(A) Any fee owner of property, as shown on the last county assessment roll, in a subdivision that ]has been laid out and platted may file a written petition to the county requesting to vacate or amend the subdivision plat. The petition shall include:
(1) The name and address of all owners of record of the land contained in the entire subdivision plat, or that portion of the plat described in the petition;
(2) The name and address of all owners of record of land adjacent to, accessed by or within 300 feet of the public street, right-of-way or easement that is proposed to be vacated, altered or amended;
(3) The signature of each of the owners identified in divisions (A)(1) and (A)(2) above who consents to the petition; and
(4) The appropriate fee(s) as set forth in the county’s fee schedule.
(B) The county, on its own initiative, may consider the vacation or amendment of a subdivision plat. The procedure for such consideration shall be as set out in this subchapter.
(C) A previously approved and recorded planned unit development (PUD) or planned residential unit development (PRUD) may be amended if the following requirements and restrictions are met:
(1) No additional building lots may be created. Lot lines within the development may be adjusted;
(2) The amount of existing open space, both common and private, shall remain the same. In no case shall the amended plat reduce or eliminate the requirements for open space;
(3) The overall area of the PUD or PRUD may only be increased through an amendment to the development agreement and/or an affidavit of amending plat notes; and
(4) An amendment to the development agreement shall be required and/or an affidavit of amending plat notes.
(Prior Code, § 8-12-60) (Ord. 10-16, passed 12-14-2010; Ord. 17-14, passed 2-7-2017; Ord. 19-09, passed 10-15-2019) Penalty, see § 155.999