(A) A replat of a subdivision or part of a subdivision 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; and
(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 Commission; and
(3) Does not attempt to amend or remove any covenants or restrictions.
(1) During the preceding five 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 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 residential units per lot.
(C) Notice or the hearing before the Commission shall be given before fifteenth day before the date of the hearing by:
(1) Publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and
(2) By written notice, with a copy of §§ 153.030 through 153.037 attached, forwarded to the owners of property in the original subdivision (as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll) within 200 feet 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 town.
(3) If the proposed replat is protested in accordance with this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the Commission. 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.
(4) In computing the percentage of land area under this section, the area of streets and alleys shall be included.
(5) Compliance with divisions (C)(3) and (4) above 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 a use other than single or duplex family residential use by notation on the last legally recorded plat or in legally recorded restrictions applicable to the plat.
(Ord. 353, passed 7-10-2013)