§ 42-193 — Rules governing partial replats of certain property

Sec. 42-193. - Rules governing partial replats of certain property.

(a) The rules in this section govern partial replats of subdivision plats recorded in the real property records and shall apply to each subsequent replat as though it were the first replat of the original subdivision plat. These rules do not apply to a replat of all the property in the original subdivision plat by all of the current owners thereof. For purposes of this section, "original subdivision plat" means the first recorded subdivision plat in which a plat restriction was included, and a "partial replat" means a replat of part of a recorded subdivision plat. (b) Property within a subdivision plat that does not contain lots restricted to single-family residential or residential use may be replatted to amend any plat restriction contained on the preceding subdivision plat. (c) Property within a subdivision plat that contains lots restricted to single-family residential or residential use may be replatted to amend a plat restriction only as provided below: (1) A plat restriction limiting the use of property to residential or single-family residential use may be amended to permit the use of that property only for landscape, park, recreation, drainage, or open space uses. (2) A plat restriction limiting the use of property specifically to 'nonresidential': a. May not be amended to permit multi-family residential use of that property unless the applicant demonstrates that the property was actually improved and used for multi-family residential purposes prior to April 3, 1999; b. May be amended to permit single-family residential use of that property only if: [1] The typical lot size in the replat is not less than the typical lot size of lots in the preceding plat; or [2] The property abuts a major thoroughfare. c. May be amended to any more specific "nonresidential" use of that property. (3) A plat restriction limiting the use of property specifically to 'commercial' use: a. May not be amended to permit multi-family residential use of that property unless the applicant demonstrates that the property was actually improved and used for multifamily residential purposes prior to April 3, 1999; b. May be amended to permit single-family residential use of that property only if: [1] The typical lot size in the replat is not less than the typical lot size of lots in the preceding plat; or [2] The property abuts a major thoroughfare. c. May be amended to any more specific "commercial" use of that property. (4) A plat restriction limiting the use of property to drainage, water plant, wastewater treatment, lift station or similar public utility use may be amended only to permit: a. Landscape, park, recreation, drainage, open space or similar amenity uses of that property, or b. Single-family residential use of that property only if the typical lot size in the replat is not less than the typical lot size of lots in the preceding plat.

(Ord. No. 2013-343, § 3(Exh. A), 4-24-2013; Ord. No. 2022-391, § 16, 5-18-2022)