CHAPTER 63 - LOT DEVELOPMENT STANDARDS
63.130 LANDSCAPE AREA
The landscape area ratio identified in the Zoning District Tables shall be applied to the site area or lot area to determine the total amount of landscape area to be provided. All area on a lot or site intended to contribute to the landscape area requirement must meet the further regulations of this section.
63.131
Ownership of Landscape Area: Landscape area ownership, for the purposes of this ordinance, may take one of three forms: private, common, or public:
- Private Ownership of Landscape Area: Private landscape area is land located on the same zoning lot as the principal use under the control of the owners of the principal structure or use on the lot.
- Common Landscape Area: Common landscape area is land within a development not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the occupants of the development.
- Public Landscape Area: Public landscaped area is a form of common landscaped area which has been dedicated in fee to the local governing body or one of its agencies. While maintained for the use and enjoyment of the general public, such area is designed primarily for the residents of the particular development in which it has been utilized to meet the landscape area requirement.
63.132
Preservation of Common and Public Landscape Area: Landscape area shall be maintained so that use and enjoyment as open space is not diminished or destroyed. Common or public landscape area may be owned, preserved and maintained by any of the following mechanisms:
- Condominium: The landscaped area may be controlled through the use of condominium agreements. All landscaped area shall be held as a "common element".
- Dedication of open space to the City of Rochester or an appropriate public agency, if either is willing to accept the dedication.
- Common ownership of the open space by a homeowner's association which assumes full responsibility for its maintenance.
- Dedication of development rights of open space may be made to an appropriate public agency with ownership and maintenance responsibility remaining with the developer or homeowner's association.
- Deed-restricted private ownership which shall prevent development and/or subsequent subdivision of the open-space land and provide for maintenance responsibility.
- Land designated as the required landscape area for a development shall not be sold, subdivided or developed unless adequate landscape area remains for the original development to meet ordinance requirements. Landscape area for one development may not be used to meet the requirements for another development.
63.134
An application for a development permit shall indicate the boundaries of the area utilized to meet landscape area requirements and, in the case of common or proposed public landscape area, the application shall be accompanied by proposed documents specifying ownership and maintenance responsibilities.
63.135
Private or common landscape areas shall be developed in a manner which serves one or more of the following purposes:
- to separate use areas on the development, such as circulation from recreation
- to provide aesthetic benefits by providing a feeling of openness to the development when viewed from the adjacent right-of-way or adjacent residential properties
- for passive or active recreational purposes
- to enhance the livability of interior building areas by providing open space adjacent to window
63.136
When landscaped area is provided through either common or public means, assurances shall be provided that the area will be accessible to all residents of the development. Such access may be provided either through adjacency of the private lots or buildings to the common space, the use of walkways or accessways leading to the common or public areas, or public rights-of-way which have frontage on the common or public open space for a distance of at least 40 feet.
63.137
Permissible Types of Landscaped Areas: Landscaped areas include required yards, courts and bufferyards which are free of buildings, structures and other substantial improvements (except structures or improvements qualifying as usable recreational area), driveways which serve parking areas providing off street parking for residential buildings with four or less units; ground surface areas located above underground facilities which meet the other requirements of this section; pedestrian and bicycle paths, plazas within a building which are directly oriented to the major pedestrian entrance of the building and are open to view and use by the public, areas developed for either passive of active recreation at ground level and natural areas such as lakes, ponds, wetlands or grassed waterways.
In the CDC District, open space areas such as plazas, interior atriums visually open to surrounding properties, exterior sitting areas at or within two stores of street grade, or similar improvements, may be considered as landscape area.
63.138
The following examples are listed by way of illustration to indicate what may not be counted as landscaped area within the meaning of this section:
- Public or private right-of-way for streets;
- Roofs;
- Open parking areas or parking garages;
- Driveways which serve four (4) or more parking spaces; except as provided for in 63.137;
- Non-recreational buildings, including storage sheds and carports.
- Balconies, screened porches, terraces or similar passive recreation areas that are an integral part of the building.
63.139
Permitted Obstructions over Landscaped Areas: The following shall not be considered obstructions when located over any landscaped area:
- Unenclosed terraces, fire escapes, planting boxes or air conditioning units, provided no such items projects more than six (6) feet into or over the landscaped area.
- Unenclosed balconies.
- Eaves, gutters or downspouts.
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