[CC 1988 §25-10; Ord. No. 2791 §1, 11-18-1985]
A. Any plat
or any part of any plat may be vacated by the owner of the premises,
at any time before the sale of any lot therein, by a written instrument,
to which a copy of such plat shall be attached, declaring the same
to be vacated.
B. Such
an instrument shall be approved by the Planning Commission in like
manner as plats of subdivisions. The City Council may reject any such
instrument which abridges or destroys any public rights in any of
its public uses, improvements, streets or alleys.
C. Such
an instrument shall be executed, acknowledged or approved, and recorded
or filed, in like manner as plats of subdivisions; and being duly
recorded or filed shall operate to destroy the force and effect of
the recording of the plat so vacated and to divest all public rights
in the streets, alleys, and public grounds and all dedications laid
out or described in such plat.
D. When
lots have been sold, the plat may be vacated in the manner herein
provided by all the owners of lots in such plat joining in the execution
of such writing.
[Ord. No. 3633 §1, 7-18-2005]
A. Purpose. The purpose of this Section is to allow adjustments
to be made to lot lines of platted lots or other lawful parcels for
the purpose of adjusting the sizes of building sites; however, it
is not intended that extensive replatting be accomplished by use of
this Section.
B. Boundary Line Adjustment Plat. All utilities, easements
and alleyways shall be shown on the boundary line adjustment plat.
C. Procedure For Submittal.
1. A boundary
line adjustment shall be accomplished by plat depicting the boundaries
of the original lots and of the adjusted lots.
2. A preliminary
boundary line adjustment plat shall be submitted to the City Manager
and Building Inspector for their review. If found to be in compliance
with the City Code, the owner(s) shall provide eight (8) copies of
the boundary line adjustment plat to the City Manager for approval.
3. A fee
of one hundred dollars ($100.00) payable to the City of De Soto shall
be submitted with the boundary line adjustment plats.
4. Upon
approval, the City Manager will forward the plats to the City Clerk's
office.
5. The
City Clerk will return the boundary line adjustment plats to the owner(s)
for recording. Upon recording, the owner is responsible to return
three (3) copies of the recorded plat to the City Clerk's office.
[CC 1988 §25-11; Ord. No. 2791 §1, 11-18-1985]
A. General. Where the Planning Commission and City Council
find that extraordinary hardships or practical difficulties may result
from strict compliance with these regulations and/or the purposes
of these regulations may be served to a greater extent by an alternative
proposal, they may approve variances to these subdivision regulations
so that substantial justice may be done and the public interest secured,
provided that such variance shall not have the effect of nullifying
the intent and purpose of these regulations and, further provided,
that the Commission and City Council shall not approve variances unless
they shall make findings based upon the evidence presented to them
in each specific case that:
1. The
granting of the variance will not be detrimental to the public safety,
health or welfare or injurious to other property as located;
2. The
conditions upon which the request for a variance is based are unique
to the property for which the variance is sought and are not applicable
generally to any other property;
3. Because
of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if the strict
letter of these regulations are carried out;
4. The
variances will not in any manner vary the provisions of the zoning
ordinance, Master Plan or Official Map.
B. Conditions. In approving variances, the Commission and City
Council may require such conditions as well, in its judgment, to secure
substantially the objectives of the standards or requirements of these
regulations.
C. Procedures. A petition for any such variance shall be submitted
in writing by the subdivider at the time when the preliminary plat
is filed for the consideration of the Commission. The petition shall
state fully the grounds for the application and all of the facts relied
upon by the petitioner. The Commission and Council may waive, without
further action with regard to approval, any portion of this Chapter
and approve plats or replats dividing a lot, tract or parcel of land
which does not include any dedication for new streets, improvements,
easements or rights-of-way under one (1) or more of the following
conditions:
1. Where
the subdivision involves the creation of not more than two (2) lots.
2. Where
the subdivision involves minor changes in the original lot boundaries
and does not create additional building lots.
3. Where
the subdivision involves the replatting of one (1) or more lots of
record into not more than two (2) lots.
[CC 1988 §25-12; Ord. No. 2791 §1, 11-18-1985]
If any part or provisions of these regulations or thereof is
adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined to the part, provision or application directly involved
in which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of these regulations or the
application thereof to other persons or circumstances.
[CC 1988 §25-13; Ord. No. 2791 §1, 11-18-1985]
All rights or remedies of the City are expressly saved as to
any and all violations of any previous subdivision regulations or
amendment thereto of the City that have accrued at the time of the
effective date of this Chapter.