§ 23-221. Vacation of public rights-of-way or public easements.  

Effective on Tuesday, December 6, 2016
  • Rights-of-way, easements or other parcels of land dedicated for public purpose may be vacated by the city commission by adoption of an ordinance.

    Sec. 23-221.1 Application. Owners of property adjacent to right-of-way or owners of property with public easements may request their vacation by applying on forms provided by and administrative official and submitting the application fee as set forth in section 23-242. The complete legal description of the property shall be included on the application form.

    Sec. 23-221.2 Review and approval.

    a. City staff. The administrative official and director of public works shall prepare a report to the city commission or planning board, as applicable, stating all known city and non-city uses of such right-of-way, easement or property. The report shall include a diagram showing the location of the right-of-way, easement or property in relation to adjacent properties and shall show the names of all adjacent property owners. The administrative official, the director of public works, or the city commission may request a planning board recommendation on the proposed vacations.

    b. Planning board. If a recommendation is requested on a proposed vacation, the planning board shall evaluate any request for vacation of right-of-way or other dedicated property to determine whether vacation would be detrimental to the public health, safety or welfare. The planning board shall make a recommendation to the city commission to approve or deny the request for vacation. In cases where the right-of-way is used only for utilities, the planning board may recommend the vacation provided that an easement is provided for such utilities.

    c. City commission.

    1. Easement. The city commission may enact a resolution vacating an easement. The city commission may approve the vacation of an easement only with a favorable recommendation from the director of public works. Such approval may be conditioned upon the relocation of the easement and the utilities therein at the applicant's expense.

    2. Right-of-way or other dedicated property. The city commission shall determine in light of the planning board's recommendation and public comments whether the vacation is in the public interest. If a positive determination is made, the city commission may enact a resolution vacating the requested right-of-way or property and reverting said right-of-way or property to all adjacent owners in equal portions.

    Sec. 23-221.3 Recording of vacation. The city clerk shall correct the records of the clerk of the circuit court as necessary to vacate the right-of-way, easement or other property and revert the vacated right-of-way, easement or property to the appropriate owners.

(Ord. No. 2015-04,§4, 7-7-15;Ord. No. 2016-21,§1, 12-06-16)