§ 19.07.040. Amending plats.

A.

Purpose. The purpose of an amending plat shall be to provide an expeditious means of making minor revisions to a recorded plat consistent with provisions of state law.

B.

Applicability. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to achieve the following:

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, addresses and identification of adjacent recorded plats;

7.

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

8.

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

9.

Relocate one or more lot lines between one or more adjacent lots;

10.

Make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat; or

11.

Replat one or more lots fronting on an existing street.

C.

Effect. Upon approval by the city manager, or designee, an amending plat may be recorded and is controlling over the recorded plat without vacation of that plat.

D.

Application Contents. All applications shall be submitted on a form supplied by the planning division with the required information as stated on the application form. The amending plat document shall be prepared by a registered professional land surveyor.

E.

Decision. The city manager or designee shall either approve, approve with conditions, or deny the application for an amending plat within ten days.

F.

Criteria for Approval. The city manager or designee shall decide whether to approve, conditionally approve or deny the amending plat application based upon the following criteria:

1.

The amending plat makes only those changes to the recorded plat that are allowed under subsection B;

2.

If a correction in courses and distances of lot lines between two adjacent lots is proposed:

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 or modify recorded covenants or restrictions or easements, and

d.

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

3.

If relocation of one or more lot lines between one or more adjacent lots is proposed:

a.

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

b.

The amendment does not attempt to remove or modify recorded covenants or restrictions or easements, and

c.

The amendment does not increase the number of lots;

4.

If six or fewer lots are proposed to be added to a subdivision:

a.

The changes do not affect compliance with applicable zoning and other regulations of the city,

b.

The amendment does not attempt to remove or modify recorded covenants or restrictions or easements, and

c.

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

5.

If lots fronting on an existing street are to be replatted:

a.

The owners of all those lots join in the application,

b.

The amendment does not attempt to remove recorded covenants or restrictions,

c.

The amendment does not increase the number of lots, and

d.

The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

G.

Expiration. Approval of an amending plat shall expire if the plat is not submitted for recordation within the time period specified for recordation of a final plat.

(Ord. 16882 § 2 (part), 2008)

(Ord. No. 17236, § 2, 11-10-2009; Ord. No. 17251, § 6, 12-15-2009; Ord. No. 17396, § 8, 8-24-2010)