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Toledo City Zoning Code

CHAPTER 137

VACATION AND DISPOSAL OF STREETS

137.01 POWER TO VACATE.

When, in the judgment of the Council, it would be in the best interest of the City to vacate a street, portion thereof, or any public grounds, the Council may do so by ordinance in accordance with the provisions of this chapter.
(Code of Iowa, Sec. 364.12[2a])

137.02 PLANNING AND ZONING COMMISSION.

Any proposal to vacate a street, portion thereof, or any public grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council. The Commission shall submit a written report including recommendations to the Council within 30 days after the date the proposed vacation is referred to the Commission.
(Code of Iowa, Sec. 392.1)

137.03 NOTICE OF VACATION HEARING.

The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.

137.04 FINDINGS REQUIRED.

No street, portion thereof, or any public grounds shall be vacated unless the Council finds that:
1.   Public Use. The street, portion thereof, or any public ground proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.
2.   Abutting Property. The proposed vacation will not deny owners of property abutting on the street reasonable access to their property.

137.05 DISPOSAL OF VACATED STREETS.

When in the judgment of the Council it would be in the best interest of the City to dispose of a vacated street, portion thereof, or public ground, the Council may do so in accordance with the provisions of Section 364.7, Code of Iowa.
(Code of Iowa, Sec. 364.7)

137.06 DISPOSAL BY GIFT LIMITED.

The City may not dispose of real property by gift except to a governmental body for a public purpose or to a fair.
(Code of Iowa, Sec. 174.15[2] and 364.7[3])
EDITOR’S NOTE
The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets, alleys, or public grounds and remain in full force and effect.
ORDINANCE NO.
ADOPTED
ORDINANCE NO.
ADOPTED
EDITOR’S NOTE
The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets, alleys, or public grounds and remain in full force and effect.
ORDINANCE NO.
ADOPTED
ORDINANCE NO.
ADOPTED
08-2005A
August 8, 2005
08-2005B
August 8, 2005
08-2005C
September 12, 2005
2015-02
October 26, 2015
2016-01
June 27, 2016
2016-02
June 27, 2016
2016-03
July 11, 2016
2016-04
August 8, 2016
2016-05
August 8, 2016
2016-06
August 8, 2016
2017-01
February 13, 2017
2017-03
May 22, 2017
2017-07
June 26, 2017
2017-09
October 9, 2017
2018-01
March 26, 2018
2018-05
May 29, 2018
2020-06
July 13, 2020
2021-12
August 9, 2021
2021-13
September 13, 2021
2021-14
October 11, 2021
2022-03
August 8, 2022
2022-05
September 12, 2022
2023-01
January 9, 2023
2023-03
May 22, 2023
2023-06
July 10, 2023
2023-10
November 13, 2023
2024-04
October 14, 2024
2025-04
July 28, 2025