(A) An application for division of land shall not be approved unless it is in compliance with the Land Division Act, Michigan Public Act 288 of 1967, being M.C.L.A. §§ 560.101—560.293, as amended or replaced.
(B) Accordingly, the following conditions apply:
(1) Division of the parent parcel or parent tract. The number of parcels created shall not exceed the amount specified by § 108 of Michigan Public Act 288 of 1967, being M.C.L.A. §§ 560.101—560.293, as amended. Accordingly, a proposed division, together with any previous divisions of the same parent parcel or parent tract, shall result in a number of parcels not more than the sum of the following:
(a) For the first ten acres or fraction thereof in the parent parcel or parent tract: four parcels;
(b) For each whole ten acres in excess of the first ten acres in the parent parcel or parent tract: one additional parcel, for up to a maximum of 11 additional parcels;
(c) For each whole 40 acres in excess of the first 120 acres in the parent parcel or parent tract: one additional parcel;
(d) If the parent parcel or parent tract is 20 acres or greater, the division may result in a total of two additional parcels; provided that, one or both of the following conditions exist:
1. Because of the establishment of one or more new roads, no new driveway access to an existing public road is required or created for any of the resulting parcels; and/or
2. One of the resulting parcels comprises not less than 60% of the area of the parent parcel or parent tract.
(e) A parcel of 40 acres or more created by the division of a parent parcel or parent tract shall not be counted toward the number of parcels permitted.
(Ord. rev. 4-1-1997)
(2) Additional future division. A parcel or tract created by an exempt split (as defined in Public Act 288 of 1967, being M.C.L.A. §§ 560.101—560.293, as amended) or a division is not a new parent parcel or parent tract and may be further partitioned or split without being subject to the platting requirements of Public Act 288 of 1967, being M.C.L.A. §§ 560.101—560.293, as amended, if all of the following requirements are met:
(a) Not less than ten years have elapsed since the parcel or tract was recorded; and
(b) The partitioning or splitting results in not more than the following number of parcels, whichever is less:
1. Two parcels for the first ten acres or fraction thereof in the parcel or tract, plus one additional parcel for each whole ten acres in excess of the first ten acres in the parcel or tract; and
2. A total of seven parcels, except that a total of ten parcels may result if one of the resulting parcels under this division comprises not less than 60% of the area of the parcel or tract being partitioned or split.
(Ord. rev. 4-1-1997)
(3) Division of land in a recorded plat.
(a) A subdivision lot, outlot or other parcel of land in a recorded plat may be divided pursuant to the requirements of this chapter only if the lot, outlot or other parcel is divided into not more than four parts; and, provided that:
1. Each of the resulting parcels shall comply with minimum requirements for a buildable zoning lot;
2. The total number of lots in the subdivision shall not increase above the number originally platted; and
3. The total land area within the subdivision shall not decrease below the area of the original plat.
(b) Proposals to increase or decrease the total land area within a subdivision shall require a replat of all or part of the subdivision pursuant to § 104 of Michigan Public Act 288 of 1967, being M.C.L.A. §§ 560.101—560.293, as amended. Where land has been added to a subdivision lot resulting in expansion of the lot and subdivision boundaries, the lot shall not be subsequently divided in a manner that would decrease the size or amount of land encompassed by the original platted lot.
(4) Depth-to-width ratio. Parcels created as a result of division of land that are ten acres or smaller shall have a maximum depth-to-width ratio of three to one, except where it is demonstrated that a deeper lot will protect natural resources, such as woodlands, wetlands or wildlife habitat.
(Ord. rev. 4-1-1997)
(5) Irregularly shaped lots.
(a) The purposes of minimum lot area standards are to achieve adequate open space around and between dwelling units, achieve building development that is proportional to the area of the lot, provide adequate land on each lot to allow development without the need for variances, preserve the character of the neighborhood and surrounding area, and maintain privacy on each building lot. This can be accomplished on lots meeting the minimum area standards that are nearly rectangular in shape, but is more difficult to accomplish on irregularly-shaped lots, such as those with more than four sides and/or those where a portion of the required lot area is located in one or more appendages or extensions off of the main buildable portion of the lot (such as T-shaped or L-shaped lots).
(b) Consequently, any proposal to create a new lot ten acres or less in area shall not be permitted if the lot:
1. Has more than four sides;
2. Is irregularly-shaped as a result of an appendage or extension; and
3. Has less than the minimum lot area required if the area of the appendage or extension is not included in the lot area calculation.
(Ord. added 2-3-2004)
(Ord. 33, passed - -1996)