Prior to the adoption of Ord. 21095 on 09/19/2011, Section 29-21.2 read as follows.

    (a)    Purposes of the Scenic Roadway Area.  The S-R Scenic Roadway Area is intended to promote the health, safety and general welfare of the public by encouraging the conservation, preservation and enhancement of the scenic qualities and landscape of scenic roadway areas.  The purposes of the district are:

(1)    To preserve the scenic character of designated roadways and, where possible, preserve scenic views from the roadways.

(2)    To maintain the natural beauty of the landscape as it currently exists along designated roadways.

(3)    To encourage development which is compatible with and, where possible, enhances such natural beauty.

(4)    To encourage safe and efficient traffic flow along designated scenic roadways for all modes of travel.

    (b)    General Provisions.     

The minimum lot width at the right-of-way line of a designated scenic road for R-3, R-4, and non-residential zoning districts shall be three hundred (300) feet.

    (c)    Site Development Regulations.

All land and buildings within a Scenic Roadway Area shall comply with all regulations of the underlying zoning district and applicable sign regulations, as well as the following:

(1)    Underground Utilities.  All on-site utilities shall be located underground unless required by the utility to be otherwise located.

(2)    Vegetative Buffer. The vegetative buffer is hereby defined as the portion of the site:

        a.    within seventyfive (75) feet of the centerline of a local residential street;

                b.     within eightythree (83) feet of the centerline of a collector street; or

                c.     within onehundred (100) feet of the centerline of an arterial street.
        Except for the following, no clearing of vegetation shall be permitted within the vegetative buffer:

a.    Street or sidewalk construction or reconstruction,

b.    Clearing necessary to provide and maintain natural or manmade drainage features, utilities, street lights, traffic control devices, street name signs, required sight clearance and access to the site,

                c.    Mowing, maintenance or the removal of dead or dying trees,

d.    Agricultural activities.

Installed landscaping may be added to the vegetative buffer area to meet screening requirements defined elsewhere in this chapter. Where building addressing requirements of chapter 24 cannot be met due to the vegetative buffer or a building's distance from the roadway, the address or addresses shall be clearly marked at the roadway's edge by the property owner in a manner acceptable to the director of public works community development .

(3)    Signs.  The sign regulations of chapter 23 of this code shall apply, except where modified as follows.  Only monument signs are allowed.  A monument sign is a sign attached directly to the ground or a base attached directly to the ground and not supported by poles, uprights or braces.  Internal lighting of signs, neon or flashing signs, display signs and roof signs shall not be permitted.  All spotlights and exterior lighting shall be oriented away from adjacent properties and the scenic roadways.

(4)    Building floodlighting is not permitted in non-residential zoning districts within the scenic roadway area.

(5)    Minimum Driveway Spacing.  The minimum distance between the center of driveways onto a designated scenic roadway must be two hundred twenty (220) feet for any tract, lot or parcel.  No tract, lot or parcel shall have more than two (2) driveways.

    (d)    Designation Criteria. The following criteria shall be substantially met before a street is designated as a scenic roadway:

(1)    The street affords the opportunity for the public to enjoy the natural beauty of hills, valleys, creek bottoms or vegetation;

(2)    The street is adjacent to significant natural landscape elements such as undisturbed native tree associations, rock formations and old growth trees;

(3)    The street offers scenic views or vistas from the roadway;

(4)    The street traverses or is adjacent to environmentally sensitive areas such as wetlands, woodlands, park land or private conservation areas.

(5)    In all instances, the proposed scenic roadway shall be comprised of contiguous roadway sections and have readily identifiable termini such as creeks, bridges, arterial streets or other prominent physical landmarks.

    (e)    Designation Procedure.

The following procedure shall be followed in designating scenic roadways:

(1)    A proposal to designate a scenic roadway may be made by:

a.    The city council; or

b.    An application to the city council from interested citizens, citizen groups or a recognized neighborhood organization; or

c.    An application or petition to the city council signed by owners of fifty (50) percent or more of all parcels of land with frontage along the proposed scenic roadway segment.

(2)    The city council action or citizen petitions must include a statement identifying the criteria set forth in subsection (d) of this section, which support the scenic roadway designation and setting forth the purposes and intent of such a designation.

(3)    City staff shall prepare a report for the planning and zoning commission.  The commission shall hold a public hearing on the scenic roadway designation request.  The recommendations of the planning and zoning commission and the staff report shall be forwarded to the city council, which will conduct a public hearing to take action on the proposed designation.

    (f)    Nonconforming Uses.  Any structure, including fences, which was made nonconforming by its location in an area designated a scenic roadway area, if damaged or destroyed, may be rebuilt or replaced, providing such replacement does not exceed the size or height  existing when the scenic roadway area designation became effective.  Any rebuilding or replacement shall be done in accordance with all current City standards.

(Ord. No. 15180, § 1, 3-17-97; Ord. No. 15489, § 1, 1-20-98)