Chapter 4.13
VACATIONS
Sections:
4.13.500 Zoning of vacated right-of-way.
4.13.600 Conditions of approval.
4.13.100 Purpose.
This section states the procedures and review criteria for the vacation of a public easement or public right-of-way. For vacations of plats or re-platting see SDC 4.3.200. (Ord. 08-06 § 3, 2008)
4.13.200 Initiation.
A vacation proposal may be initiated by the city council or by petition of adjoining and area owners in accordance with ORS 271.080. (Ord. 08-06 § 3, 2008)
4.13.300 Procedure.
Type IV procedures as outlined in Article 4 shall be used as supplemented by the provisions of ORS Chapter 271. State law defines the affected area and mandates notice requirements that are more stringent than the city’s Type IV procedure. (Ord. 08-06 § 3, 2008)
4.13.400 Review criteria.
Vacation requests may be approved if the review body finds that the applicant has shown that all of the following review criteria are met; the applicant shall bear the burden of proof.
A. The requested vacation is consistent with relevant comprehensive plan policies and with any street plan, city transportation, or public facility plan.
B. The requested vacation will not have a negative effect on access between public rights-of-way or to existing properties, potential lots, public facilities or utilities.
C. The requested vacation will not have a negative effect on traffic circulation or emergency service protection.
D. The portion of the right-of-way that is to be vacated will be brought into compliance with code requirements, such as landscaping, driveway access, and reconstruction of access for fire safety.
E. The public interest, present and future, will be best served by approval of the proposed vacation. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.13.500 Zoning of vacated right-of-way.
Except as otherwise provided within the vacation ordinance or where the official city zoning map is not clear as to the zoning of vacated right-of-way, the zoning of each parcel of vacated territory shall be the same as the adjoining property to which the ownership of the parcel automatically reverts. (Ord. 08-06 § 3, 2008)
4.13.600 Conditions of approval.
The city may attach conditions to the approval of a vacation request to ensure that the proposal will conform to the review criteria and city policy for the vacation of public land. (Ord. 08-06 § 3, 2008)