§ 280.006. Standards for approval of divisions or property transfers

Sec. 6. An application to divide a lot, parcel, or tract of land, or to effect a property transfer shall be granted when all of the following standards are met:

(a) The proposed division or property transfer shall comply with all requirements of the Land Division Act of 1967, being Act 288 of the Public Acts of 1967, as amended.

(b) The lots, parcels, or tracts of land that will result from the division or property transfer shall comply with all requirements of the City of McBain Zoning Ordinance, as amended, including but not limited to the requirements relating to area and width for the newly created lots, parcels, or tracts of land, the requirements relating to lake and/or road frontages, and the requirements relating to setbacks if the newly created lots, parcels, or tracts of land have buildings or structures on them. The addition of land to an already lawful nonconforming lot or parcel is permitted without a zoning variance, provided that the lot or parcel from which the land is taken will not become a nonconforming lot or parcel or, if already nonconforming, will not become more nonconforming.

(c) Each lot, parcel, or tract of land that will result from the division or property transfer shall have an adequate and accurate legal description certified by a land surveyor licensed by the State of Michigan, shall be serviced by a public utility easement, and shall be accessible.

(d) Each new lot, parcel, or tract of land that will result from the division, including those lots, parcels, and tracts of land greater than ten acres, shall have a depth of not more than four times its width as measured under the requirements of the City of McBain Zoning Ordinance. This standard shall not apply to a property transfer.

(e) If a lot, parcel, or tract of land that will result from the division or property transfer will be a development site, then each such resulting lot, parcel, or tract of land shall have adequate easements for public utilities from each such resulting lot, parcel, or tract of land to existing public utility facilities.

(f) If the land proposed to be transferred between two or more adjacent lots or parcels does not independently conform to the requirements of the Land Division Act, being Act 288 of the Public Acts of 1967, as amended, the City of McBain Zoning Ordinance, as amended, and this ordinance [part], then the land proposed to be transferred shall not thereafter be independently considered a development site, but may only be used in conjunction with an adjoining lot(s), parcel(s), or tract(s) of land.

(g) Each lot, parcel, or tract of land that will result from the division or property transfer shall be accessible.

(h) The owner of the parcel or tract of land shall possess the right to divide the parcel or tract of land. This standard shall not apply to a property transfer.

(i) The property lines of the lots, parcels, or tracts of land that will result from the division or property transfer shall be consistent and in harmony with the property lines of the lot, parcel, or tract of land to be divided, or the lots or parcels involved in a property transfer, and/or the property lines of adjacent lots, parcels, or tracts of land.