3618ORDINANCE NO. 3618
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 5117 OF SAID CITY; SAID
ORDINANCE BEING THE LAND DEVELOPMENT
REGULATIONS; AMENDING SECTION 6A9 - VACATION
OF RIGHTS-OF-WAY AND EASEMENTS OF ARTICLE VI,
OF THE CITY OF SANFORD LAND DEVELOPMENT
REGULATIONS TO ADD ADDITIONAL PROCEDURES;
PROVIDING FOR SEVERABILITY, CONFLICTS,
CODIFICATION AND EFFECTIVE DATE.
WHEREAS, it is the desire of the City Commission of the City of Sanford to amend the
procedures and requirements regarding requests to vacate rights-of-way and easements;
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. Section 6.19 - Vacation of Rights_of_Way and Easements of Article
VI of the Land Development Regulations is hereby deleted in its entirety and amended to read as
follows:
"SECTION 6.19 VACATION OF RIGHTS-OF-WAY AND
EASEMENTS.
In the manner prescribed by law, tights-of-way and easements may be
vacated by the City Commission af[er an advertised public heating is
held on the matter. There must be a compelling reason for the fight-
of-way or easement to be vacated. It is the intent of the City
Commission that, whenever feasible, the entire right-of-way and/or
easement within the block(s) shall be vacated and that owners of a
majority of the affected parcels concur with the vacate. Affected
parcels are those within the block(s) on either side of the tight-of-way
or easement to be vacated and which abut said right-of-way or
easement. Therefore, an applicant requesting such action shall submit
to the City Clerk the following:
a. Petition to Vacate executed by a majotity of property owners
of the affected parcels;
b. Survey or legal description of the area to be vacated; and
c. A fee established in the manner prescribed in Article X.
If the Administrative Official determines it is appropriate to vacate
only a minor portion of the right-of-way or easement the City Clerk
may accept a Petition to Vacate executed by only the owner(s) of the
property abutting the right-of-way requested to be vacated, or by only
the owner(s) of the property on which the easement to be vacated is
located.
The City Clerk shall prescribe and approve forms for petitions to
vacate rights-of-way and/or easements.
Upon receipt of the above, the City Clerk shall obtain utility
companies' recommendations regarding the proposed vacating;
request the Plans Review Committee to review and provide
recommendation; publish a notice of public hearing not less than
fourteen (14) days prior to the public hearing; and send notice of the
public hearing by certified, return receipt requested mail, to all owners
of property whose property lies within the block(s) where the vacation
is proposed. If, however, due to extenuating circumstances, the
Administrative Official determines that it is feasible or appropriate to
vacate only a portion of a right-of-way or easement, said notice shall
be sent to only the owner(s) of the property abutting the portion of
right-of-way or easement requested to be vacated.
In addkion to the above, the City Clerk shall transmit to the applicant
notice setting forth the time and place of the hearing and a description
of the right-of-way or easement to be vacated. The applicant shall
post same at each end of the right-of-way or easement to be vacated,
not less than fourteen (14) days prior to the public hearing. Affidavit
proof of the posting shall be submitted to the City Clerk prior to the
public hearing.
At the public hearing the City Commission will consider the petition
based on the recommendations of the Plans Review Committee and
citizens in regard to the possible effect of the proposal on the public
health, safety, economy, comfort, order, convenience and welfare."
Ordinance No. 3 6 18
Page 2
SECTION 2. If any section or portion of a section of this Ordinance proves to be invalid,
unlawful or unconstitutional it shall not be held to impair the validity, force or effect or any other
section or part of a section of this Ordinance.
SECTION 3. That all ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 4. It is the intention of the City Commission of the City of Sanford, Florida, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be
renumbered or relettered to accomplish such intention; that the word, "Ordinance," may be changed
to "Section," "Article," or other appropriate word.
SECTION 5. That this Ordinance shall become effective immediately upon its passage and
adoption.
PASSED and ADOPTED this/c~C/~day of~~O~.' ~
ATTEST:
As the City Commission of the
City of Sanford, Florida
Ordinance No. 3 6 18
Page 3
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true
2001. ?
of Safford, Florida
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Ordinance No. 3618
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