§ 27-478. Dedication of right-of-way.

(a)

As a minimum requirement, the following right-of-way widths shall be dedicated:

(1)

Arterial streets, fifty (50) feet each side of the centerline;

(2)

Collector streets, thirty-three (33) feet each side of the centerline;

(3)

Local streets, twenty-five (25) feet each side of the centerline;

(4)

Alleys, fifteen (15) feet each side of centerline for two-way movement, and ten (10) feet each side of centerline for one-way movement;

(5)

Culs-de-sac, radius of fifty (50) feet.

(b)

Future right-of-way. Where roadway construction, improvement or reconstruction is not required to serve the needs of the proposed development project, future rights-of-way shall nevertheless be reserved for future use. No part of the reserved area shall be used to satisfy minimum requirements of this Code.

(c)

Protection and use of right-of-way. The following provisions apply to the use of rights-of-way:

(1)

No encroachment shall be permitted into existing right-of-way, except for temporary and conditional use authorized by the city through a right-of-way use agreement in which the city is not responsible for any damage to appurtenances erected in the right-of-way, and that those appurtenances so erected can be removed for public purpose and further that the city is not obligated to replace those appurtenances this agreement is executed by the city manager and public works director.

(2)

Use of the right-of-way for public or private utilities, including, but not limited to, sanitary sewer, potable water, telephone wires, cable television wires, gas lines, or electricity transmission, shall be allowed subject to the applicable specifications.

(3)

Sidewalks and bicycle ways shall be placed within the right-of-way.

(d)

Vacations of right-of-way. Applications to vacate a right-of-way may be approved upon a finding that all of the following conditions are met:

(1)

The request is consistent with the transportation circulation element of the comprehensive plan.

(2)

The right-of-way does not provide the sole access to any property. Remaining access shall not be by easement.

(3)

The vacation would not jeopardize the current or future location of any utility.

(Ord. No. 2004-10, § 1, 10-4-04)