5.3.15. DESIGNATION, AMENDMENT, OR CHANGE OF BOUNDARIES FOR A SCENIC CORRIDOR ZONE

   Designation, amendment, or change of boundaries for a Scenic Corridor Zone are processed in accordance with Section 5.4.3, MS&R Map Adoption and Amendment.

5.4. MAJOR STREET AND ROUTES SETBACK ZONE (MS&R)

5.4.1. PURPOSE

   The purpose of this overlay zone is to implement policies in the City ’s General Plan , the Regional Transportation Plan, and the Air Quality Plan, with specific emphasis on the Major Streets and Routes (MS&R) Plan . The MS&R Plan  projects the future arterial and collector street needs of the community and is a tool to implement the development of a safe and efficient street system and the design of all land uses serviced by that system, while assuring the economic viability of new and expanding land uses and the continued economic stability of the community. These goals are achieved by providing for the:

   A.   Capability of street widening in a timely manner in order to increase the safety of the street system, allow for adequate street capacity, and provide for the movement of traffic safely and efficiently;

   B.   Capability of timely improvement of the street system to assist in reducing air pollution that:

      1.   Poses a significant threat to the health of the residents;

      2.   Negatively impacts on sectors of the economy dealing with astronomical observation, research, tourism and convention, health, and filmmaking; and,

      3.   Adversely affects the quality of life.

   C.   Economic viability of new land uses located on the MS&R system by establishing design standards that will provide adequate on-site facilities to accommodate and serve those land uses after street widening and improvement;

   D.   Improvement of the MS&R system by establishing standards that assure availability of land for street widening purposes, including alternate modes of transportation such as bicycle , pedestrian, and mass transit;

   E.   Stability of residential neighborhoods that are in close proximity to streets on the MS&R system, minimizing any unsafe encroachment into adjacent neighborhoods by requiring all new and expanding land uses located on the MS&R system to maintain adequate facilities to serve their needs after any street improvement; and,

   F.   Community’s continued economic stability by establishing design standards to provide for the economic viability of all properties located along the MS&R system after street  improvements .

5.4.2. APPLICABILITY

   The MS&R standards apply to the following uses on property, any portion of which abuts or is adjacent to a street designated on the City ’s or County ’s MS&R Plan :

   A.   New structures ;

   B.   Changes of use, including new structures occurring on vacant land;

   C.   Uses of land or structures legally existing as of June 27, 1988, that are expanded in floor area , lot coverage , parking, seating capacity, or any other expansion of use, as listed below. Exception. An expansion of off-street parking for a nonconforming existing use that increases the number of spaces to the minimum required by the UDC for that use is exempt from counting toward the 25% expansion: (See Figure 5.4-A.)

      1.   If the expansion is less than 25%, the MS&R applies to the proposed expansion. The remainder of the use or structure shall be governed by provisions in force at the time of initial approval for the use or structure;

      2.   If the expansion is 25% or more, the MS&R applies to the proposed expansion and to the parking and landscaping standards that apply to the overall development ; or,

      3.   Expansions that occur after the effective date of the MS&R shall be cumulated in determining the 25% expansion; and,

   D.   When one or more of the standards of the MS&R, the Gateway Route , or the Scenic Corridor Zone (SCZ) (Section 5.5) apply to the same street , the most restrictive standards apply.

Figure 5.4-A: Applicability of MS&R Setback Provisions

5.4.3. MS&R ADOPTION AND AMENDMENT

   The major streets and routes applicable under these provisions are established by the MS&R Map, which is adopted as a component of the MS&R Plan . The adoption and amendment of the MS&R Plan , including designations of Scenic Routes and Gateway Routes , are processed in accordance with Section 3.6, Land Use Plan Adoption and Amendment Procedure. Designations of extensions of Scenic Routes and Gateway Routes may also be adopted with the adoption of original City zoning in accordance with Section 3.5.3, Zoning Examiner Legislative Process.

5.4.4. ESTABLISHMENT OF MS&R RIGHT-OF-WAY LINES AND GATEWAY ROUTES

   MS&R right-of-way line locations are established utilizing the future right-of-way width for those streets identified in the MS&R Plan . The widths are measured in accordance with the method established by the MS&R Plan . Gateway Routes are those major streets or routes designated as Gateway Routes by the MS&R Plan .

5.4.5. PERMITTED USE OF MS&R RIGHT-OF-WAY AREA

   The area between the MS&R right-of-way lines is also referred to as the MS&R right-of-way area , whether publicly or privately owned. In addition to roadway  improvements in conjunction with and accessory to development on abutting properties, the following are permitted in the MS&R right-of-way area :

   A.   No portion of the MS&R right-of-way area that is publicly owned shall be used toward complying with UDC standards, unless specifically stipulated;

   B.   Landscaping in compliance with Section 7.6, Landscaping and Screening Standards;

   C.   Structural improvements , provided:

      1.   The MS&R is not a Scenic Route ;

      2.   The structure is not a building ;

      3.   That, if the improvement is for off-street parking , such parking is in addition to the amount required for the existing use(s), and the area is fully improved as required for any parking area . The screening and landscaping required by Section 7.6, Landscaping and Screening Standards, for vehicular use areas , street landscape borders , and Gateway Routes may be located temporarily in the MS&R right-of-way area until such time as this area is used for right-of-way purposes. Upon elimination of the parking area , all parking-related improvements , such as required screening and landscaping , as specified on the site plan required by Section 5.4.5.F, shall be moved to the location specified on the site plan at no cost to the City ; (See Figure 5.4-B.)

      4.   The structural improvement, other than landscaping , access, or public improvements , is located at least eight feet from the edge of the existing roadway (curb);

      5.   The improvement does not obstruct the existing street ’s sight visibility triangle;

      6.   That, if the improvement is a sign, it is permitted as an on-site sign by the Sign Code. Such sign shall be removed at the time of street widening at no expense to the City ; and,

      7.   Approval is granted by the Mayor and Council for any structural improvement located within publicly owned right-of-way.

Figure 5.4-B: Permitted Uses of the Major Street and Route Right-of-Way Area

   D.   The following applies when calculating the various standards:

      1.   On development projects that are not part of a subdivision  plat or rezoning application, the site area within the MS&R right-of-way may be used as follows:

         a.   For calculation of lot coverage or open space as non-lot coverage or open space area, regardless of what improvements are located within that area;

         b.   For calculation of an adjustment for nonresidential projects to off-street parking in accordance with Section 5.4.6.B or floor area standards provided the adjustment does not reduce the amount of required parking by 20% or more of the amount that would be required without the adjustment.

         c.   For calculation as part of the site , floor area , and density calculations. If the entire MS&R right-of-way area , excluding access and public improvements , to the edge of the paved roadway is landscaped, that part of the site within the MS&R right-of-way area may be included at one and one-eighth its size (multiply the area size by 1.125), provided:

            (1)   The landscaping is visible from the public right-of-way ;

            (2)   The landscaping is over and above that required by the UDC ; and,

            (3)   The street is not scheduled for construction within a period of three years from the date of issuance of a building permit.

         d.   If, in addition to landscaping the entire MS&R area, that area is dedicated to the City at nominal cost , the area may be included at one and one-fourth its size (multiply the area dedicated by 1.25) in lieu of the 1.125. In this situation, Section 5.4.5.D.1.c(3) would not apply.

      2.   On development projects that are part of a subdivision  plat application but not part of a rezoning application, Section 5.4.5.D.1.c may be utilized.

   E.   Landscaping that is provided to achieve additional density or floor area is considered a requirement of the UDC and shall be maintained in compliance.

   F.   An approved site plan is required indicating how the project will comply with UDC standards when the MS&R right-of-way can no longer be used as part of the site . Such plan shall be an exhibit to an executed covenant for recordation stating the responsibility of the property owner, successor, or assignee as to the removal of improvements and compliance with the UDC at no cost to the City .