Notwithstanding disqualification from approval pursuant to this chapter, a proposed land division which does not fully comply with the applicable lot, yard, accessibility, and area requirements of the Montrose Township Zoning Ordinance or this chapter may be approved in any of the following circumstances:
(A) Where the applicant executes and records an affidavit or deed restriction with the Genesee County Register of Deeds, in a form acceptable to the township, designating the parcel as “not buildable.” Any such parcel shall also be designated as “not buildable” in the township’s records and shall not thereafter be the subject of a request to the Township’s Zoning Board of Appeals for variance relief from the applicable lot and/or area requirements, and shall not be developed with any building or above-ground structure four feet in height;
(B) Where, in circumstances not covered by division (A) above, the Zoning Board of Appeals has, previous to this chapter, granted a variance from the lot, yard, ratio, frontage, and/or area requirements with which the parcel failed to comply; and/or
(C) 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 chapter, the Montrose Township Zoning Ordinance, or the State Land Division Act.
(Ord. 112, passed 6-15-1998) Penalty, see § 151.99