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CHAPTER 63 - LOT DEVELOPMENT STANDARDS

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63.260 BUFFERYARD REGULATIONS

Bufferyards shall be required to separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas, and to provide spacing between uses so as to reduce the adverse impacts of noise and odor.  Provision of bufferyards shall be the responsibility of the more intensive use, and shall be required at the time of development.  It is the responsibility of the landowner to maintain the bufferyard in a condition consistent with the approved plan.  Failure to maintain the bufferyard and its components in a condition consistent with the approved plan shall be a misdemeanor.

63.261

Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line.  Bufferyards shall not be located on any portion of an existing or dedicated public or private right-of-way.

63.262

Bufferyards in Established Districts:  Subdivision 1.  When a change of use is proposed on lands which were in an established district on the effective date of the ordinance, bufferyards shall only be required if the development involves a new use with a higher bufferyard indicator than the previously existing use.  If the bufferyard is to be provided along a lot line separating the lot from an alley right-of-way a minimum of ten feet in width, the development will be exempt from the distance requirements of this section, but the plant material required shall be integrated into the site layout between the lot line and the façade of the building.   

      Subd. 2.  Minor reconstruction or remodeling of an existing use shall not require the provision of bufferyards as a condition of zoning certificate approval.  Expansion or major reconstruction of an existing use are treated in the same manner as a change in use subject to the regulations of Section 65.710.  

63.263

Determination of Bufferyard Requirements:  This section provides the procedure to be followed in determining the bufferyard that is required by this ordinance depending upon the different types of land use.        
            Subdivision 1.  To determine the type of bufferyard required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed:  

1. Identify the bufferyard indicator of the proposed use by referring to the zoning district tables found in Chapter 62.
2. Identify the land use adjacent to the proposed use by on-site survey.
3. Identify the bufferyard indicator of all adjoining land uses by referring to the zoning district tables in Chapter 62.
4. Staff will provide the classification of adjacent streets based on the Thoroughfare Plan classification of streets.
5. Determine the bufferyard required along each boundary (or segment thereof) by referring to the table in Section 63.264.
   
   

              Subd. 2.         The table in Section 63.264 specifies the class of bufferyard to be provided along each boundary.  The classes of bufferyard are further described in the table found at Section 63.265.  Any of the options specified in Section 63.265 for a given bufferyard class shall satisfy the requirements of this ordinance.  Plan material sizes and specifications are detailed in Section 63.150.      
            Subd. 3.         Existing plant material located on the property may be counted as contributing to the bufferyard requirement if, in the opinion of the zoning administrator, the material is of such character so as to provide a similar buffering effect as the materials which normally would be required by this Code.        
           Subd. 4.         Bufferyard requirements may be waived where:  

1. Adjacent lots are developed with an existing buffer satisfying the intent of this section; or
2. The adjacent area of an abutting non-residential lot is a rear yard used as a parking area.    

63.264

The letter designations contained in this table identify a class of bufferyard which is then further defined in paragraph 63.265.  An asterisk (*) identifies that no buffer is required between the adjacent land uses.

Table of Bufferyard Requirements

63.265

Definition of Bufferyard Types:  Subdivision 1.  Section 63.264 defines the permissible options available in each bufferyard class.  Bufferyard requirements are stated in terms of a width and the number of canopy trees, understory trees and shrubs to be provided per 100 linear feet of bufferyard.  Section 63.150 specifies the size of plant materials to be used in a bufferyard.  Whenever a wall, fence or berm is required in a bufferyard, these are listed as a “structure required” in Section 63.264.  The specifications for such structures are illustrated on the page following Section 63.265.                                   
               Subd. 2.         Whenever a wall is required in addition to a berm and plantings, the wall must be located between the berm and plantings, and the higher intensity use on the adjacent lot in order to provide maximum noise reduction.  The wall must be located within two feet of the bufferyard line determined by the bufferyard width adjacent to the higher intensity use unless located within an easement.                                   
                Subd. 3.         Whenever a fence is required in addition to vegetative plantings, the fence must be located between the plantings and the higher intensity use on the adjacent lot in order to provide for adequate space for plantings, and improve screening and noise reduction.  The fence must be located within two feet of the bufferyard line determined by the bufferyard width adjacent to the higher intensity use unless located within an easement.                         
               Subd. 4.  If the development on adjoining parcels is deed restricted for solar access, understory trees may be substituted for canopy trees where canopy trees would destroy solar access.

Table - Definition of Bufferyard Options
Illustration of Fence and Berm Options

63.266

Use of Bufferyards:  Subdivision 1.  A bufferyard may be used for passive recreation.  It may contain pedestrian and bike trails, seating areas, stormwater facilities or landscape features provided that:  

1. All plant material is planted within the bufferyard; and
2. The total width of the bufferyard is maintained.

              Subd. 2.         The following uses and structures are not permitted in a bufferyard:  

1. Active recreation space including fields, rinks, pools and related facilities;
2. Exterior light sources;
3. Trash storage facilities;
4. Bicycle parking;
5. Utility boxes;
6. Security fencing;
7. Curbing;
8. Parking that allows overhang by vehicles.

              Subd. 3.  Berms, landscape walls, fencing and landscaping may not be located within a drainage or utility easement unless the design and location are approved by the City through a revocable permit.

63.267

Ownership of Bufferyards: Bufferyards may remain in the ownership of the original developer (and assigns) of a land use, or they may be transferred to any consenting grantees, such as adjoining landowners, a park or forest preserve district (the City of Rochester) or an open-space or conservation group, provided that any such conveyance adequately guarantees the protection and maintenance of the bufferyard for its intended purpose.

63.268

Excess Bufferyard: Where the bufferyard between a land use and vacant land turns out to be greater than the bufferyard which is required between the first use and the subsequently developed use, the existing use may expand its use into the original buffer area.  However, the reduced bufferyard that this ordinance requires between the two uses shall be maintained according to the regulations of this ordinance.

63.269

Contractual Reduction of Bufferyard Abutting Vacant Land:    When a land use is proposed adjacent to vacant land and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced buffer may be provided by that first use, provided that:            

1. The contract contains a statement by the owner of the vacant land of an intent to develop with uses no greater than a specified bufferyard indicator class; and,
2. The contract contains an agreement by the vacant landowner to assume all responsibility for the additional bufferyard needed if that vacant lot is substantially developed with a less intense use than had been agreed upon and thus a greater bufferyard would normally be required.  
3. The contract is recorded in the County Recorder’s Office.  All site plans and zoning certificates submitted for review and action by the City must show the bufferyard required for both properties.
   
   
   
   
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