Article 39-11: Subdivision of Land

[7-21-2021 by Ord. No. 1796]

The intent of this article is to:

Provide general standards pertaining to the division, subdivision and condominiumizing of land:

Define these processes of parceling land;

Specify and reference standards; and

Review processes for each to ensure orderly development throughout the City of Holland and to protect public health, safety, and general welfare.

Sec. 39-11.02 Subdivision of land processes and state acts table.

[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	Section 39-11.03, 39-11.04
Subdivision plat	Michigan Land Division Act	Section 39-11.03, 39-11.05, 39-12.10D.4
Site condominium	Michigan Condominium Act	Section 39-11.03, 39-11.06, 39-12.06.D
Traditional condominium	Michigan Condominium Act	Section 39-11.03, 39-11.07, 39-12.06.D

Sec. 39-11.03 General subdivision of land standards.

[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 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

Corner lots for residential use shall meet the front yard building setback from both street frontages. This shall be considered when determining lot size.

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.

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.

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.

Street, driveway, and sidewalk standards shall be met as specified in Article 39-10.

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.

Subdivisions and site condominiums.

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.

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.

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.

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.

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.

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.

Sec. 39-11.04 Land division process.

[7-21-2021 by Ord. No. 1796]

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.

Approval process.

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.

The following items shall be submitted with the application:

Evidence of ownership interest in the property subject to the proposed split or combination.

A legal description and evidence establishing that the parent parcel was lawfully in existence on March 31, 1997.

Evidence that the split shall not exceed the maximum number of divisions allowed under the Land Division Act.

A survey indicating that the lot(s) meets the area and width minimums required in Article 39-2 and Section 39-11.03A if applicable, and indicating that the lots shall be accessible by a street, easement or other approved means of access.

Evidence that there are no outstanding property taxes or special assessments on the land subject to the application.

Sec. 39-11.05 Subdivision plats.

[7-21-2021 by Ord. No. 1796]

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.

Subdivision review considerations. See Section 39-11.03.

Application and review process: final determination required by City Council. See Section 39-12.10D.4.

Sec. 39-11.06 Site condominiums.

[7-21-2021 by Ord. No. 1796]

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.

Site condominium review considerations. See Section 39-11.03.

Application and review process. See Section 39-12.07D.2.

Sec. 39-11.07 Traditional condominiums.

[7-21-2021 by Ord. No. 1796]

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.

Traditional condominium review considerations. See Section 39-12.07D.2.

Application and review process. See Section 39-12.07D.2.