(A) Replat required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat, shall first obtain approval for the replat under the same standards and by the same procedures prescribed for the platting of land by this chapter.
(B) Replatting without vacating preceding plat. A replat of a final plat 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;
(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 Council;
(3) Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat; and
(4) Does not result in any lot smaller than the lot(s) in the original plat.
(C) Additional requirements for certain replats.
(1) In addition to compliance with division (B) above, a replat without vacation of the preceding plat must conform to the requirements of this section if:
(a) During the preceding 5 years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than 2 residential units per lot; or
(b) Any lot in the preceding plat was limited by deed restrictions to residential use for not more than 2 residential units per lot.
(2) Compliance with this division (C) 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 other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(3) Notice of the hearing required under division (B) shall be given before the fifteenth day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county and by written notice, with a copy of division (C) attached, forwarded by the Commission to the owners, as indicated on the most recently approved ad valorem tax roll of the city, of property in the original subdivision 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 city.
(4) If the proposed replat requires a variance, and the owners of 20% or more of the area of lots to whom notice is required to be given under division (B) file with the Commission a written protest of the replatting before or at the hearing, approval of the replat will require the affirmative vote of 3/4 of the Commission members present. In computing percentages of ownership, each lot is considered equal to all other lots regardless of size or number of owners, and the owners of each lot are entitled to cast only 1 vote per lot. The area of streets and alleys shall be included in computing the percentage of land area.
(5) Any replat which adds or deletes lots must include the original lot boundaries.
(Ord. 487, passed 7-18-2000; Am. Ord. 737, passed 7-20-2016) Penalty, see § 155.999