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x <br /> SUBDIVISIONS <br /> such time as the structure or building requiring the waiver is ordinances or applicable laws, rules or standards that would <br /> destroyed or demolished. apply to the Lots in the absence of the waiver under this <br /> Division 5. <br /> Section 3.3.5.2 Application Requirements <br /> A. An application for waiver to allow building across a lot line shall DIVISION 6: PLAT VACATION <br /> be prepared in accordance with Section 3.3.5.1. <br /> Section 3.3.6.1 Purpose <br /> Section 3.3.5.3 Approval Process <br /> A. Purpose.The purpose of a plat vacation is to provide an <br /> A. The Responsible Official shall either approve, approve with expeditious means of vacating a recorded plat in its entirety, <br /> conditions, or deny the application for a waiver based on the consistent with provisions of State law. <br /> criteria in Section 3.3.5.4. <br /> Section 3.3.6.2 Application Requirements <br /> Section 3.3.5.4 Criteria for Approval <br /> A. Initiation of a Plat Vacation <br /> The Responsible Official shall decide whether to approve, <br /> conditionally approve,or deny the requested waiver based on the 1• By Property Owner.The property owner of the tract <br /> following criteria: covered by a plat may submit an application to vacate the <br /> plat at any time before any lot in the plat is sold. <br /> A. The combined area and dimensions of the two contiguous lots <br /> must meet all dimensional standards for a single lot under this 2. By All Lot Owners.If lots in the plat have been sold, an <br /> Development Code; application to vacate the plat must be submitted by all the <br /> owners of lots in the plat. <br /> B. Both lots must be under the same ownership; <br /> 3. City Council.The City Council may initiate a plat vacation <br /> C. Both lots must be legally platted whole lots within an existing on its own motion if it determines that the plat should be <br /> subdivision; vacated in the interest of and to protect the public's health, <br /> safety and welfare; and: <br /> D. The waiver shall not attempt to remove or modify recorded <br /> covenants or restrictions or easements;and a. No lots within the approved plat have been sold within <br /> five (5)years following the date that the final plat was <br /> E. The waiver to allow building across a lot line shall not require approved by the City; or <br /> the dedication of any additional right-of-way or easements. <br /> Section 3.3.5.5 Expiration b. The property owner has breached an improvement <br /> agreement, and the City is unable to obtain funds <br /> A. A waiver to allow building across a lot line shall expire with which to complete construction of public <br /> automatically if: improvements,except that the vacation shall apply <br /> only to lots owned by the property owner or its <br /> 1. Development of the lot does not occur within two years of successor; or <br /> the recordation of the waiver. <br /> c. The plat has been of record for more than five(5) <br /> 2. The structure built under the waiver is either demolished or years,and the City Council determines that the further <br /> destroyed. sale of lots within the subdivision or addition presents <br /> B. Recording.Upon expiration of the waiver, an instrument a threat to public health, safety and welfare, except <br /> that the vacation shall apply only to lots owned by the <br /> evidencing such expiration and rescinding the waiver shall <br /> be filed at the county of record. However,failure to file such property owner or its successors. <br /> instrument shall not extend the term of the waiver and the City <br /> may take any action available at law or in equity to enforce its <br /> Adopted April 17,2018 San Marcos Development Code 3:15 <br />