City of Dayton, Ohio
Public Way Vacation Application
Vacation of Rights-of-Way, Section 150.445, R.C.G.O.
When the City of Dayton receives requests to vacate rights-of-way, those requests will be reviewed pursuant to
the procedures and standards in Sections 95.80 - 95.84 of the R.C.G.O. In addition, the Plan Board will consider
the request based on the following:
(A)
Analysis. The following elements shall be considered whenever an application for vacation is
reviewed by the Plan Board:
(1)
Urban Design. Is the proposed vacation advisable given the potential urban design impacts on
the surrounding area?
(2)
Community Support. Is there specific support for the vacation by a neighborhood plan or is there
some other form of demonstrated local need?
(3)
Function. Is the existing street and/or alley grid, in the surrounding area, intact or already
broken? How well does the existing street or alley system perform in the surrounding area? What
are the potential impacts to the long-term flexibility of the transportation network? Will approval
of the vacation create, reduce, or eliminate a dead-end alley or street?
(4)
Consequence. What might be the 50-100 year consequence of the vacation for the City?
(5)
Options. Are there other options to a full vacation that might be feasible and preserve the use of
the street or alley?
(6)
Services. Is the right-of-way needed for utilities, loading, or other services? Might it be in the
future? How would these needs be alternatively served?
(7)
Access. Does the right-of-way provide primary or secondary access to abutting properties for
either vehicular or pedestrian access? Does vacation of the right-of-way impact off-street
parking?
(8)
Light, View, and Air. What is the potential impact on view sheds, light, and air?
(9)
Height, Bulk, and Scale. What could be the resultant changes in height and bulk on the block?
What could be the impact on the form and orientation of buildings on the block relative to
surrounding blocks?
(10)
Pedestrian Connections. Does the right-of-way function as a mid-block or through block
connection or provide other linkages to existing sidewalks or pedestrian ways?
(11)
Use of Right-of-Way. Is the right-of-way adjacent or leading to any park, open space, natural
area, or any other natural or man-made attraction?
(12)
Comprehensive Plan. Is the vacation request consistent with the goals and objectives of the
Comprehensive Plan?
(13)
Other Plans/Policies. Is the right-of-way included in or identified by any City improvement
project or adopted plan?
(B) Criteria for Establishing Conditions. The Plan Board shall only establish conditions for a requested
vacation if
all of the following three (3) criteria are met:
(1) The right-of-way is judged as not important to the City's neighborhoods in terms of providing
access for residents, and/or property owners, space for utilities, and a means to provide City
services; and,
(2) The right-of-way is not important to the City's present or future transportation network in terms
of automobile, bicycle, or pedestrian traffic; and,
(3) The right-of-way does not serve as the primary access to parcels.
(Ord. 30515-05, passed 12-28-05)
Filing Procedure
An application for a requested vacation must be filed with the Department of Planning and Community Develop-
ment, Sixth Floor, Dayton City Hall, 101 West Third Street, Dayton, Ohio 45402, (937)333-3670, on approved
forms and the filing fee of $50.00 paid. Applications are scheduled for City Plan Board after the applicant has
reviewed the conditions for the requested vacation and still wishes to proceed.
The application must be typewritten or printed
legibly in blue or black ink. Applications which are not complete
or are not legible will be returned to the applicant, and will not be considered until completed.
At a minimum the application must contain the following:
1. Two (2) notorized copies of completed Public Way Vacation Application.
2. Two (2) copies of map showing alley/street to be vacated.
OFFICE USE ONLY
Date Filed:
Case No.:
Pub.Hrg.Date:
DOP&CD:tdk 12/14/06
