(a)
Any person who wishes to revise a subdivision plat which has been
previously filed for record must make an application of the proposed
revised plat to the city council. The replat of the subdivision shall
meet all the requirements for a subdivision that may be pertinent.
However, if the subdivision as replatted does not require any appreciable
alteration or improvement of utility installations, streets, alleys,
building setback lines, etc., no engineering plans or preliminary
plat will be required.
(b)
In the event the proposed replat involves property which has been
previously developed or zoned as single-family or duplex-residential
use, special requirements are triggered as follows:
(1)
After an application is filed for a replat affecting single-family
and duplex property, the city manager shall give notice of the application
to be published in the official newspaper of the city at least fifteen
(15) days before the date of the city council meeting at which it
is to be considered. Such notice must include a statement of the time
and place at which the city council will meet to consider the replat
and to hear protests to the revision at a public hearing. Additionally,
written notice must be sent to all owners of property located within
two hundred (200) feet of the property upon which the replat is requested.
Such notice may be served by depositing the notice, properly addressed
and postage paid, at the local post office.
(2)
If twenty (20) percent or more of the property owners to whom notice
has been required to be given file a written protest of the replatting
before or at the public hearing, the affirmative vote of at least
three-fourths (3/4) of the city council members is required to approve
the replat.
(Ordinance adopting Code)
The subdivision ordinance, Ordinance 2003-06-16-007, adopted
by the city on June 16, 2003, as amended, is included at the end of
this chapter as exhibit A. Due to the nature of the subdivision ordinance
and the technicalities involved in adopting or amending it, such ordinance
is printed herein as enacted, with only nonsubstantive formatting
and style changes. Capitalization, punctuation and numbering of articles,
sections and subsections have been retained as in the original ordinance.
Subsequent amendments will be inserted in their proper place and denoted
by a history note following the amended provisions. The absence of
a history note indicates the material is unchanged from the original
ordinance. Obviously misspelled words have been corrected without
notation. Any other material added for purposes of clarification is
enclosed in brackets.
(Ordinance adopting Code)
