Flag lots

Asked August 8, 2013, 8:48 AM EDT

A person wishes to do a lot split, creating two flag lots. In regards to the 4 to 1 rule (depth can't be more than 4 times the width) does one measure the distance from the road (the pole), or just the distance past the lot in front (the flag)?

Ottawa County Michigan

1 Response

In Michigan the detail of how one measures the width-to-depth of a parcel should be found in the local land division ordinance for the municipality the property is located within. If that detail, or instruction is not in that municipality's land division ordinance (or a land division ordinance does not exist in that municipality), then turn to the zoning ordinance.

Follow the same rules and procedure zoning specifies for measuring and defining width and depth of a parcel.

Also the resulting parcels from the division has to comply with the minimum parcel size and width according to the Michigan Land Division Statute. That means the minimum size and with for the zoning district the land is within. Some zoning ordinances express minimum parcel size in terms of area and a measure of width. Some define "area" as not including certain features (wetlands, beach, easements, etc.) If that is the case the flag lot configuration might not be allowed. Review of zoning is necessary to determine that.