property line alteration ordinance

Asked June 25, 2015, 10:38 AM EDT

City has a request from lot owners in a pre-1995 plat to adjust the boundry of a common lot line 13 feet. Does the city an ordinace to provide for the adjustment and what are the standards for the remaining lot widths. Are you aware of a model or enacted ordinace on this topic.

Eaton County Michigan community planning and zoning land division subdivision plat

1 Response

The question is about moving a parcel boundary within a subdivision. (Thus it does not come under the Michigan Land Division Act procedures for a boundary line adjustment for divisions of land outside of subdivisions.)

The Land Division Act has a separate section for any type of splitting lots in a subdivision (MCL 560.263). It reads:

"No lot, outlot or other parcel of land in a recorded plat shall be further partitioned or divided unless in conformity with the ordinances of the municipality. The municipality may permit the partitioning or dividing of lots, outlots or other parcels of land into not more than 4 parts; however, any lot, outlot or other parcel of land not served by public sewer and public water systems shall not be further partitioned or divided if the resulting lots, outlots or other parcels are less than the minimum width and area provided for in this act."

The new parcels created by partitions would need to comply with the standards in the city's relevant ordinances (e.g., city's land division/subdivision/site-condo ordinance, city's zoning ordinance). The city should have an ordinance which addresses further partitioning of a lot in a subdivision into more than one parcel which spells out the review procedure, and what the standards for review are for.

MSU Extension has a publication Planning and Zoning*A*Syst. #10: Subdivision and Land Splitting Reviews, which will help with assessing or conducting a performance audit of this aspect of a community's planning and zoning program. See in particular pages 21 and 44-46. Similar publications for performance audits of other aspects of a communities planning and zoning program can be found at web page http://lu.msue.msu.edu/pamphlets.htm#audit.

See also Land Use Series; “Check List #1L: For Adoption of a Subdivision Ordinance Governing the Subdivision of Land in Michigan” (found at web page http://lu.msue.msu.edu/pamphlets.htm#CL1L.