§ 2.7. Amended plat.

Amended plat procedure:

A.

An amended plat shall meet all of the informational and procedural requirements set forth for a final plat.

B.

The planning and zoning commission and city commission may approve and issue an amending plat, which may be recorded and is controlling over the preceding or final plat without vacation of that plat, if the amending plat is signed by the applicants only and the sole purpose of the amending plat shall be to:

1.

Correct an error in a course or distance shown on the preceding plat;

2.

Add a course or distance that was omitted on the preceding plat;

3.

Correct an error in a real property description shown on the preceding plat;

4.

Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;

5.

Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;

6.

Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;

7.

Correct an error in courses and distances of lot lines between two adjacent lots if:

a.

Both lot owners join in the application for amending the plat;

b.

Neither lot is abolished;

c.

The amendment does not attempt to remove recorded covenants or restrictions; and

d.

The amendment does not have a material adverse effect on the property rights of the owners in the plat;

8.

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; or

9.

Relocate one or more lot lines between one or more adjacent lots if:

a.

The owners of all those lots join in the application for amending the plat;

b.

The amendment does not attempt to remove recorded covenants or restrictions; and

c.

The amendment does not increase the number of lots; or

10.

To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

a.

The changes do not affect applicable zoning and other regulations of the city;

b.

The changes do not attempt to amend or remove any covenants or restrictions; and

c.

The area covered by the changes is located in an area that the city has approved, after a public hearing, as a residential improvement area.

C.

Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.

D.

The amended plat shall be entitled and clearly state that it is an "amended plat." It shall also state the specific lots affected or changed as a result of the amended plat and include the original subdivision plat boundary. All references to "final plat" or "replat" shall be removed.

E.

Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in section 2.3.

F.

The replat shall be filed at the county in the same manner as prescribed for a final plat.