Town, its officers, or employees, to the owner or purchaser of any land that is the subject of a land split.

      2.   The Town s approval of a land split does not constitute a representation or warranty as to the fitness of the property for its intended use.

      3.   Property owners and subsequent purchasers of a tract or parcel created by a land split remain obligated to comply with all Town Code provisions and procedures pertaining to the tract or parcel and any uses and activities on the tract or parcel.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at Article 13-22. Prior history: Enacted by Ordinance No. 9, 06/28/1979; reenacted and amended by Ordinance No. 37, 09/04/1980; repealed and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 302, 07/08/1993; renumbered and amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 551, 04/24/2003; amended by Ordinance No. 801, 02/12/2015)