§ 152.085 BUFFERING AND SCREENING.
   (A)   Purpose. Buffering and screening serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses. Buffering and screening are required between specified lots in different zoning districts and between land developments and along existing streets. The extent of buffering and screening required shall be determined by the type of use proposed and the adjacent uses and/or zoning surrounding the proposed development. The impact of the proposed use on adjoining properties is the basis for establishing buffering and screening standards.
   (B)   Required buffering and screening. All buffering and screening required by this chapter shall conform to the regulations set forth in this section of this chapter. Buffering and screening that conforms to the requirements of this section shall be required as specified in the table set forth below or provisions (D)(1) through (4). The applicant proposing the new land use, rezoning, or major structural change or expansion shall be responsible for meeting the requirements of this section of this chapter.
   (C)   Determination of buffering and screening class.
      (1)   The table set forth in this section specifies the buffering and screening that shall be required. For each property boundary, the applicant shall determine the adjacent zoning district(s). Then, the applicant shall match the proposed land use, whether the land is vacant or there is an existing use that is proposing a major structural change or expansion or rezoning with the identified adjacent zoning district(s) in the table below. The letter indicates the buffer class. After determining the buffer class from the table, the applicant shall select a planting option from the table set forth in provision (E) of this section.
      (2)   A major structural change or expansion, for the purposes of this section, shall be considered to be an expansion of the existing building floor area or land area used by 40% or more.
   Table 152.8 Buffering and Screening Required.
Adjacent Zoning
Proposed Land Use: Rezoning, Major Structural Changes, Expansion
Agricultural
Low/Mixed
Commercial
Industrial
Low Density Residential
High Density Residential
(Downtown Other)
(Other, Downtown)
Adjacent Zoning
Proposed Land Use: Rezoning, Major Structural Changes, Expansion
Agricultural
Low/Mixed
Commercial
Industrial
Low Density Residential
High Density Residential
(Downtown Other)
(Other, Downtown)
Agricultural
-
-
-
-
-
Low/Mixed Low Density Residential
-
-
B
A
C
High Density Residential
-
B
-
A
C
Commercial
Downtown
-
A
A
-
A
Other
-
B
B
-
A
Industrial
Other
-
D
D
-
-
Downtown
-
A
A
-
-
 
      (3)   Where a street or alley is located between the proposed and adjacent land uses, the required Class (A-D) shall be reduced to the next less restrictive class, such as from Class C to Class B, except industrial uses which shall be required to use the same classes as indicated on the table above.
   (D)   Special planning option requirements.
      (1)   Buffering and screening shall be required to be located along the perimeter of all parking areas of nonresidential uses located in residential districts. The buffering and screening planting option required shall be Class B.
      (2)   Buffering and screening shall be required around the perimeter of parking areas serving dwelling uses with three or more units located in the Mixed Low Density Residential (R-2) District. The buffering and screening planting required shall be one deciduous canopy tree per 40 feet and one understory tree per 40 feet or a hedge planted on three-foot centers and meeting all other requirements of this section.
      (3)   Low- or High-Density Residential uses proposed for development adjacent to arterial streets, as designated in the Byron Comprehensive Plan or railroad right-of-way shall be required to provide buffering and screening to the level specified in planting options, Class B.
      (4)   Where a railroad right-of-way is located between the proposed industrial/commercial and adjacent residential uses/zoning, no buffer or screening shall be required adjacent to the railroad right-of- way.
   (E)   Planting options.
      (1)   The options below indicate the amount of plant material and fencing that is required. Unless specified, plantings are not required to be aligned on property or right-of-way boundaries, but may be sited in any required yard on the property for buffering and screening purposes. The Planning Commission and City Council may permit staggering or grouping of plant materials if a satisfactory buffer is achieved. Determination of the total number of plants shall be made by dividing the dimensions of the area where buffering and screening is required by the specification of the tables set forth in this section.
   Table 152.9 Planting Options
Class
Option
Class
Option
A
10 feet wide with one hedgerow on lot line (plants on 3-foot centers) and one canopy tree per 50 feet.
7 feet wide with 6-foot-high fencing on lot line and one canopy tree per 50 feet.
B
10 feet wide with one deciduous canopy tree per 50 feet and one shrub per 4 feet.
15 feet wide with one deciduous canopy tree per 40 feet and one understory tree per 40 feet.
20 feet wide with one deciduous canopy tree per 40 feet and one understory tree per 50 feet.
20 feet wide with one deciduous canopy tree per 40 feet and one coniferous tree per 80 feet.
C
10 feet wide with one canopy tree per 40 feet, one understory tree per 20 feet, one shrub per 15 feet and 6-foot-high fencing on lot line.
15 feet wide with one deciduous canopy tree per 40 feet, one coniferous canopy tree per 40 feet, one understory tree per 30 feet and one shrub per 20 feet.
20 feet wide with one deciduous canopy tree per 40 feet, one coniferous canopy tree per 50 feet, one understory tree per 40 feet and one shrub per 30 feet.
25 feet wide with one deciduous canopy tree per 40 feet, one coniferous canopy tree per 60 feet and one understory tree per 40 feet.
D
25 feet wide with one deciduous canopy tree per 60 feet, one coniferous tree per 40 feet, one understory tree per 50 feet and one hedge on boundary (hedge plants on 3-foot centers).
 
25 feet wide with one deciduous canopy tree per 60 feet, one coniferous canopy tree per 30 feet and one berm averaging 4 feet in height.
 
30 feet wide with one deciduous canopy tree per 60 feet, one coniferous canopy tree per 50 feet and one understory tree per 30 feet.
 
20 feet wide with one deciduous canopy tree per 40 feet, one coniferous tree per 30 feet, one understory tree per 40 feet and one coniferous shrub per 10 feet or one deciduous shrub per 5 feet.
 
10 feet wide with one deciduous canopy tree per 40 feet, one coniferous canopy tree per 40 feet, one understory tree per 30 feet, one shrub per 10 feet and 6-foot-high fencing on lot line.
 
      (2)   All shrubs shall be planted in groupings of shrubs or shrubs and understory trees. Shrubs may be coniferous or deciduous unless otherwise specified.
      (3)   Fencing shall be visually solid and constructed of weather resistant materials kept in good repair and permanently anchored in the ground.
   (F)   General requirements.
      (1)   All existing deciduous and coniferous trees larger than two inches in diameter, six inches above ground level, and/or six feet in height may be considered to contribute to the required buffering and screening. Where the amount of existing plant material of that size or greater equals or contributes to the required number of plants under the appropriate class, an equivalent reduction may be taken in the number and type of required plants. In all cases, existing plant material of the above diameter and height shall be preserved in any buffer yard, except where clearance is required to ensure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.
      (2)   The buffer yard may be coterminous with required front, side, or rear yards, and in case of conflict, the larger yard requirements shall apply.
      (3)   All buffering and screening areas shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass in conformance with existing regulations.
      (4)   No structure, manufacturing, or processing activity or storage of materials shall be permitted in the buffering and screening areas; however, parking of passenger automobiles shall be permitted in the portion of the buffering and screening area exclusive of the exterior 15 feet adjacent to the lot line.
      (5)   The buffering and screening areas shall be located on the outer perimeter of the lot, extending to the property line, except when there exists a utility easement, in which case the buffering and screening area shall be measured from the inner boundary of the utility easement. No buffer yard shall be located on any portion of an existing or dedicated public or private street right-of-way.
      (6)   Plant materials:
         (a)   By this chapter, canopy trees (deciduous or coniferous) shall be considered to be trees that when full-grown will attain a height of over 30 feet in height; understory trees shall be considered to be trees that when full-grown attain a height of between ten and 30 feet; shrubs shall be considered to be woody perennial plants that when full-grown attain a height of between three and 15 feet.
         (b)   Minimum size:
 
Canopy tree
Deciduous
11 – 1¾ 11 in diameter
Coniferous
6 – 8 feet in height
Understory tree
 
1½ 11 – 1¾ 11 in diameter
Shrub
Deciduous and coniferous
2 – 4 feet in height
 
         (c)   Plant materials shall be permanently maintained and any plant material which does not live shall be replaced within one year. All plant material shall be native to Minnesota or have been known to be able to survive and grow in the southeast Minnesota climate. All planting material shall meet the standards of the American Association of Nurserymen.
         (d)   It is encouraged that plant materials in buffering and screening areas be planted in natural clusters that will give privacy but will not block views or vistas. The exception shall be commercial or industrial uses bordering residential uses. Here a dense, visual screen is encouraged.
         (e)   Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffering and screening areas; the placement, species and size of all plant materials; and the placement, size, materials and type of all fences to be placed in such buffering and screening areas shall be reviewed by the Zoning Administrator to ascertain that the plans are in conformance with the terms of this chapter.
(Ord. 2023-02, passed 5-9-23)