[7-21-2021 by Ord. No. 1796]
A.
The intent of this article is to:
1.
Provide general standards pertaining to the division, subdivision and condominiumizing of land:
2.
Define these processes of parceling land;
3.
Specify and reference standards; and
4.
Review processes for each to ensure orderly development throughout the City of Holland and to protect public health, safety,
and general welfare.
[7-21-2021 by Ord. No. 1796; amended 5-3-2023 by Ord. No. 1835]
|
Table of Processes, State Acts, and UDO Sections
| ||
|---|---|---|
|
Subdivision of Land Type
|
State Act
|
UDO Sections
(Chapter 39 of Code of Ordinances)
|
|
Land division
|
Michigan Land Division Act
| |
|
Subdivision plat
|
Michigan Land Division Act
| |
|
Site condominium
|
Michigan Condominium Act
| |
|
Traditional condominium
|
Michigan Condominium Act
| |
[7-21-2021 by Ord. No. 1796; amended 5-3-2023 by Ord. No. 1835]
All parceling of existing lots, parcels, or tracts of land (“lots”) shall meet
the required standards of this section. Lots that
do not comply with the standards in this article are nonconforming properties and they may not be further divided or subdivided. See
Section 39-1.07.E to determine property size and measure lot width. See Article 39-13 for nonconforming properties.
A.
A lot shall not be divided, altered, or reduced to make lot area and/or width less than the minimum required in the table below.
A lot in a zone district without an area or width minimum shall meet all other standards of this section and the standards in Article 39-2.
|
Lot Sizes and Width Minimums
| ||
|---|---|---|
|
Zone District
|
Minimum Property Area
(square feet)
|
Minimum Property Width
(feet)
|
|
CNR
|
4,500
|
45
|
|
TNR
|
5,000
|
40
|
|
LDR
|
7,000
|
50
|
|
MDR
|
5,000
|
40
|
B.
Corner lots for residential use shall meet the front yard building setback from both street frontages.
This shall be considered when determining lot size.
C.
The Community and Neighborhood Services Department
shall review the City's Master Plan, Street Plan,
Utility Plan or other plans or ordinances to ensure each requested lot division, alteration, or combination complies with applicable
requirements.
D.
Approval of a lot division, alteration, or combination
shall be withheld if any resulting lot is determined
to be unsuitable for the permitted use due to a topographical
or other physical reason.
E.
All lots created by a division, alteration, or combination
shall have direct and immediate deeded frontage on a street unless
approved as a flag lot by the Board of Appeals as a special exception. See Section 39-12.12D.5.
G.
Barrier strips to prevent or control access to streets shall be prohibited
except when approved by the approving authority. Alleys may be approved if a minimum of 20 feet wide or 26
feet wide if it provides the only fire apparatus access point to any lot.
H.
Subdivisions and site condominiums.
1.
Protection of important natural features. The arrangement of lots, units, and streets shall preserve to the greatest
extent practicable watercourses, wetlands, flood-prone
areas, and wildlife habitat.
2.
Arrangement of lots and units. The size and arrangement of lots and units shall reflect and perpetuate the existing development pattern of the surrounding neighborhood. Lots
and units shall be created in such a way as to enable their development pursuant to the requirements of UDO and ensure a clear transfer of title. Interior lot or unit lines
extending from a street shall be perpendicular or radial to the street right-of-way line to the greatest extent practicable.
3.
Major street frontages. For subdivisions and site
condominiums abutting or containing a major street, the approving
authority may require marginal access streets, reverse frontage
with screen planting in a nonaccessway along the rear property
line, deep lots, units with rear service alleys, or other treatments as may be necessary for adequate
protection to residential properties.
4.
Connectivity of streets and sidewalks. The established grid of interconnected streets and sidewalks shall be maintained and extended to the greatest extent practicable. All streets shall be in compliance with the applicable street design and construction standards in Article 39-10.
5.
Dedication of streets. Streets in subdivisions and
site condominiums shall be designed and built to the City's public
street standards and shall be dedicated to the City upon completion
of a subdivision or site condominiums unless the Planning Commission determines otherwise based on the criteria specified in Section 39-10.03.
6.
Dedication of easements. Subdivisions and site condominiums
shall provide dedications of easements to the appropriate
public agencies for the purposes of construction, operation, maintenance,
inspection, repair, alteration, replacement and/or removal of pipelines,
conduits, mains, and other installations of a similar character for
the purpose of providing public utility services,
including conveyance of sewage, potable water and stormwater runoff
across, through and under the property subject to said easement, and excavation and refilling of ditches and trenches necessary
for the location of such installations.
[7-21-2021 by Ord. No. 1796]
A.
Definition. In a land division, an applicant applies
to divide an existing unplatted parcel or tract of
multiple parcels in accordance with Sections 560.108
through 560.109b of the Land Division Act, MCLA 560.108 through 560.109b,
and related provisions of the Land Division Act. The Act requires
that any division of a parcel or tract, as defined
in the Act, that would result in any lot of less
than 40 acres be approved by the local unit of government before the
resulting parcels are marketed, sold or reflected
in a document recorded with the County Register of Deeds. The number
of allowable lot splits is dependent on the size
of the parent parcel or parent tract, as applicable,
as of March 31, 1997.
B.
Approval process.
1.
Application. An application for a land division can be obtained from
the Assessing Office and shall be filed with the Assessing Office.
The Assessor and the Zoning Administrator, and others
if applicable, shall review the application and the Assessor shall
approve or reject the requested land division.
2.
The following items shall be submitted with the application:
a.
Evidence of ownership interest in the property subject to the
proposed split or combination.
b.
A legal description and evidence establishing that the parent parcel was lawfully in existence on March 31, 1997.
c.
Evidence that the split shall not exceed the maximum number
of divisions allowed under the Land Division Act.
e.
Evidence that there are no outstanding property taxes or special
assessments on the land subject to the application.
[7-21-2021 by Ord. No. 1796]
A.
Definition. A subdivision plat is used when the
property is proposed to be divided pursuant to the subdivision provisions of the Michigan Land Division Act into platted lots.
C.
Application and review process: final determination required by City Council. See Section 39-12.10D.4.
[7-21-2021 by Ord. No. 1796]
A.
Definition. A "site condominium" is a condominium created pursuant
to the Condominium Act, MCLA 559.101 et seq. whose units are separate parcels of land (sites) on which structures for independent occupation are erected. Units
within a site condominium may be intended for residential, commercial,
or industrial uses.
C.
Application and review process. See Section 39-12.07D.2.
[7-21-2021 by Ord. No. 1796]
A.
Definition. A "traditional condominium" is a condominium created
pursuant to the Condominium Act, MCLA 559.101 et seq., whose units
are defined in the master deed, but are not separate parcels of land (sites). Units within a traditional condominium
may be intended for residential, commercial, or industrial uses.
B.
Traditional condominium review considerations. See Section 39-12.07D.2.
C.
Application and review process. See Section 39-12.07D.2.
