5.4.7. MS&R RIGHT-OF WAY USE MODIFICATION REQUEST

   A.   Purpose

      This section provides an administrative process allowing improvements in privately and publicly owned MS&R right-of-way areas . This procedure is intended to allow flexibility in using right-of-way areas where no negative impact is created for surrounding property or the City 's major streets and routes planning and where there is a finding that the subject right-of-way area will not be used for road expansion or similar uses in the future.

   B.   Applicability

      The following improvements may be considered under this Major Streets & Routes Plan Right-of-Way Modification Request (MSMR): buildings , signs, required parking and landscaping and any other improvement deemed similar by the PDSD Director. The MSMR does not apply to scenic routes . Permission to use MSMR shall not preclude any other necessary regulatory relief process, such as a Design Development Option or Variance.

   C.   Application

      Applications must include property ownership information, a site plan , and other information as required by the PDSD and Department of Transportation Directors as necessary to evaluate the request. Except as provided herein, review of an MSMR is processed in accordance with Section 3.3.3, PDSD Director Approval Procedure.

   D.   Findings for Approval

      The PDSD Director may approve a MSMR as provided by this section if all of the following applicable criteria are met and documented in findings.

      1.   There is a written finding by the Department of Transportation Director that the subject right of way area will not be used for road, drainage or other needed expansions in the future and any other special condition required for approval has been met, and

      2.   The modification is not a request previously denied as a variance, and

      3.   The modification is not to a condition of approval for a rezoning, Special Exception Land Use, variance, or Individual Parking Plan, and

      4.   The modification does not adversely impact adjacent properties or development, and

      5.   The modification does not impede sight visibility at points of ingress into, egress from, or within the vehicular use area for either vehicular or pedestrian traffic or otherwise create or increase a safety hazard, and

      6.   The modification provides an improvement that is better integrated into the design character of the immediate neighborhood, and

      7.   The MSMR does not replace the need for an approval as a Parking Design Modification Request per Sec. 7.4.10.

(Am. Ord. 11171, 5/20/2014; Am. Ord. 11386, 7/6/2016)