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