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(1) (a) This section is intended to provide a means for owners of lots in platted subdivisions, within the Village of Kingsley, to acquire portions of adjoining subdivision lots for purposes of expanding the area on which a structure might be erected under the zoning ordinance.
(b) This section is passed pursuant to the provisions of § 263 of the Subdivision Control Act of 1967 (now the Land Division Act; M.C.L.A. § 560.263).
(2) (a) It is not the intent of this section to authorize, in any fashion, the creation of new lots within a platted subdivision, not to affect the boundaries of any lots or portions of the platted subdivision.
(b) Rather, it is the intent to allow a property owner within a platted subdivision to acquire a portion of an adjoining lot in the subdivision, the same being a “lot division” for purposes of expanding the buildable portion of the lot owner's property for the purposes as may be authorized under the zoning ordinance.
(B) Lot division.
(1) The division of the lot in a recorded plat is prohibited, unless approved following application to the Village Council.
(2) No lot in a recorded plat shall be divided into more than 2 parts and the resulting lots shall be no less in area, nor less in width, than permitted in the various zoning districts.
(3) No lot splits will be approved for other than adding a part of a lot to an adjacent lot.
(4) No new lots will be created by this provision.
(C) Application for lot division.
(1) (a) The application for a lot division shall be filed with the Village Clerk and shall state the reasons for the proposed division.
(b) The application shall include, in addition to the reasons for the proposed division, a plat drawn to scale and showing the proposed lot split in sufficient detail to enable a determination of whether the proposed split meets requirements for lot size, driveway access, drainage, provision for utilities, and effect on adjacent properties.
(2) It is required that once a lot is split, the owner, as part of the application, agrees to place in the deed (or deeds) exchanging land or splitting a lot a restriction to the effect that the portion of the split lot shall be a part of the lot with which it is combined for all future transfers or assignments, and may be transferred or assigned only in conjunction with the lot with which it is combined, as the split portion is not a separate, buildable lot.
(D) Review procedure.
(1) The Village Council may submit the request for division to the Planning Commission for review and recommendation prior to making a decision on the requested division.
(2) (a) Upon receipt of a request for division of a lot in a platted subdivision, the Village Council, if it does not refer the matter to the Village Planning Commission for review, or the Village Planning Commission, if the application is referred to the Commission, shall, within 30 days, hold a public hearing upon the application, after at least notice by 1 publication in a newspaper of general circulation in the village, which notice shall be published not more than 15 days, nor less than 5 days, prior to the date of the hearing.
(b) Notice of the public hearing and request for comments shall also be sent to:
1. The County Road Commission;
2. The County Drain Commissioner; and
3. The Soil Erosion and Sedimentation Control Officer.
(3) (a) In reviewing the proposed division, the Village Council or Planning Commission, whichever is applicable, shall consider the following.
(b) The splitting of a platted lot is authorized when it is necessary to resolve:
1. A boundary dispute as between parties that has resulted from a surveyor's error;
2. A verifiable builder's mistake;
3. An excusable mistake on the part of the owners, which has resulted in either an encroachment or violation of village setback requirements; or
4. To enlarge 2 lots by splitting a third lot.
(4) Following review, the Village Council may, if it reserves review of the application to Council, or upon receipt of a recommendation from the Planning Commission, if the application is referred to the Planning Commission, approve or deny the lot division.
(E) Violations. In the event of a violation of the provisions of this section pertaining to lot division within a platted subdivision, the same shall constitute a civil infraction punishable by fine and the costs as, from time to time, may be set by the Village Council and/or ordered by a court of appropriate jurisdiction.
(F) Effective date. This section shall become effective immediately upon publication in a newspaper in general circulation within the Village of Kingsley.
(Ord. 2000-LD-1, passed 9-11-2000) Penalty, see § 150.99