Division 6 Readjustment of Land

Any change in any street layout or any other public improvement;

Any change in any lot line;

Any change in the amount of land reserved for public use or the common use of lot owners;

(4)

Any change in any easements shown on the approved plat.

(c)

Notice.

Notification of a resubdivision and a public hearing must be held if:

During the preceding five years, any portion of the area proposed to be resubdivided was limited by either an interim or permanent zoning classification to residential use for not more than two residential units per lot; or

Any lot in the plat to be resubdivided was limited by deed restrictions to residential use for not more than two residential units per lot.

If notification is required, the city council shall provide published notice in a newspaper of general circulation in the county, personal written notice to property owners in the original subdivision plat, as shown on the most recent county appraisal district certified roll, and personal written notice to any land owner within 400 feet of the property to be resubdivided. The notice shall include:

The name and legal description of the subdivision affected by the application;

The proposed changes in the final subdivision plat;

(C)

The place and time at which the application and any accompanying documents may be viewed by the public;

(D)

The place and time at which written comments on the proposed resubdivision may be submitted by the public;

(E)

The place and time of the public meeting at which the city council will consider whether to approve, conditionally approve, or disapprove the proposed resubdivision.

No sooner than fifteen (15) calendar days and no later than thirty (30) calendar days after the notice is sent, the city council shall consider the application for resubdivision at a public meeting and shall approve, conditionally approve, or disapprove the application.

(d)

Procedure for subdivisions when future resubdivision is indicated.

Whenever land is subdivided and the subdivision plat shows one or more lots containing more than one (1) acre of land and there is reason to believe that such lots eventually will be resubdivided, the city council may require that the subdivider allow for the future opening of streets and the ultimate extension of existing streets. The establishment of easements providing for the future opening and extension of streets may be made required for plat approval.

(Ordinance 146, sec. 6.01, adopted 3/7/2022)

§ 9.02.142 Plat vacation.

(a)

Owner-initiated plat vacation.

The owner or owners of lots in any approved subdivision, including the subdivider, may petition the city council to vacate the plat with respect to their properties.

Notice and hearing.

The city council shall provide published notice in a newspaper of general circulation in the county, personal written notice to property owners in the subdivision as shown on the most recent county appraisal district certified roll, and personal written notice to any land owner within 400 feet of the subdivision. The notice shall include the time and place for a public hearing on the vacation petition. The public hearing shall be held no sooner than fifteen (15) calendar days and no later than thirty (30) calendar days after the written notice is sent.

Criteria.

The city council shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare; but in no event may the city council approve a petition for vacation if it will materially injure the rights of any nonconsenting property owner, or any public rights in public improvements unless expressly agreed to by the city council.

Recordation of revised plat.

Upon approval of any petition for vacation, the city council shall direct the subdivider to prepare a revised final subdivision plat in accordance with these regulations. The revised final subdivision plat may be recorded only after having been signed by the city council.

(4)

Subdivider-initiated vacation.

When the subdivider of the subdivision or its successor, owns all of the lots in the subdivision or its successor owns all of the lots in the subdivision, the subdivider or successor may petition for vacation of the subdivision plat and the petition may be approved, conditionally approved, or disapproved at a regular public meeting of the city council subject to the criteria in subsection (1) above. Regardless of the city council's action on the petition, the subdivider or its successor will have no right to refund on any monies, fees or charges paid to the city nor the return of any property or consideration dedicated or delivered to the municipality except as may have been previously agreed to by the city council and the subdivider or successor.

(b)

City-initiated plat vacation.

General conditions.

The city council, on its motion, may vacate the plat of an approved subdivision when no lots within the approved subdivision have been sold within five years from the date that the plat was signed by the city council.

Procedure.

Upon any motion of the city council to vacate the plat of any previously approved subdivision, in whole or in part, the city council shall provide published notice in a newspaper of general circulation in the county, personal written notice to property owners in the subdivision as shown on the most recent county appraisal district certified roll, and personal written notice to any land owner within two hundred (200) feet of the subdivision. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision plat. The public hearing shall be held no sooner than fifteen (15) calendar days and no later than thirty (30) calendar days after the personal notice is sent.

§ 9.02.143 Lot consolidation and lot line adjustment.

Recordation of notice.

If the city council adopts a resolution vacating a plat in whole, it shall record a copy of the resolution with the county recorder. If the city council adopts a resolution vacating a plat in part, it shall record a copy of the resolution as described above and cause a revised final subdivision plat to be recorded which shows that portion of the original subdivision plat that has been vacated and that portion that has not been vacated.

(c)

Fees.

Fees for the filing of vacation plats are as established by city council.

(Ordinance 146, sec. 6.02, adopted 3/7/2022)

Lot consolidation may be accomplished without replatting, providing the following procedure is followed:

Regulations.

Lot line adjustments may be made without replatting when approved by the city council and conforming to the following:

No more than three (3) lots shall be affected by the proposed lot line adjustments.

No such adjustment shall alter any public right-of-way or public easement and no such adjustment shall create any lot smaller than the smallest lot within the recorded subdivision involved.

(C)

Lot line adjustments shall also be subject to the following:

(i)

Concurrence of all owners of property affected by the lot line adjustment.

(ii)

The proposed adjusted lot line shall be a single, straight line or be parallel to the existing lot line.

(iii)

The lot line adjustment will be at a maximum of ten (10) feet average from the existing lot line.

(iv)

The lot line adjustment shall not be inconsistent with any provision of recorded subdivision restrictions or covenants.

Procedure.

The following shall be submitted to the city council five (5) calendar days prior to the city council meeting at which action is sought:

Completed application for lot line adjustment form available at the city hall, accompanied by filing fee in the amount established by city council.

Copies of deeds and restrictive covenants to all lots involved.

(C)

Scale drawing on legal size paper showing all lots and structures involved, as platted, and as desired.