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The city council by ordinance may, with or without a petition, consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot, or alley contained in a subdivision at a public hearing.
A. If a petition is filed, the city council shall hold the public hearing within forty five (45) days after the day on which the petition is filed if:
1. Any owner within the plat notifies the municipality of their objection in writing within ten (10) days of mailed notification; or
2. A public hearing is required because all of the owners in the subdivision have not signed the revised plat.
B. The land use authority may consider at a public meeting an owner's petition to vacate or amend a subdivision plat if the petition seeks to:
1. Join two (2) or more of the petitioner fee owner's contiguous lots;
2. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition;
3. Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision;
4. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the city;
5. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not:
a. Owned by the petitioner; or
b. Designated as a common area; and
(1) Notice has been given to adjacent property owners in accordance with any applicable zoning ordinance notice requirements.
C. Before the city council may consider a proposed vacation, alteration, or amendment the city council shall refer the proposal to the planning commission for its recommendation. The planning commission shall give its recommendation within thirty (30) days following its receipt of the application for the proposed vacation, alteration, or amendment.
D. Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this chapter may, in writing, petition the legislative body to have the plat, any portion of it, or any street or lot contained in it, vacated, altered, or amended as provided in this section.
E. A petition that lacks the consent of all owners referred to in subsection D of this section may not be scheduled for consideration at a public hearing before the city council until the notice required by subsection 11-1-10B of this chapter, is given. The petitioner shall pay the cost of the notice.
F. If the city council proposes to vacate, alter, or amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider the issue at a public hearing after giving the notice required by section 11-1-11 of this chapter. (Ord. 2014-02, 4-8-2014)