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Coopersville City Zoning Code

CHAPTER 1292

Land Division

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1292.01 - LOT SPLITS, AREA, HEIGHT AND USE CONDITIONS AND EXEMPTIONS.

(a)

Lot Splits. This chapter shall apply to all land divisions as governed by the provisions of the Land Division Act, Act 288 of the Michigan Public Acts of 1967, as amended. Division does not include a property (land) transfer between two or more adjacent parcels, if the property (land) taken from one parcel is added to an adjacent parcel, but such transfer shall also be regulated by this Chapter and comply with the City of Coopersville Zoning Ordinance and any other applicable ordinance or regulation. Approval of any land division or land transfer does not constitute use approval of any such division or transfer. Such use of land shall comply with the City of Coopersville Zoning Ordinance or any other applicable ordinance or regulation.

It is not intended by this chapter to repeal, abrogate, annul, or in any other way impair or interfere with existing provisions of other laws or ordinances, or of any private restrictions placed upon property by covenant, deed, or other private agreement; provided, however, that where any provision of this chapter imposes more stringent requirements, regulations, restrictions, or limitations upon the use of land and buildings, or upon safety and sanitary measures, or requires larger yards or open spaces than are imposed or required by the provisions of any other law or ordinance, or any said rules, regulations, permits, or easements, then the provisions of this chapter shall govern.

The purpose of this chapter is to regulate the division or transfer of land within the City of Coopersville to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that land be suitable for building sites and public improvements; that provisions are made for adequate drainage, ingress and egress; and to ensure that land divisions and land transfers are correctly and accurately approved, recorded, and filed.

(Ord. 300. Passed 6-23-97; Ord. 534. Passed 3-11-24.)

1292.02 - LAND DIVISION AND LAND TRANSFER APPROVALS.

(a)

Applications. The approvals and requirements of this chapter shall be satisfied prior to the issuance of a land division or land transfer approval within the City of Coopersville. The approvals and requirements of this chapter shall be satisfied prior to the recording of any land division or land transfer with the County.

(b)

Procedure. An application for land division or an application for land transfer shall be submitted through the Planning Director. Each application shall be accompanied by the following, unless deemed unnecessary by Planning Director:

(1)

The payment of a fee as established by the City Council;

(2)

A completed application form, as provided by the City;

(3)

A complete and accurate legal description of the existing lot and each proposed lot or parcel created by the land division or land transfer;

(4)

A detailed written description of the development planned for such land divisions or land transfers, including a description of any proposed association or other entity which shall be responsible for operation and maintenance of any private streets, open spaces or other similar uses or activities;

(5)

A graphic or written description of any previous land divisions or land transfers from the parent parcel(s) including the size, number, and date of such divisions or transfers;

(6)

In areas where city water and sanitary sewer are not available, evidence of approvals from the County Health Department for on-site water supply and sewage disposal;

(7)

Three copies of a complete tentative parcel map drawn to scale, which shall be not less than 1" = 20' for property totaling under three acres and at least 1" = 100' for those totaling three acres or more. The parcel map shall be prepared by a registered engineer or land surveyor or other such person determined by the City to be qualified to complete such parcel maps;

(8)

The tentative parcel map shall include, at a minimum:

a.

Date, north arrow, scale, and name of the individual or firm.

b.

Proposed lot lines and their dimensions.

c.

Location and nature of proposed ingress and egress locations to any existing public or private streets.

d.

The location of any public or private street, driveway, or utility easements to be located within the proposed lot or parcel. Copies of the instruments describing and granting such easements shall be submitted with the application.

e.

General topographical features including contour intervals no greater than five feet.

f.

Any existing buildings, public or private streets, and driveways within 100 feet of all proposed property lines.

g.

The zoning designation of all proposed lots or parcels.

h.

Small scale sketch of properties and streets within one-quarter mile of the area.

i.

Proposed method of providing storm drainage.

Applications for land divisions or land transfers shall not be accepted unless all of the required materials are submitted and are complete.

(c)

Submittal. The application, along with the required materials shall be forwarded to the Planning Director.

(d)

Review and Approval. Land divisions and land transfers shall be reviewed and approved by the Planning Director. The Planning Director shall review the application and such other available information including recommendations or reports from the planner, attorney, engineer, or other party, and shall approve, approve with conditions, or deny the request, and incorporate the basis for the decision and any conditions which should be imposed. The approval, approval with conditions, or denial of a land division or land transfer shall be accomplished within forty-five days after the filing of a completed, accepted application by the Clerk. Approval of a land division or land transfer does not grant approval for the use of such divided lot or parcel or transferred land. Any lot or parcel proposed for division or transfer must comply with the requirements of the City of Coopersville Zoning Ordinance or any other applicable ordinances or regulations. Land division or land transfer approvals shall be valid for a period of ninety days from the date of approval by the Planning Director. If such lots or parcels proposed by the land division or land transfer are not properly recorded and accepted by the County Register of Deeds within this period, the land division or land transfer approval shall be considered null and void and a new application shall be submitted in compliance with the requirements of this ordinance.

(Ord. 300. Passed 6-23-97; Ord. 534. Passed 3-11-24.)

1292.03 - LAND DIVISION AND LAND TRANSFER REQUIREMENTS.

(a)

Maximum Width to Depth Ratio. No lot or parcel shall be created the depth of which exceeds four times its width. The width to depth ratio requirements of this section shall not apply to lots or parcels that have more than one-half of their street frontage on a cul-de-sac. The minimum lot width for a lot on a cul-de-sac or other irregularly shaped lot shall be measured at the front yard setback line and shall not be diminished throughout the remainder of the lot. Such lots shall have a minimum lot width of forty feet at the front property line.

For corner lots, the depth of the lot shall be measured along the longest front line which is parallel or generally parallel to the public or private street right-of-way or easement. The width of the corner lot shall be that front lot line which is parallel or generally parallel to the public or private street right-of-way or easement and is the shorter of the two front lot lines. Where such lot lines are equal length, the Planning Director shall determine the measurement of lot width to depth for purposes of this section.

The Planning Commission may permit the division of a lot or parcel or transfer of land which does not comply with this provision provided that the following findings are made:

(1)

That the greater width to depth ratio is necessitated by conditions of the land which make compliance with this section impractical. Such conditions may include topography, road access, soil conditions, wetlands, floodplains, or water bodies, or other similar condition.

(2)

That the land division or land transfer and use of such lot or parcel will not conflict with other federal, state, county, or City ordinances or regulations, unless an appropriate variance or approval is granted as required or permitted by such ordinances or regulations.

(b)

Access. Any land division or resulting parcels of a land transfer shall front upon a public street or private road right-of-way or easement meeting the requirements of the City of Coopersville Zoning Ordinance for the minimum lot width required by the zone district in which the lot or parcel is located. Any proposed points of ingress or egress to a lot or parcel created by the land division or land transfer must meet the location and design standards of the County Road Commission, City of Coopersville, State of Michigan, or other authority having jurisdiction over the roadway to which access is planned. A lot or parcel created by a land division or land transfer shall comply with all requirements of this chapter and other applicable ordinances and regulations. The Planning Director may stipulate such additional conditions and safeguards deemed necessary to ensure compliance with the requirements of this chapter.

(Ord. 300. Passed 6-23-97; Ord. 534. Passed 3-11-24.)