(A) For plat amendments that result in adjusting and/or altering lot lines through an exchange of title within a platted subdivision the Zoning Administrator shall be the land use authority:
(1) The Zoning Administrator shall approve an exchange of title under this division (A) if the exchange of title will not result in a violation of any land use ordinance;
(2) If an exchange of title is approved under this division (A), a notice of approval shall be recorded in the office of the County Recorder which:
(a) Is executed by each owner included in the exchange and by the land use authority;
(b) Contains an acknowledgment for each party executing the notice in accordance with the provisions of UCA § 57-2a, Recognition of Acknowledgments Act; and
(c) Recites the descriptions of both the original parcels and the parcels created by the exchange of title.
(3) A document of conveyance of title reflecting the approved change shall be recorded in the office of the County Recorder; and
(4) A notice of approval recorded under this division (A) does not act as a conveyance of title to real property and is not required to record a document conveying title to real property.
(B) For plat amendments that result in the combination of lots, building pad adjustments, subdivision title changes, plat note revisions, amendments to internal lot restrictions, the alteration, amendment or vacation of a public or private road shown on a subdivision plat and all other modifications to lots within a recorded subdivision plat shall be reviewed by the County Commission with a recommendation from the Planning Commission.
(C) Applications to vacate or amend a subdivision plat shall be required to submit those documents required for review in a complete preliminary plat application which pertain to and describe the proposed amendment, as well as a paper copy of the proposed final plat Mylar. Revised construction drawings shall also be submitted when changes to any required subdivision improvements are proposed.
(D) Upon receipt of a petition or a proposal to vacate or amend a subdivision plat which requires action by the County Commission, the matter shall be referred to the Planning Commission for a recommendation on the proposal.
(E) The land use authority shall hold a public hearing within 45 days after the day on which the petition is filed if:
(1) Any owner within the plat notifies the county of the owner’s objection in writing within ten days of mailed notification; or
(2) A public hearing is required because all the owners in the subdivision have not signed the revised plat.
(F) The land use authority may consider at a public meeting, without a public hearing, an owner’s petition to vacate or amend a subdivision plat if:
(1) The petition seeks to join two or more of the petitioning fee owner’s contiguous lots;
(2) Subdivide one or more of the petitioner’s 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 the petition, regardless of whether the lots and parcels are in the same subdivision;
(4) On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the county;
(5) Alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the petitioner or designated as common area; and
(Prior Code, § 8-12-61) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)