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Sahuarita City Zoning Code

CHAPTER 18

85 LOT DEVELOPMENT MODIFICATIONS

§ 18.85.010 Purpose.

A. 
Establish criteria for lot development modification applications, preventing potentially adverse impacts on adjacent properties;
B. 
Encourage flexibility, the efficient use of land, innovative development, site planning and architectural design;
C. 
Allow for minor adjustments after a subdivision is platted in order to meet current market needs; and
D. 
Permit building location and construction which conserve energy.
(Ord. 2011-048 § 1; Ord. 2015-105 § 1; Ord. 2016-107 § 1)

§ 18.85.020 Scope.

A. 
Applications for lot development modifications shall be submitted to the planning and building department for review and approval; and
B. 
Application for a lot development modification may only be made by the property owner of the subject property or an agent representing the property owner.
(Ord. 2016-107 § 1)

§ 18.85.030 Modification of setback.

A. 
Applicability. Front, side and rear yard setbacks and distances between structures or buildings required by this code may be modified by the zoning administrator in accordance with the provisions below. The granting of a modification of a setback requirement of the zoning code shall not waive or modify building code or fire code regulations.
B. 
Application. Requests for modification of setback requirements shall be made on application forms provided by the planning and building department. The application shall include:
1. 
Legal description;
2. 
A letter of authorization if the property owner is represented by an agent;
3. 
A site plan showing existing and proposed buildings and structures, access, parking, and distances from buildings and structures to property lines and to other buildings and structures;
4. 
An elevation drawing, if determined necessary by the zoning administrator, showing the existing and proposed buildings or structures;
5. 
A statement describing how the proposal complies with the standards in this section;
6. 
Any other information reasonably necessary to evaluate the application which is required by the zoning administrator;
7. 
A fee as per Chapter 3.10 STC; and
8. 
Signatures of the property owners of record or the authorized agent of the owner.
C. 
Notice.
1. 
The applicant must gather signatures of the property owners of record or the authorized agent of the owner, indicating that the applicant provided notice to the owners of potentially affected properties per subsection (C)(2) of this section.
a. 
If signatures are not obtained by the applicant, planning staff shall provide a mailed notice that includes a site plan and application to affected property owners.
b. 
Affected property owners have 15 days after date of mailing to respond; if no response is received by town staff, the application shall continue through the review process.
2. 
Affected property owners include:
a. 
Property owners adjacent to the applicant's property;
b. 
Property owners within 100 feet of the applicant's property line but separated by a public or private road or private common area if the application includes a front or side setback modification; and
c. 
Property owners determined by the zoning administrator to be affected by the request.
D. 
Standards. The zoning administrator shall grant a modification of the setback requirements only after a finding is made that the following standards have been met:
1. 
The reduced setback will not substantially reduce the amount of privacy that would be enjoyed by nearby residences;
2. 
Significant views of prominent landforms, unusual stands of vegetation, or parks from nearby properties will not be obstructed any more than would occur if the setback were not modified;
3. 
Does not create a situation where proposed development will block visibility within the required visibility triangle on adjoining streets for either vehicular or pedestrian traffic;
4. 
Drainage from proposed buildings and structures will not adversely affect adjoining properties and public rights-of-way; and
5. 
Does not create a situation where the proposed development will cause trespass lighting or decrease solar access on adjoining properties.
(Formerly 18.85.020; Ord. 2011-048 § 1; Ord. 2015-098 § 1; Ord. 2016-107 § 1)

§ 18.85.040 Lot line adjustment.

A. 
Applicability. Lot lines may be adjusted by the zoning administrator in accordance with the provisions below. The granting of a lot line adjustment shall not waive or modify building code or fire code requirements.
B. 
Application. Requests for lot line adjustments shall be made on application forms provided by the planning and building department. The application shall include:
1. 
Letter of authorization if the property owner is represented by an agent;
2. 
Letter of authorization from adjacent property owner(s) affected by adjustment;
3. 
A lot line adjustment fee and recording fee as per Chapter 3.10 STC;
4. 
Statement describing the purpose of the adjustment;
5. 
Sealed survey of adjusted property boundaries prepared by a licensed surveyor or licensed engineer;
6. 
Legal description;
7. 
A site plan, fully dimensioned and prepared at a scale which maintains legibility. The site plan shall show the following information:
a. 
The boundaries and dimensions of the original parcels or lots prior to the proposed adjustment;
b. 
The boundaries and dimensions of the proposed lots after the adjustment;
c. 
The public rights-of-way adjacent to or within the property, including streets and utility easements;
d. 
The location and dimensions of any existing structures;
e. 
The setback measurements of existing buildings from existing and proposed property lines;
f. 
The land area of each proposed lot in square footage or acreage;
g. 
Access to all proposed lots in compliance with STC § 18.70.050(B); and
h. 
Information on any shared uses and/or facilities between properties.
C. 
Standards.
1. 
The zoning administrator shall grant a lot line adjustment only after the following criteria have been met. If the proposed lot line adjustment is approved, staff will transmit the lot line adjustment to the Pima County recorder for recording.
a. 
The modification is the minimum amount necessary to afford relief;
b. 
The property shall continue to meet all access and setback requirements of the zone; and
c. 
The modification shall not create a situation that will adversely affect adjacent properties.
2. 
A lot line adjustment shall not be issued if:
a. 
The property does not meet all access and setback requirements of the zone; and
b. 
The modification will cause proposed structures to drain onto or adversely affect adjacent properties.
(Ord. 2016-107 § 1)

§ 18.85.050 Lot area modifications.

A. 
Applicability. Minimum lot area required by this code may be modified by the zoning administrator in accordance with the provisions below. The modification shall not waive any provisions of the town building code or any other codes or policies.
1. 
It shall apply to all rural and residential properties; and
2. 
Structures on property shall be subject to all setback requirements of the zone they are in.
B. 
Application. Requests for modifications shall be made on application forms provided by the planning and building department.
1. 
The application shall include:
a. 
Letter of authorization if the property owner is represented by an agent;
b. 
Letter of authorization of adjacent property owner(s) affected by modification;
c. 
Brief summary describing the purpose of the modification;
d. 
Sealed survey of adjusted property boundaries prepared by a licensed surveyor or licensed engineer;
e. 
Legal description;
f. 
A site plan, fully dimensioned and prepared at a scale which maintains legibility. The site plan shall include the following:
(1) 
The boundaries and dimensions of the original parcels or lots prior to the proposed adjustment;
(2) 
The boundaries and dimensions of the proposed lots after the adjustment;
(3) 
The public rights-of-way adjacent to or within the property, including streets and easements;
(4) 
The location of all proposed and existing structures on the lot or parcel;
(5) 
The setback measurements of existing buildings from existing and proposed property lines; and
(6) 
The land of each proposed lot in square footage or acreage.
g. 
Documentation of the land division history of the parcel consisting of either assessor's maps and records, deed, 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.
C. 
Notice. The applicant must notify the adjacent property owner(s) if the lot area modification changes the area of the adjacent lot(s). The adjacent property owner(s) affected by the lot modification must give permission by providing the application with a letter of authorization.
D. 
Standards.
1. 
Review.
a. 
The modification shall not reduce the lot area acreage below the required zoning minimum by more than 10 percent;
b. 
The modification is the minimum amount necessary to afford relief;
c. 
The property shall continue to meet all access and setback requirements of the zone; and
d. 
The modification shall not create a situation that will adversely affect adjacent properties.
2. 
A lot area modification shall not be issued if:
a. 
The property does not meet all access and setback requirements of the zone; and
b. 
The modification will cause proposed structures to drain onto or adversely affect adjacent properties.
(Ord. 2016-107 § 1)

§ 18.85.060 Decision.

A. 
Zoning Administrator Decision. The zoning administrator may approve or deny applications for a lot development modification.
1. 
Approval.
a. 
The zoning administrator shall review all the submitted information and provide a written response to the applicant regarding the approved modification within 30 days of an accepted application;
b. 
If approved, the applicant must apply for building or structure permits within one year of the modification approval; and
c. 
Failure to apply for the necessary permits within the required time frame shall render the modification approval null and void.
2. 
Approval with Conditions.
a. 
The zoning administrator may approve the modification with conditions;
b. 
Conditions tied to approval of a modification are to be met within 30 days of approval;
c. 
If conditions are not met within 30 days, the modification approval becomes null and void.
3. 
Denial. If the modification is denied, the zoning administrator shall provide a written response with reasons for the denial.
B. 
Referral to the Board of Adjustment. The zoning administrator may refer an application to the board of adjustment in accordance with STC § 18.85.070(C).
(Ord. 2016-107 § 1)

§ 18.85.070 Appeals.

A. 
The applicant may appeal the lot development decision of the zoning administrator by filing an appeal to the board of adjustment and shall be heard in accordance with procedural requirements of STC § 18.93.030;
B. 
If a protest to a lot development modification is submitted in writing within 15 days of the date of the mailing of notice by an owner of affected property, the zoning administrator shall refer the application to the board of adjustment to be heard in accordance with procedural requirements of STC § 18.93.030. Such protests may be based only upon characteristics of the development that would not be allowed by the zoning code without the modification;
C. 
The zoning administrator may forward any lot development modification application to the board of adjustment to be heard in accordance with procedural requirements of STC § 18.93.030; and
D. 
Appeal and Protest Fee. The fee shall be in accordance with the board of adjustment filing and public notice fee as specified in the fee schedule for the town of Sahuarita. No additional fee is required for any application forwarded as a variance to the board of adjustment.
(Ord. 2016-107 § 1)