This Article shall apply to any request for vacation or abandonment of any public right-of-way or easement.

(A)

The applicant shall provide evidence of notification to all utilities (public and private) that may have an interest in the area to be vacated;

(B)

The Director may require the applicant to obtain the notarized signatures of property owners abutting affected portions of the right-of-way proposed for vacation, indicating support or objection for the application, if the Director believes that access to any such property may be compromised by the vacation request.

(A)

Planning and Zoning Board Review:

(1)

The PZB shall, after conducting a public hearing and considering the staff recommendation and public input of record, make a recommendation upon the application to the City Commission, based upon its consideration of, where applicable, whether or not:

a.

It will adversely affect access to neighboring properties.

b.

The subject right-of-way or easement is needed for any public purpose, or whether the vacation or trafficway plan amendment will otherwise be in conflict with the public interest of the City.

(2)

The recommendation of the PZB may include proposals for the mitigation of external impacts of the vacation of right-of-way if approved by the Commission.

(B)

City Commission review:

(1)

The Commission shall establish a public hearing to consider public testimony and staff and PZB recommendation, and may approve, approve with conditions or deny the application based upon the criteria for approval in Subsection (A)(1). Approval shall be by ordinance.

(2)

Whenever the Commission has acted upon a vacation or abandonment of rights-of-way for property, whether approved or denied, the PZB shall not thereafter consider any further application for the same or any other kind of vacations or abandonments of rights-of-way for any part or all of the same property for a period of one year from the date of approval or denial. The above time limits may be waived by a majority vote of the Commission when the Commission deems such action necessary to prevent injustice or to facilitate the proper development of the City.

(C)

Notice of the passage of such an ordinance by the City Commission shall be published one time, within thirty (30) days following its passage, in one issue of a newspaper of general circulation published in Broward County. Proof of publication of public notification, the adopted ordinance, and the proof of publication of the notice of the passage of such ordinance shall be recorded in the public records of Broward County, Florida, with certified copies thereof to the Board of County Commissioners and the property appraiser of Broward County, Florida.

(D)

Vacations and abandonments of right-of-way are subject to the applicable provisions of the City Charter.

(Ord. No. 848, 10-14-03)