[CC 1988 §25-10; Ord. No. 2791 §1, 11-18-1985]
A. 
Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated.
B. 
Such an instrument shall be approved by the Planning Commission in like manner as plats of subdivisions. The City Council may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys.
C. 
Such an instrument shall be executed, acknowledged or approved, and recorded or filed, in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the streets, alleys, and public grounds and all dedications laid out or described in such plat.
D. 
When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing.
[Ord. No. 3633 §1, 7-18-2005]
A. 
Purpose. The purpose of this Section is to allow adjustments to be made to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of building sites; however, it is not intended that extensive replatting be accomplished by use of this Section.
B. 
Boundary Line Adjustment Plat. All utilities, easements and alleyways shall be shown on the boundary line adjustment plat.
C. 
Procedure For Submittal.
1. 
A boundary line adjustment shall be accomplished by plat depicting the boundaries of the original lots and of the adjusted lots.
2. 
A preliminary boundary line adjustment plat shall be submitted to the City Manager and Building Inspector for their review. If found to be in compliance with the City Code, the owner(s) shall provide eight (8) copies of the boundary line adjustment plat to the City Manager for approval.
3. 
A fee of one hundred dollars ($100.00) payable to the City of De Soto shall be submitted with the boundary line adjustment plats.
4. 
Upon approval, the City Manager will forward the plats to the City Clerk's office.
5. 
The City Clerk will return the boundary line adjustment plats to the owner(s) for recording. Upon recording, the owner is responsible to return three (3) copies of the recorded plat to the City Clerk's office.
[CC 1988 §25-11; Ord. No. 2791 §1, 11-18-1985]
A. 
General. Where the Planning Commission and City Council find that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, they may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations and, further provided, that the Commission and City Council shall not approve variances unless they shall make findings based upon the evidence presented to them in each specific case that:
1. 
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property as located;
2. 
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to any other property;
3. 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
4. 
The variances will not in any manner vary the provisions of the zoning ordinance, Master Plan or Official Map.
B. 
Conditions. In approving variances, the Commission and City Council may require such conditions as well, in its judgment, to secure substantially the objectives of the standards or requirements of these regulations.
C. 
Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner. The Commission and Council may waive, without further action with regard to approval, any portion of this Chapter and approve plats or replats dividing a lot, tract or parcel of land which does not include any dedication for new streets, improvements, easements or rights-of-way under one (1) or more of the following conditions:
1. 
Where the subdivision involves the creation of not more than two (2) lots.
2. 
Where the subdivision involves minor changes in the original lot boundaries and does not create additional building lots.
3. 
Where the subdivision involves the replatting of one (1) or more lots of record into not more than two (2) lots.
[CC 1988 §25-12; Ord. No. 2791 §1, 11-18-1985]
If any part or provisions of these regulations or thereof is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined to the part, provision or application directly involved in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances.
[CC 1988 §25-13; Ord. No. 2791 §1, 11-18-1985]
All rights or remedies of the City are expressly saved as to any and all violations of any previous subdivision regulations or amendment thereto of the City that have accrued at the time of the effective date of this Chapter.