§ 16.40.140.2.1. Vacating public rights-of-way, easements, walkways, generally.

A.

Procedures. See applications and procedures section.

B.

Public right-of-way. As used in this section, right-of-way shall mean an easement for public vehicular or pedestrian travel, including streets, alleys, walkways and public sidewalk easements.

C.

Easement. As used in this section, easements shall mean an easement for utilities or other purposes other than rights-of-way.

D.

Air rights. It is declared to be in the public interest to encourage development in certain areas of the City, upon prescribed conditions and terms that will allow structures or activities under or over rights-of-way or easements.

1.

Applications for the use of the air space over or under rights-of-way and easements (consistent with other local, state and federal requirements), that constitute substantial permanent use of such air space, shall be treated as applications for vacation of some portion of the public interest in such right-of-way or easement.

2.

Applications for the vacation of air space over or under right-of-ways shall follow the procedures for vacation of rights-of-way. Applications for vacation of air space over or under easements shall follow the procedures for vacation of easements.

E.

Matters for consideration. The vacation of rights-of-way, easements or air rights are discretionary actions and are not appealable. In reviewing an application, the POD, Development Review Commission, or City Council shall consider the following matters:

1.

The need for easements for public utilities including stormwater drainage and pedestrian easements to be retained or required to be dedicated as requested by the various departments or utility companies.

2.

Whether the vacation would cause a substantial detrimental effect upon or substantially impair or deny access to any lot of record.

3.

Whether the vacation would adversely impact the existing roadway network, such as creating dead-end rights-of-way, substantially alter utilized travel patterns, or undermine the integrity of historic plats of designated historic landmarks or districts.

4.

Whether the easement is needed for the purpose for which the City has a legal interest and, for rights-of-way, whether there is a present or future need for the right-of-way for public vehicular or pedestrian access, or for public utility corridors.

5.

The POD, Development Review Commission, and City Council may also consider any other factors affecting the public health, safety, or welfare.

F.

Replatting. All vacated rights-of-way and abutting properties shall be replatted, prior to the vacation becoming effective, except:

1.

Vacation of rights-of-way in neighborhood zoning districts in which 25 percent or more of the lineal frontage of abutting lots are developed shall not require platting.

2.

Partial street vacations and vacation of walkways.

3.

Vacations associated with the assembly of land for City, state, federal, or other governmental institutional use.

4.

Replatting shall be required in any of these situations if the Development Review Commission or the City Council determines that replatting of the vacated rights-of-way and abutting properties is necessary to protect the public health, safety, or welfare.

(Code 1992, § 16.40.140.2.1; Ord. No. 893-G, § 45, 9-4-2008; Ord. No. 985-G, §§ 59, 60, 7-15-2010)