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
.