§ 42-39. Approval and issuance of amending plats.

Notwithstanding any other provision of this section, the municipal planning commission is authorized to approve and issue an amending plat which is signed by the applicants only, and which is for one or more of the purposes set forth in the following subsections (1) through (9) of this section, inclusive, and such approval and issuance shall not require notice, hearing, or approval of other lot owners. This section shall apply only if the sole purpose of the amending plat is:

(1)

To correct an error in any course or distance shown on the prior plat;

(2)

To add any course or distance that was omitted on the prior plat;

(3)

To correct an error in the description of the real property shown on the prior plat;

(4)

To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

(5)

To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat;

(6)

To correct any other type of scrivener or clerical error or omission as previously approved by the municipal planning commission; such errors and omissions may include; but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats;

(7)

To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished. Provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a materially adverse effect on the property rights of the other owners in the plat;

(8)

To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement;

(9)

To relocate on or more lot lines between one or more adjacent lots where the owners of all such lots join in the application for the plat amendment, provided that such amendment does not:

a.

Attempt to remove recorded covenants or restriction; or

b.

Increase the number of lots.

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