§ 155.24 REPLATS.
   (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 Planning Administrator not less than 20 days prior to any regular Commission hearing date. The replat of a subdivision or portion of a subdivision shall meet all the requirements for a subdivision plat 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, and the like, then no engineering plans will be required. No preliminary plats will be required for any replats. The procedure for approval of a replat shall be the same as for approval of any other final plat as provided in this chapter.
   (B)   (1)   If, during the preceding five years, any of the area to be replatted was limited by a zoning classification to residential use for not more than two residential units per lot or any lot was limited by deed restrictions to residential use for not more than two residential lots, notice of the hearing shall be given before the fifteenth day before the date of the hearing by a publication in the official newspaper of the city and by written notice forwarded by the Commission to the owners of lots in the original subdivision that are within 200 feet of the lots to be replatted, as indicated on the most recently approved city tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll 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 boundaries of the city.
      (2)   The following notice must be included in the written notice provided above, to wit: "If the proposed replat requires a variance and 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 the members present of the Commission and the City Council. For a legal protest, written instruments signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Commission prior to the close of the public hearing."
(`88 Code, Ch. 9, § 5.05) (Ord. 260, passed 1-10-89; Am. Ord. 344, passed 6-23-92; Am. Ord. 398, passed 6-14-94; Am. Ord. 99-028, passed 12-14-99; Am. Ord. 02-010, passed 3-26-02)