§ 156.048  REPLATTING OF LAND.
   (A)   Replat required.  Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedures prescribed for the platting of land by these regulations. The Community Development Director may waive or modify requirements for a sketch plat under circumstances where the previously approved sketch plat is sufficient to achieve the purposes set forth in these regulations.
   (B)   Replatting without vacating preceding plat. A replat of a final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:
      (1)   Is signed and acknowledged by only the owners of the property being replatted;
      (2)   Is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the Planning Commission: and
      (3)   Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat.
   (C)   Additional requirements for certain replays.
      (1)   A notice of the public hearing shall be published in an official paper or a newspaper of general circulation in the city at least 15 days prior to the date of the public hearing. Notice shall be mailed to all owners of property located within 300 feet of the subject property as provided by a certified abstractor's list at the applicant's cost at least 20 days prior to the hearing;
      (2)   If the proposed replat requires a variance, and the owners of 20% or more of the area of lots to whom notice is required to be given under division (B) file with the Planning Commission a written protest of the replatting before or at the hearing, approval of the replat will require the affirmative vote of four of the Planning Commission members. In computing percentages of ownership, each lot is considered equal to all other lots regardless of size or number of owners, and the owners of each lot are entitled to cast only one vote per lot. The area of streets and alleys shall be included in computing the percentage of land area.
      (3)   Any replat which adds or deletes lots must include the original lot boundaries.
(Ord. 1573, passed 11-13-07)