(a)
In addition to compliance with the provisions of this chapter,
a replat without vacating the previous plat shall comply with the
provisions of this article if.
(1)
During the preceding five (5) years, any of the area to be replatted
was limited by an interim or permanent zoning classification to residential
use for not more than two (2) residential units per lot; or
(2)
Any lot in the preceding plat was limited by deed restrictions
to residential use for not more than two (2) residential units per
lot.
(b)
Notice of a public hearing shall be given before the fifteenth
(15th) day before the date of the hearing by:
(1)
Publication in an official newspaper or a newspaper of general
circulation in the county;
(2)
By written notice, with a copy of this article attached, forwarded
by the town to the owners of property in the original subdivision
as indicated on the most recently approved county or municipal tax
roll or in the case of a subdivision within the extraterritorial jurisdiction,
the most recently approved county tax roll, within two hundred feet
(200') of the property upon which the replat is requested. The
written notice may be delivered by depositing the notice, properly
addressed with postage prepaid, in a post office or postal depository
within the town.
(c)
If the proposed replat is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved,
the affirmative vote of at least three-fourths of all members of the
town council. For a legal protest, written instruments signed by the
owners of at least twenty percent (20%) of the area of the lots or
land immediately adjoining the area covered by the proposed replat
and extending two hundred feet (200') from that area, but within
the original subdivision, must be filed with the town council prior
to the close of the public hearing.
(d)
In computing the percentage of land area under subsection (c), the area of streets and alleys shall be included.
(e)
Compliance with this article is not required for approval of
a replat of part of a preceding plat if the area to be replatted was
designated or reserved for other than single- or duplex-family residential
use by notation on the last legally recorded plat or in the legally
recorded restrictions applicable to the plat.
(Ordinance 2023-09 adopted 7/10/2023)
