The Administrator may require the Sub-divider to replat. The processes, procedures, and requirements for a plat are the same for a replat.

The sub-divider of a proposed subdivision may appeal decisions of the Planning Commission to the Governing Body. The applicable Governing Body shall make its decision and notify the Planning Commission and sub-divider. No further action will be taken on a plat during the appeal to the Governing Body.

Any appeal as to the approval of standards, or plans and engineering drawings in connection with required improvements shall be directed to the applicable Governing Body and that action shall be final.

Any waiver of the required improvements or guarantees of installation may be made only by the applicable governing Body on a showing that such improvements are not feasible or needed.

In cases in which there is unwarranted hardship in carrying out the literal provisions of these regulations as to design criteria on the plat, the Planning Commission may grant a variance from such provision based on the following criteria:

1.    A request for a variance shall be made to the Administrator who shall transmit it to the Planning Commission. The Planning Commission shall give the sub-divider and any other interested person an opportunity to be heard with respect to the requested variance.

2.    The Planning Commission shall not grant a variance unless it shall find that the strict application of these regulations will create an unwarranted hardship, and unless the variance is in harmony with the intended purpose of these regulations and that the public safety and welfare will be protected. The term “unwarranted hardship” shall mean the effective deprivation of use as distinguished from a mere inconvenience.

3.    Variances permitted under the provisions of this Section shall not include improvement standards, waiver of required improvements or guarantees of installation. Consideration of a request for a variance does not relieve the sub-divider from the necessity of proceeding under the applicable provisions of any other regulations including zoning.

1.    Vacation of Unrecorded Plat

1.1. Upon written request by the developer, a preliminary or final plat may be withdrawn from consideration either before or after approval by the Commission. Upon approval of such request by the Commission, the Secretary shall close the case.

1.2. Upon written request by the developer to the City Clerk, the Governing Body may vacate a final plat which has previously been approved; provided, that such plat has not been recorded, no lots have been sold or transferred and no improvements have been installed. After such plat is vacated, the City Clerk shall return all financial security instruments, other than those securing expenses incurred by the City for administrative, legal or engineering services prior to the date of the request for vacation, to the developer. Upon return of such securities, the Secretary shall close the case.

1.3. In the event a final plat has not been recorded within 180 days from and after final approval by the Governing Body, as required by Section 408, such plat shall be null and void and the Secretary shall so notify the developer and close the case unless, within 180 days of the notification date, the developer reapplies for approval of such plat.

2.    Vacation of Recorded Plat

2.1. A recorded plat of land located within the City or in the City’s extraterritorial subdivision jurisdiction area may be vacated as provided in this section.

2.2. All or part of a recorded plat, or any street, alley or other public reservation, easement, dedicated building setback line, and access control, shall be vacated upon filing of a duly executed and approved plat or replat which includes the same lands as those included in such earlier plat.

2.2.1.      Streets, alleys or other public reservations so vacated shall revert to abutting property owners as provided by law.

2.2.2.      Proper completion of the Owner’s Certification and Dedication as required by Section 504.17.1 shall constitute appropriate notice to all persons having property rights or interests affected by the above platting or replatting.

2.2.3.      A recorded plat may also be vacated without replatting using the procedure set forth in Section 904.2.3.

2.3. Vacation of Streets, Alleys, Easements, and Plats.

2.3.1.      Property located outside of the City and within the City’s subdivision jurisdiction.

2.3.1.1.   Upon notification that the owner(s) of any platted land or the adjoining owners on both sides of any street, alley, public easement or public reservation, or part thereof located outside of the City but in the City’s subdivision jurisdiction have duly petitioned the Board of County Commissioners for vacation thereof, the Planning Commission shall hold a public hearing to consider whether to recommend approval of such vacation to the Governing Body, with or without conditions.

2.3.1.2.   Petitioners, other than governmental entities, shall pay such fee as may be established therefor by resolution, together with all associated publication costs, and shall furnish to the City a list of all land owners and other parties entitled to notice of such hearing, including names, addresses and zip codes.

2.3.1.3.   Affected utility providers; owner(s) of land proposed for vacation; owner(s) of all land abutting a street, alley or easement proposed for vacation, including any segment remaining open; owner(s) of land on the opposite side of the street from setbacks and access controls proposed for vacation; and the County Engineer shall be notified by mail at least 10 days in advance of such hearing.

2.3.1.4.   At such public hearing, the Planning Commission shall announce the date when the Governing Body will consider the proposed vacation and, if known, the date and time at which the Board of County Commissioners will consider such request.

2.3.1.5.   Upon receipt of the Planning Commission’s recommendation with respect to the proposed vacation, the Governing Body shall adopt a resolution recommending approval of the proposed vacation to the Board of County Commissioners, with or without conditions, or opposing such vacation. Such resolution shall be published upon its adoption or, if conditions are required, upon satisfaction of such conditions. Upon publication, the Secretary shall furnish a certified copy of the published resolution to the petitioner(s).

2.3.2.     Property located within the City.

2.3.2.1.   The owner(s) of platted land or of land adjoining on both sides of a street, alley, easement or other public reservation, including but not limited to public easements, dedicated building setback lines, or access controls may petition the City for vacation thereof. Such petitions shall be filed with the Secretary.

2.3.2.2.   Petitioners, other than governmental entities, shall pay such fee as may be established therefor by resolution, together with all associated publication and recording costs, and shall furnish to the City a list of all landowners and other parties entitled to notice of such hearing, including names, addresses and zip codes.

2.3.2.3.   Affected utility providers; owner(s) of land burdened by a right or interest proposed for vacation; owner(s) of all land abutting a street, alley or easement proposed for vacation, including any segment remaining open; owner(s) of land on the opposite side of the street from setbacks and access controls proposed for vacation; and the City Engineer shall be notified by mail at least 10 days in advance of such hearing.

2.3.2.4.   At the conclusion of such hearing, the Planning Commission shall, by resolution:

2.3.2.4.1. Recommend approval of the proposed vacation, with or without conditions; or

2.3.2.4.2. Recommend denial of such vacation; and

2.3.2.4.3. Announce the date upon which the Governing Body will consider the proposed vacation.

2.3.2.5.   Such resolution shall be forthwith forwarded to the Governing Body for consideration.

2.3.2.6.   Upon receipt of the Planning Commission’s recommendation, the Governing Body shall:

2.3.2.6.1. Approve of the proposed vacation by ordinance, with or without conditions; or

2.3.2.6.2. Deny such vacation.

2.3.2.7.   If the vacation is approved, the City Clerk shall furnish a certified copy of the ordinance to the petitioner(s), file a certified copy with the County Clerk, and record the ordinance in the office of the Register of Deeds.

2.3.2.8.   Such ordinance shall be effective 30 days after publication unless one or more interested parties sooner files a written protest with the City Clerk. Upon timely filing of a protest, the Governing Body shall set a hearing date not less than 40 days after publication of the ordinance and notify the protester(s) thereof by mail at least 10 days in advance of such hearing. At the conclusion of such hearing, which may be continued from time to time, the Governing Body may:

2.3.2.8.1. Adopt a resolution confirming the vacation ordinance and file the same with the County Clerk and Register of Deeds; or

2.3.2.8.2. Take no further action.

2.3.2.9.   If not confirmed by resolution, the vacation ordinance shall be null and void and the County Clerk and Register of Deeds shall be so notified.

2.3.2.10. Whenever a street, avenue, alley or lane is vacated hereunder, the same shall revert to the adjacent owners as provided by law

1.    In the event a recorded plat is found to be in error with respect to distances, angles, bearings, subdivision or street names, block or lot numbers, computation of dimensions or elevations, or other details of the plat, not affecting the outer boundaries of the plat, and if the property affected by the error is owned by the developer, the Administrator may, upon payment of all engineering costs and recording fees by the person requesting the correction, file with the County Register of Deeds an affidavit describing the nature and extent of the error and the appropriate correction. Filing of the affidavit shall correct any such errors, but shall not affect the validity of such plat or any property interest created pursuant to such plat. The Secretary shall place a copy of such affidavit in the plat file.

2.    In the event new floodway/drainage information affecting minimum pad elevations shown on a recorded plat becomes available, the City or County Engineer, as appropriate, may after:

2.1. Receiving a request from the owner(s) of record any lots affected; or

2.2. Notifying such owner(s) by certified mail at their last known address; and

2.3. Verifying such information;

file an affidavit with the Register of Deeds, describing the nature and extent of all changes to the minimum pad elevations. No such change shall be effective as to a lot which has been developed prior to recording of such affidavit. The filing of the affidavit shall change the minimum pad elevations on the lots as noted in the affidavit, but shall not otherwise affect the validity of such plat or any property interest created pursuant to such plat.