§ 20-3. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessible, in reference to a parcel, means that the parcel meets one or both of the following requirements:
(1)
Has an area where a driveway provides vehicular access to an existing road or street and meets all applicable location standards of the state transportation department or county road commission under Public Act No. 200 of 1969 (MCL 247.321 et seq.), and of the city, or has an area where a driveway can provide vehicular access to an existing road or street and meet all such applicable location standards.
(2)
Is served by an existing easement that provides vehicular access to an existing road or street and that meets all applicable location standards of the state transportation department or county road commission under Public Act No. 200 of 1969 (MCL 247.321 et seq.), and of the city, or can be served by a proposed easement that will provide vehicular access to an existing road or street and that will meet all such applicable location standards.
Act means Public Act No. 288 of 1967 (MCL 560.101 et seq.), and as further regulated by Public Act 285 of 1931 (MCL 125.31 et seq.) and Public Act No. 222 of 1943 (MCL 125.51 et seq.).
Adjacent parcels means parcels which have a common boundary of at least 20 feet.
Alley means a public or private right-of-way shown on a plat which provides secondary access to a lot, block, or parcel of land.
Applicant means the proprietor/owner.
As-built plans means construction plans which have been drawn to reflect the location and manner of actual construction. Said construction shall be based on plans which have been subject to city review and approval.
Block. See definition in section 46-4.
Board means the city planning commission.
Caption means the name by which the plat is legally and commonly known.
Condominium. See definition in section 46-4.
Contiguous means parcels or tracts of land that touch each other at a minimum of one point and are not separated by a street, railroad, river, lake or other such feature; provided, however, parcels or tracts separated by a public alley or a private easement shall be considered contiguous parcels or tracts.
County plat board means the duly authorized board of county officials authorized by state and local law to act on matters associated with the platting of land.
Development site means any parcel or lot on which exists or which is intended for building development other than the following:
(1)
Agricultural use involving the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries, herbs, flowers, seeds, grasses, nursery stock, fruits, vegetables, Christmas trees and other similar uses and activities.
(2)
Forestry use involving the planting, management, or harvesting of timber.
Division means the partitioning or splitting of a parcel, or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale or lease of more than one year, or of a building development that results in one or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of MCL 560.108 and 560.109. The term "division" does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of MCL 560.101 et seq., or the requirements of this chapter.
Division of rights transfer means the right to make divisions exempt from the platting requirements of the land division act that can be transferred, but only from a parent parcel or parent tract to a parcel created from the parent parcel or parent tract. A proprietor transferring the right to make a division pursuant to this chapter shall within 45 days give written notice of the transfer to the city zoning administrator.
Easement means a grant by the property owner to the public, a corporation or specific persons, use of a strip of land for specific purposes.
Engineer means a civil engineer who is a professional engineer licensed under art. 20 of the occupational code, Public Act No. 299 of 1980 (MCL 339.2001 et seq.).
Exempt split means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns that does not result in one or more parcels of less than 40 acres, or the equivalent. For a property transfer between two or more adjacent parcels if the property taken from one parcel is added to an adjacent parcel, any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of MCL 560.108 and 560.109, or the requirements of this chapter.
Floodplain means that area of land adjoining the channel of a river, stream, watercourse, lake, or other similar body of water which will be inundated by a flood which can reasonably be expected for that region.
Forty acres or the equivalent means 40 acres, a quarter of a quarter-section containing not less than 30 acres, or a government lot containing not less than 30 acres.
Government survey means the land surveyed, subdivided and monumented by the United States Public Land Survey.
Improvements means grading, street surfacing, curbs, gutters, sidewalks, sanitary sewers, storm drainage systems, culverts, bridges, utilities and other additions to or construction on the natural state of land which increases its value, utility or habitability. The term "improvements" does not include maintenance such as street resurfacing.
Land means areas of the earth's surface.
Lot means a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat.
Master plan means the City of Cadillac Master Plan, also known as the long range comprehensive plan.
Michigan Coordinate System means the system defined in Public Act No. 9 of 1964 (MCL 54.231 et seq.).
Natural features and amenities means, but is not limited to, lakes, ponds, watercourses, floodplains, wetlands, woodlands and topography of the land.
Outlot , when included within the boundary of a recorded plat, means a lot set aside for purposes other than a development site, such as a park, commons or other public or private use. An outlot is often set aside for future roadway and/or utility expansion purposes.
Parcel means a continuous area or acreage of land which can be described as provided for in this chapter.
Parent parcel or parent tract means an undivided parcel or tract, lawfully in existence on March 31, 1997, which may be divided or otherwise split in order to create multiple parcels or tracts subject to the provisions of this chapter and chapter 46, pertaining to zoning.
Plat means a map or chart of a subdivision of land.
Preliminary plat means a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.
Proprietor means a natural person, firm, association, partnership, corporation or combination thereof that holds an ownership interest in land whether recorded or not.
Public sewer means a sewerage system as defined in section 4101 of part 41 (sewerage systems) of the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.4101).
Public utility means all persons, firms, corporations, copartnerships or municipal or other public authority providing gas, electricity, water, steam, telephone, sewer or other services of a similar nature.
Public water means a system of pipes and structures through which water is obtained and distributed to the public, including wells and structures, intakes, cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water to the public for household drinking purposes.
Replat means the process of changing the map or plat which changes the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a lot or outlot within a recorded subdivision plat without changing the exterior boundaries of the plat is not a replat.
Sidewalk means a pathway for nonmotorized pedestrian access and movement constructed within a public right-of-way, public easement or comparable location and which is designated and built to the city sidewalk construction standards.
Site condominium. See definition for condominium in section 46-4.
Soil erosion and sedimentation control act means part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.).
Storm sewer means a system of conduits and structures through which surface water runoff is collected and routed to temporary retention or permanent water body.
Street means any street, avenue, boulevard, road, lane, parkway, viaduct, highway or other way which is an existing state, county or municipal roadway; or a street or way shown in a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the county register of deeds. The term "street" includes a right-of-way dedicated to public use.
Subdivide or subdivision means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his heirs, executors, administrators, legal representatives, successors or assigns for the purpose of sale, or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of MCL 560.108 and 560.109. Subdivide or subdivision does not include a property transfer between two or more adjacent parcels, if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of MCL 560.101 et seq., or the requirements of this chapter.
Surveyor means a professional surveyor licensed under article 20 of the occupational code, Public Act No. 299 of 1980 (MCL 339.2001 et seq.).
Topographical map means a map showing existing physical characteristics with contour lines at sufficient intervals to permit determination of proposed grades and drainage.
Tract means two or more parcels that share a common property line and are under the same ownership.
Underlying zone district means the city zoning ordinance zoning classification of land which is proposed for division or other reconfiguration. All land divisions and reconfigurations shall comply with underlying zone district requirements.
Use approval means the land use that may be placed on or occupy a property after meeting the requirements of chapter 46, pertaining to zoning.
(Prior Code, §§ 5.503, 5.504; Ord. No. 98-09, 7-20-1998; Ord. No. 2000-01, 2-21-2000)