(A) The petitioner shall be required to notify all owners of a plat by certified mail or personal notice.
(B) The Plan Commission shall hold a public hearing on the proposed vacation of the plat or part of the plat after ensuring due notice has been given to all interested parties and publication of the public hearing.
(C) Such notice shall be ten days prior to the public hearing.
(D) The Plan Commission may vacate all or part of the plat under the following findings:
(1) Conditions in the plat have changed to defeat the original purpose of the plat.
(2) It is in the public interest to vacate all or part of the plat.
(3) The value of the remaining portion of the land in the plat not owned by the petitioner will not be diminished by the vacation.
(E) The petitioner of such plat vacation, if approved, must have such order regarding the amendment of the plat based on the decision of the Plan Commission recorded with the recorder.
(F) The order may further provide for limitations on any covenants regarding such vacated portion of the plat to include the deletion of all such covenants on the vacated portion or what amended covenants would apply to such vacated portions.
(G) The remonstrators of such vacation proceedings must show one of the following:
(1) The vacation would hinder the growth or orderly development of the neighborhood in which it is located or to which it is contiguous.
(2) The vacation would make access to the lands of the agreed person by means of a public way difficult and inconvenient.
(3) The vacation would hinder the public’s access to a church, school or other public building or place.
(4) The vacation would hinder use of a public way by the neighborhood for which it is located or which it is contiguous.
(`88 Code, § 8-99) (Ord. 98-20, passed 11-10-98; Am. Ord. 2009-01, passed 1-20-09)