§ 42-37. Noncompliance.

Latest version.

In the event there is not compliance with section 42-36, a replat or resubdivision of a plat, or a portion thereof, without vacation of the previous plat, is hereby expressly authorized to be recorded and shall be deemed valid and controlling, after a public hearing by the municipal planning commission and approval of the municipal planning commission and the city council when:
(1)

It has been signed and acknowledged by only the owners of the particular property which is being resubdivided or replatted;

(2)

It has been approved by the municipal planning commission after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard and approved by the city council;

(3)

It does not attempt to alter, amend, or remove any covenants, easements or restriction; and

(4)

There is compliance, when applicable, with sections 42-38 and 42-39.

(Ord. No. 05-1162, § 15(B), 3-28-2005; Ord. No. 12-1193, § 2, 9-10-2012)

                    
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