(A) The land use authority may approve the vacation, alteration or amendment of a plat by signing an amended plat showing the vacation, alteration or amendment if the land use authority finds that:
(1) There is good cause for the vacation, alteration or amendment; and
(2) No public street, right-of-way or easement has been vacated or altered.
(B) The land use authority shall ensure that the amended plat showing the vacation, alteration or amendment is recorded in the office of the County Recorder.
(C) If an entire subdivision is vacated, the County Commission shall ensure that a resolution containing a legal description of the entire vacated subdivision is recorded in the County Recorder’s office.
(D) The County Commission may adopt an ordinance granting a petition to vacate some or all of a public street, right-of-way or easement if the legislative body finds that:
(1) Good cause exists for the vacation; and
(2) Neither the public interest nor any person will be materially injured by the vacation.
(E) If the County Commission adopts an ordinance vacating some or all of a public street, right-of-way or easement, the County Commission shall ensure that a plat reflecting the vacation and/or an ordinance describing the vacations is recorded in the office of the County Recorder.
(F) The action of the legislative body vacating some or all of a street, right-of-way or easement that has been dedicated to public use:
(1) Operates to the extent to which it is vacated, upon the effective date of the recorded plat, as a revocation of the acceptance of and the relinquishment of the county’s fee in the vacated street, right-of-way or easement; and
(2) May not be construed to impair:
(a) Any right-of-way or easement of any lot owner; or
(b) The franchise rights of any public utility.
(Prior Code, § 8-12-63) (Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019)