Notwithstanding disqualification from approval pursuant to this article, a proposed land division which does not fully comply with the applicable lot, yard, accessibility and area requirements of the applicable zoning ordinance or this article may be approved in any of the following circumstances:
(1) Where the applicant executes and records an affidavit or deed restriction with the county register of deeds in a form acceptable to the city designating the parcel as not buildable. Any such parcel shall also be designated as not buildable in the city records, and shall not thereafter be the subject of a request to the zoning board of appeals for variance relief from the applicable lot and/or area requirements, and shall not be developed with any building or aboveground structure exceeding four feet in height, and shall not be used for human habitation.
(2) Where, in circumstances not covered by subsection (1) of this section, the zoning board of appeals has, previous to this article, granted a variance from the lot, yard, depth-to-width ratio, frontage and/or area requirements with which the parcel failed to comply.
(3) Where the proposed land division involves only the minor adjustment of a common boundary line or involves a conveyance between adjoining properties which does not result in either parcel violating this article, any applicable zoning ordinance, or the Land Division Act (MCL 560.101 et seq.).
(Ord. No. 131, § 8, 2-2-1998)