(A) By owner.
(1) The owner of any land subdivided into lots may petition the city under the provisions of F.S. § 177.101 to remove (vacate and annul) the existing plat, or portion of a plat, from the official records of the county.
(2) The applicant for vacating of a plat or a part of a plat shall file the petition, certificate of title, statement of taxes, and shall pay the appropriate filing fee as established by the city.
(3) Following review of the appropriate departments and recommendations of the Planning and Zoning Board, the petition shall be acted upon by the City Commission.
(4) The applicant shall be responsible for recording the petition and the proof of publication with the Clerk of the Circuit Court for the county.
(B) By city.
(1) The City Commission may, on its own motion, order the vacation and annulment of all or any part of a subdivision within its jurisdiction.
(2) This action may include the vacation of dedicated rights-of-way and easements, provided that:
(a) The subdivision plat was lawfully recorded not less than five years before the date of this action by the Commission; and
(b) No more than 10% of the total subdivision or part thereof has been sold as lots by the original subdivider or his successor in title.
(3) This action shall be based on a finding by the Commission that:
(a) The proposed vacation and annulment of the plat will result in greater conformity with the comprehensive plan of the area; and
(b) The public health, safety, and welfare will be promoted thereby.
(4) Before acting on a proposal for vacation and annulment of subdivided land, the Commission shall hold a hearing, with due public notice (notice of intent).
(C) Access to individually-owned parcels. No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a plat or a portion of a plat, of reasonable access to the parcel, nor of reasonable access therefrom to existing facilities to which the parcel has access. However, the access remaining or provided after such vacation need not be the same as that theretofore existing.
(Ord. 241, passed 11-27-85; Am. Ord. 641, passed 5-20-93)