§ 155.43 VACATING OF RIGHTS-OF-WAY AND EASEMENTS.
   (A)   Roads, rights-of-way, and easements may be vacated at a public hearing of the City Commission with proper publication of notice, and following a recommendation from the Planning and Zoning Board.
   (B)   (1)   Applicant must submit an application with a statement outlining the reason for the request, and a sketch of description and legal description of the area to be vacated, including the tax parcel identification number. The burden will be on the applicant to show that the request complies with all of the following:
         (a)   That the request is in conjunction with a new development or redevelopment;
         (b)   That the request is in the “public interest” (defined as something that benefits the public as a whole, not just a singular property owner - such as increasing size of property);
         (c)   That the request will not adversely affect surrounding property owners; and
         (d)   That the request conforms with utility company regulations by providing a letter from each utility company stating they approve or disapprove the vacate.
      (2)   Applicant may also be required to provide the city easements for future use to be determined by the city.
   (C)   The City Commission will consider the application based on the recommendations of the Planning and Zoning Board and appropriate departments with regard to the above standards.
(Ord. 241, passed 11-27-85; Am. Ord. 641, passed 5-20-93; Am. Ord. 1427, passed 9-22-11)