§ 12-01. Procedure before sale of lot.

Any time before building construction has progressed to the point that vacation of the plat would place the land and buildings in violation of this or any other ordinance of the city, any plat, or part thereof, recorded in compliance with this ordinance may be vacated with the consent of the city manager, by owners, proprietors and trustees, if any, who signed the statement required in section 7-02.6 at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged or proved or recorded in the office of the clerk of [the] circuit court wherein the plat to be vacated is recorded. The execution and recordation of such writing shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in, and reinvest such owners, proprietors and trustees, if any, with the title to the streets, alleys, easements, and public areas laid out or described in such plat.

To determine whether or not vacation would result in a violation, the buildings, if any, on the original tract of land shall be counted and those buildings constructed in the platted area shall be counted also.

The intent and purpose of this section is to allow vacation of a plat or part thereof only in those cases where reversion of the land to its original size and shape will not place such land and buildings, including all buildings on the land, in such position that a violation of any city ordinance would exist had the plat never been prepared, approved and recorded.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2271.

State law reference

Similar provisions, Code of Virginia, § 15.2-2271.