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Milford City Zoning Code

13.49 Alley

Vacate Process

13.49.010 Purpose

The purpose of this chapter is to provide an orderly process for the vacation of any alleyway located within Milford City, consistent with the procedures and standards set forth in Utah State Code, as amended. The intent of these provisions is to ensure that any proposed vacation serves the public interest, maintains adequate access for property owners and emergency services, and protects all existing public and private utilties.

13.49.020 Applicability

This chapter shall apply to the vacation of any alley in Milford City, whether or not such right-of-way has been improved or maintained by the city.

13.49.025 Prohibition

No alleyway shall be considered for vacation where:

  1. Utility lines exist within the alleyway;
  2. The alleyway provides current access for the maintenance, repair, or installation of utility lines.

13.49.030 Initiation Of Request

  1. A request to vacate an alley may be intiated by:
    1. A property owner whose property abuts the area proposed for vacation; or
    2. The Milford City Council or Planning Commission when determined to be in the public interest.
  2. The request shall be submitted in writing on the application provided by the city and shall include:
    1. A description and map of the are proposed for vacation;
    2. The names and mailing addresses for all abutting property owners; and
    3. Signatures of each owner who consents to the vacation.

13.49.040 Review

  1. Upon receipt of a petition to vacate an alleyway, the city shall conduct an administrative review to ensure the following has been completed:
    1. The petition has been properly completed;
    2. The applicable filing fee had been paid; and
    3. Send written notice of the petition to all utility companies located within the bounds sought to be vacated
  2. Upon verification, the petition shall be forwarded to the Planning and Zoning Commission for their review.
  3. The Planning Commission shall, during its review and prior to making its recommendation, consider the following:
    1. Whether the proposed vacation is consistent with the public interest;
    2. Whether the vacation will create landlocked property or otherwise deprive any property owner of access;
    3. Whether the area is required for current or future public access, drainage, or development; and
    4. Whether any utilities, easements, or other public facilities are located within the proposed area.

13.49.060 Public Hearing And Notice

  1. Prior to acting on a request for vacation, the City Council shall hold a public hearing.
  2. Notice of the hearing shall be given as required by Utah Code and Milford City noticing procedures.
  3. Written notice shall be mailed to all abutting property owners and affected entities not less than ten days prior to the hearing date.

13.49.070 City Council Action

  1. After receiving the recommendation of the Planning Commission and considering public comment, the City Council may;
    1. Approve the vacation by ordinance;
    2. Approve the vacation with conditions; or
    3. Deny the request.
  2. An approved vacation shall not take effect until the adopting ordinance is executed and deeds have been recorded with the Beaver County Recorder's Office.