There are three categories of procedures for making changes in property boundaries that do not deal with platting; exempt splits, land divisions and parcel combinations. This Section identifies each of these categories.
(A) Exempt splits. The following are splits of property that are exceptions to the platting requirements as outlined in the Land Division Act, or by other acts or court decisions (see illustration). The provisions of this Ordinance shall not circumvent the platting requirements of the Act.
(1) Easements.
(2) A splitting of property created as a result of acquisition of a portion of a parcel through eminent domain or a voluntary conveyance to an entity with eminent domain powers.
(3) A splitting of property created as a result of a court order.
(4) A splitting of property created by a condominium project.
(5) Transfers between adjacent unplatted parcels so long as the resulting parcels are accessible.
(6) Lease of residential apartments or commercial space in a shopping center, provided the lease does not include land.
(7) Leases of less than one year.
(8) Options to buy property.
(9) Mortgage or mortgage foreclosures.
(10) Condemnations.
(11) Sheriff sales.
(12) A splitting of property that creates a parcel 40 acres or greater, referred to in the Land Division Act as an “exempt split”.
(B) Land Divisions. A process for local municipalities to review the dividing of property into two or more parcels when that division is not exempt from the Land Division Act as identified in division (A) above and the number of divisions proposed do not require the more extensive subdivision plat review process. The right to make divisions exempt from the platting requirements of the Land Division Act can be transferred but only from a parent parcel or parent tract to a parcel created from that parent parcel or parent tract. The purpose of this Section is to identify when a proposed division of land requires review and approval through the land division process, outline the approval process, detail criteria necessary for approval, review building permit requirements, and provide for an appeals process.
(1) When is Land Division Approval required. Land division approval is required when dividing unplatted property into two or more parcels, the division is not exempt from the Land Division Act as identified in division (A) above and the number of divisions proposed, together with any previous divisions of the same parent parcel or parent tract, does not exceed those allowed by Section 108 of the Land Division Act, Act 288 of the Public Acts of 1967, as amended.
(2) Approval process.
(a) Information required. Information required by the applicant for land division approval shall include:
1. A completed “Land Division Application” provided by the City.
2. An adequate and accurate legal description of all parcels resulting from the proposed division, including the remainder of the parent parcel or parent tract.
3. A survey, map or drawing of the proposed division.
4. The fee established by the City Commission for review of land divisions.
(b) Submission and review.
1. Application and fee shall be submitted to the City Clerk or designee.
2. The City Assessor or designee shall review for compliance with the Land Division Act and this chapter. The City Assessor or designee shall be responsible for determining if the applicant has provided an adequate and accurate legal description and an adequate survey, map or drawing, if the proposed division meets the four to one maximum parcel depth to width ratio, if the applicant possesses division rights equal to the number of divisions desired, and if the divisions do not exceed the maximum number of land divisions allowed as outlined in division (B)(1) above of this section.
3. The City Engineer and Public Works Director shall review for compliance with adopted departmental standards and ordinances. The City Engineer and Public Works Director shall be responsible to determine if the parcel is accessible and has adequate easements for public utilities.
4. The Department of Community Development shall review for compliance with the City’s Zoning Ordinance and Land Use Plan. The Zoning Administrator shall review to determine compliance with parcel width and parcel area requirements.
5. Within 45 days of receipt of a complete application for land division approval, the City Assessor or designee shall approve or deny the land division request. In the case of denial, the City Assessor or designee shall identify in writing the basis for denial of the request. The basis for denial shall be non-compliance with one of the standards for approval outlined in division (B)(3) below of this section.
(3) Criteria for approval.
(a) All proposed land divisions must comply with all of the following criteria in order to be approved. The following shall be the basis for approval of a land division request.
1. Each parcel (including the remainder of the parent parcel or parent tract) shall have an adequate and accurate legal description and shall be shown on a survey, map or drawing, drawn to scale, which shows the area of each parcel, parcel lines, dimensions, setbacks, public utility easements, rights-of-way, accessibility and any other information that is necessary to determine compliance with the criteria for approval.
2. Each parcel ten acres or less in size shall have a depth not more then four times its width unless a variance from this requirement is granted by the ZBA. For the purpose of this criterion, the definition of lot (parcel) width in Article 2 of the City of Big Rapids Zoning Ordinance shall be used. For the purpose of this criterion, depth shall be defined as the mean distance from the front street lot (parcel) line to the rear lot (parcel) line as defined in Article 2 of the City of Big Rapids Zoning Ordinance. The depth to width ratio requirements shall not apply to the remainder of the parent parcel or parent tract retained by the proprietor.
3. Each parcel shall comply with the minimum parcel width, maintained to the minimum lot depth, for the zoning district in which it is located unless a variance is granted by the ZBA.
4. Each parcel shall comply with the minimum parcel area for the zoning district in which it is located unless a variance is granted by the ZBA.
5. Each parcel is accessible as defined in this chapter.
6. The request complies with the limitation on the maximum number of divisions allowed per parent parcel or parent tract as outlined in division (B)(1) of this section and Section 108 of the Land Division Act, Act 288 of the Public Acts of 1967, as amended.
7. Each resulting parcel that is a development site has adequate easements for public utilities from the parcel to existing public utility facilities.
(b) The Zoning Board of Appeals (ZBA) may grant a variance from the minimum parcel area, minimum parcel width or maximum parcel depth to width ratio upon a finding of practical difficultly as defined in Section 13.6 of the City of Big Rapids Zoning Ordinance.
(4) Building permit requirements. Approval of a land division neither implies the resulting parcels are buildable, nor a determination that the resulting parcels comply with other City ordinances or regulations. In order to build on a parcel, the property must also comply with the State’s Building Code, the City’s Zoning Ordinance, and all other applicable City ordinances. In addition, any parcel resulting from a division that is less than one acre in size shall not be issued a building permit unless the parcel has both of the following:
(a) Public water or district health department approval for the suitability of an on-site water supply.
(b) Public sewer or district health department approval for the suitability of an on-site sewage disposal.
(5) Appeals. Any applicant aggrieved by a decision of the City Assessor or designee on a land division request may appeal the decision to the ZBA by submitting the required application and fee to the Zoning Administrator. If an appeal is filed, the City Assessor or designee shall transmit the file on the request being appealed to the ZBA.
(C) Parcel combinations. Any combination of existing parcels into a single parcel that does not involve a land division or lot split as defined in this chapter, upon the written request of the proprietor, shall be approved by the City Assessor or designee, provided the proposed new parcel complies with the minimum parcel area and parcel width requirements of the City’s Zoning Ordinance. Absent a written request, the Assessing authority shall send a notice of intent to combine parcels to the proprietor. Permission shall be considered obtained if there is no negative response within 30 days following the notice of intent.
(Ord. 496-7-02, passed 7-15-02; Am. Ord. 762-07-20, passed 7-20-20)