§ 42-38. Requirements for approval.

The following additional requirements for approval shall apply in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat, if any of the proposed area to be resubdivided or replatted was within the immediately preceding five years limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot.

(1)

Notice of such municipal planning commission hearing shall be given in advance in the following manner:

a.

Publication at least 15 days in advance of hearing being published in a paper of general circulation in the county in which the municipality is located: and

b.

Written notice with a copy of this section attached to the notice of such hearing forwarded by the municipal planning commission to owners as the ownerships appear on the current tax roll of the city or if the replat is in the city's extraterritorial jurisdiction, then the most recently approved county tax roll of all lots in the immediately preceding subdivision plat within 200 feet of the proposed replat not less than 15 days prior to the date of such hearing; such notice is considered served when it is deposited, properly addressed and postage paid, in a post office or postal depository within the boundaries of the city.

(2)

If the proposed replat requires a variance and is protested in accordance with this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission and a three-fourths vote of the members present of the city council. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land, including streets and alleys, immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision must be filed with the secretary of the planning commission prior to the close of the public hearing.

(3)

Provided, however, compliance with subsections (1) or (2) of this section shall not be required for approval of a replatting or resubdividing of a portion of a prior plat if all the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single-family or duplex family residential usage by notation on the last legally recorded plat or in the legally recorded restriction applicable to such plat.

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