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Designation, amendment, or change of boundaries for a Scenic Corridor
are processed in accordance with Section 5.4.3, MS&R Map Adoption and Amendment.
The purpose of this overlay
is to implement policies in the
’s
, the Regional Transportation Plan, and the Air Quality Plan, with specific emphasis on the
. The
the future arterial and
needs of the community and is a tool to implement the
of a safe and efficient
system and the design of all
serviced by that system, while assuring the economic viability of new and expanding
and the continued economic stability of the community. These goals are achieved by providing for the:
A. Capability of
widening in a timely manner in order to increase the safety of the
system, allow for adequate
capacity, and provide for the movement of traffic safely and efficiently;
B. Capability of timely improvement of the
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
located on the MS&R system by establishing design standards that will provide adequate on-
facilities to accommodate and serve those
after
widening and improvement;
D. Improvement of the MS&R system by establishing standards that assure availability of land for
widening purposes, including alternate modes of transportation such as
, pedestrian, and mass transit;
E. Stability of residential neighborhoods that are in close proximity to
on the MS&R system, minimizing any unsafe encroachment into
neighborhoods by requiring all new and expanding
located on the MS&R system to maintain adequate facilities to serve their needs after any
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
.
The MS&R standards apply to the following uses on property, any portion of which abuts or is
to a
designated on the
’s or
’s
:
A. New
;
B. Changes of use, including new
occurring on vacant land;
C. Uses of land or
legally existing as of June 27, 1988, that are expanded in
,
, parking, seating capacity, or any other expansion of use, as listed below. Exception. An expansion of
for a nonconforming existing use that increases the number of spaces to the minimum required by the
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 shall be governed by provisions in force at the time of initial approval for the use or ;
2. If the expansion is 25% or more, the MS&R applies to the proposed expansion and to the parking and
standards that apply to the overall
; 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
, or the Scenic Corridor
(SCZ) (Section 5.5) apply to the same
, the most restrictive standards apply.
The
applicable under these provisions are established by the MS&R Map, which is adopted as a component of the
. The adoption and amendment of the
, including designations of
and
, are processed in accordance with Section 3.6,
Plan Adoption and Amendment Procedure. Designations of extensions of
and
may also be adopted with the adoption of original
zoning in accordance with Section 3.5.3, Zoning Examiner Legislative Process.
The area between the
is also referred to as the
, whether publicly or privately owned. In addition to
in conjunction with and accessory to
on
properties, the following are permitted in the
:
A. No portion of the
that is publicly owned shall be used toward complying with
standards, unless specifically stipulated;
C. Structural
, provided:
1. The MS&R is not a
;
2. The is not a
;
3. That, if the improvement is for
, such parking is in addition to the amount required for the existing use(s), and the area is fully improved as required for any
. The screening and
required by Section 7.6,
and Screening Standards, for , , and may be located temporarily in the until such time as this area is used for
purposes. Upon elimination of the , all parking-related , such as required screening and , as specified on the required by Section 5.4.5.F, shall be moved to the location specified on the at no cost to the ; (See Figure 5.4-B.)
4. The structural improvement, other than
, access, or public
, is located at least eight feet from the edge of the existing
(curb);
5. The improvement does not obstruct the existing
’s sight visibility triangle;
6. That, if the improvement is a sign, it is permitted as an on-
sign by the Sign Code. Such sign shall be removed at the time of
widening at no expense to the
; and,
7. Approval is granted by the Mayor and Council for any structural improvement located within publicly owned .
D. The following applies when calculating the various standards:
1. On
that are not part of a
or rezoning application, the
within the MS&R may be used as follows:
a. For calculation of
or
as non-
or
area, regardless of what
are located within that area;
b. For calculation of an adjustment for nonresidential
to
in accordance with Section 5.4.6.B or
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
,
, and
calculations. If the entire
, excluding access and public
, to the edge of the paved
is landscaped, that part of the
within the
may be included at one and one-eighth its size (multiply the area size by 1.125), provided:
(1) The
is visible from the public
;
(2) The
is over and above that required by the
; and,
(3) The
is not scheduled for construction within a period of three years from the date of issuance of a
permit.
d. If, in addition to
the entire MS&R area, that area is
to the
at
, the area may be included at one and one-fourth its size (multiply the area
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
that are part of a
application but not part of a rezoning application, Section 5.4.5.D.1.c may be utilized.
E.
that is provided to achieve additional
or
is considered a requirement of the
and shall be maintained in compliance.
F. An approved
is required indicating how the
will comply with
standards when the MS&R
can no longer be used as part of the
. 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
and compliance with the
at no cost to the
.
A.
The required minimum street
from a
that is designated a major
or route on the MS&R Map shall be the same as the
for the base
in accordance with Section 6.3.4, Dimensional Standard and Exceptions Tables, and other related sections if the is not a designated on the MS&R Map. Along a that is designated a , the required is regulated in accordance with Section 5.3.4.A,
Buffer Area.
B. Adjustment
An adjustment to the amount of required
for nonresidential
is permitted to compensate for the setting aside of property for eventual use as part of an MS&R improvement in accordance with Section 5.4.5.F. The amount of adjustment depends on the individual situation. To determine the amount, an adjustment factor is applied and calculated as provided below.
C. Applying Adjustment Factor
The adjustment factor (percentage) is utilized to accomplish one of the following:
1. To lower the ratio of required
spaces to the square footage of use;
2. To increase the square footage of use for the amount of
provided; or,
3. To increase the seating capacity of a use for the amount of
provided.
EXAMPLE 1: Application of Adjustment Factor
• Required Parking Ratio: One space for every 200 square feet of
.
• Adjustment Factor: 11.2 percent. (Refer to Section 5.4.6.C)
• Proposed
Square Footage: 30,440 square feet. Application 1. Adjustment to the Parking Ratio. If the adjustment factor is applied to the parking ratio, then the ratio (200) is multiplied by the adjustment factor (0.112). The result (22.4) is added to the normally required ratio (200) to provide the new adjusted ratio (222.4) that would be applicable. Application 2. Adjustment to
Size. If the adjustment factor (11.2%) is applied to the (30,440), first the parking would be calculated on the 30,440 square feet that, at one space per 200 square feet, would equal 152 parking spaces that shall be provided. Then, the 30,440 square feet is multiplied by the adjustment factor (0.112). The result (3,409) is then added to 30,440 square feet to provide a total square footage of 33,849 that could be placed on the property. Application 3. Adjustment to Seating Capacity. To apply the adjustment factor in a situation where the required is calculated by the number of seats, such as one space for every five seats, the adjustment factor (0.112) is multiplied by the number of seats (5). The result (0.56) is added to the number of seats (5) to provide the new adjusted ratio of one space for every 5.56 seats that would be applicable. |
D. Calculation of Adjustment Factor
1. The adjustment on each
is based on the amount (by percentage) of
that is within the
(A). This adjustment factor is calculated by dividing that area (A) by the gross
that includes area A. The adjustment factor is calculated to the nearest thousandth as shown below. (See Figure 5.4-C.)
Formula: A
÷
(A + B) = Adjustment factor
Where:
A =
within MS&R
B =
outside the MS&R
A + B =
or gross
EXAMPLE 2: Utilization of Formula A = 15,000 square feet B = 75,000 square feet A ÷ (A + B) = Adjustment factor (percentage) 15,000 ÷ (15,000 + 75,000) = Adjustment factor 15,000 ÷90,000 = Adjustment factor .167 = 16.7% = Adjustment factor EXAMPLE 3. Adjustment Utilizing Section 5.4.5.H.1.d. If area A were to the , then area A would be allowed to count at one and one-fourth its size in the adjustment calculation as provided in Section 5.4.5.D.1.d. For example, utilizing the conditions in Example 1, where A is equal to 15,000 square feet utilizing the provision of Section 5.4.5.D.1.d, area A would now be equal to 18,750 square feet (15,000 multiplied by 1.25). The calculation would be as follows with B = 75,000 square feet: A ÷ (A + B) = Adjustment factor 18,750 ÷ (18,750 + 75,000) = Adjustment factor 18,750 ÷ 93,750 = Adjustment factor 0.20 = 20% = Adjustment factor |
(Am. Ord. 11171, 5/20/2014)
A. Purpose
This section provides an administrative process allowing
in privately and publicly owned
. This procedure is intended to allow flexibility in using
areas where no negative impact is created for surrounding property or the
's major
and routes planning and where there is a finding that the subject
area will not be used for road expansion or similar uses in the future.
B. Applicability
The following
may be considered under this Major Streets & Routes Plan
Modification Request (MSMR):
, signs, required parking and landscaping and any other
deemed similar by the PDSD Director. The MSMR does not apply to
. 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
, 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
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
into,
from, or within the
for either vehicular or pedestrian traffic or otherwise create or increase a safety hazard, and
6. The modification provides an
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)
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