35-8-1 Vacating or changing a subdivision plat

(1) Subject to Subsection (3), the land use authority may, with or without a petition, consider and resolve any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision plat, or any road, lot, or alley contained in a subdivision plat, at a public hearing. (2) Any fee owner, as shown on the last county assessment rolls, of land within the platted subdivision may petition in writing to have the plat, any portion of it, or any road or lot contained in it, vacated, altered, or amended. (3) If a petition is filed, the land use authority shall hold the public hearing within 45 days after receipt of the petition if: (a) the plat change includes the vacation of a public road; (b) any owner within the plat notifies the county of their objection in writing within ten days of receiving mailed notification; or (c) all of the owners in the subdivision have not signed the revised plat. (4) The public hearing requirement of Subsections (1) and (3) does not apply and a land use authority may consider at a public meeting an owner’s petition for a subdivision amendment if the petition seeks to: (a) join two or more of the petitioning fee owner’s contiguous lots; (b) subdivide one or more of the petitioning fee owner’s lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (c) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (d) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (i) owned by the petitioner; or (ii) designated as a common area; and (e) notice has been given to adjoining property owners in accordance with 35-8-2. (5) The Community Development Department shall review any proposal to vacate or alter any road or alley located within a subdivision. Upon receiving a recommendation from the Community Development Department, the application shall be considered at a public hearing held by the Planning Commission. The County Council shall then consider and act on the Planning Commission’s recommendation at a public meeting. (6) The vacation or narrowing of a public road does not affect any existing easement or franchise right of any public utility. (Ord. 2025-11, 8/19/25; Ord. 2022-32, 11/29/22)