Zoning Ordinance - Article 7

ARTICLE 7

LAND DIVISION

Section 7.01 Intent.

The intent of this article is to regulate the division and partitioning of land, so as to benefit the health, safety and welfare of residents and property owners.

Section 7.02 Division of Land.

1. It shall be unlawful for any person, firm, or corporation to divide, subdivide, or split any lot, outlot, parcel of land, or transfer a portion thereof, whether in a recorded plat or an unplatted parcel or tract of land, except in accordance with this article and the provisions of the Land Division Act, MCL 560.101 et seq, as amended.
2. Procedures:
   1. Prior approval pursuant to this article is obtained from the City Assessor.
   2. The resulting lots meet the provisions of the Schedule of Regulations.  A lot split, division or subdivision that results in a lot that does not comply with the Schedule of Regulations shall be permitted only if the noncomplying lot is immediately combined with an adjoining lot and together they meet the provisions of the Schedule of Regulations. The applicant shall submit a fully executed affidavit in a form sufficient for recording with the Oakland County Register of Deeds, signed by all persons who have any legal interest in the parcel, acknowledging that they understand that the partitioned or divided parcel(s) is part of the adjoined lot. The affidavit shall be recorded as a covenant running with the land and it shall be unlawful to develop the parcel(s) except in conjunction with the adjoining parcel(s).
   3. The fact that a proposed split, division or subdivision is approved by the City Assessor shall not constitute any assurance that a building permit will be issued.
   4. Public sewer and water shall be available to the lots resulting from the proposed split, division or subdivision.
   5. Any past or currently due taxes or special assessments upon the property shall be paid within sixty (60) days of the split, division or subdivision of the parcel.
   6. Every resulting lot shall front upon a public street in accordance with Section 4.03.
3. An applicant seeking to split, divide or subdivide any parcel of land regulated by this Article or by the Land Division Act shall submit an application to the City Assessor in a format approved by same. The application shall include the following:
   1. A document in a form sufficient for recording with the Oakland County Register of Deeds that contains a legal description of all of the lots, outlots, parcels or parts thereof that will result from the proposed split, division, subdivision or transfer.
   2. A plan or drawing drawn to scale by a registered engineer or surveyor showing the subject property including its dimensions. The plan or drawing shall indicate existing buildings and structures and their dimensions and setbacks from proposed and existing property lines, sewer and water access, above and below ground utilities and easements.
   3. The application shall be accompanied by a fee as approved by City Council.
4. Any applicant who is aggrieved by any denial or other action under this Article may appeal to the Ferndale City Council. All matters referred to Council under the provisions of this article shall require a public hearing. Notice of the public hearing shall be published in at least one newspaper of general circulation in the City. In addition, notice of the public hearing shall be sent by regular mail or hand delivered at least five (5) and no more than fifteen (15) days before the hearing to all property owners within three hundred (300) feet of any land involved in the application for division. City Council may, after review of the decision and after a public hearing, reverse, modify or affirm the City Assessor’s decision in whole or in part based on the standards provided in this Article and in Section 9.06.