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50 Source: UT-CTR. Figure 7-5. How cluster zoning could improve residential area adjacent to rail and highway. 2004. The handbook reviews various transportation modes areas. The buffer zone has no development on it and is often and freight activities and proposes site separation distances. planted with various types of vegetation. For freeways and high-traffic roads, the combination of Many cities have standardized their zoning for creating children's health studies and distance-related findings suggest a buffer between incompatible uses. For example, Portland, that it is important to avoid exposing children to elevated Oregon, uses buffer zone overlays between non-residential air pollution levels immediately downwind of freeway and and residential zones. This zoning can be used when the base high-traffic roadways. The handbook suggests a substantial zone standards do not provide adequate separation between benefit can be achieved by a 500-foot separation. For distribu- uses. The separation can include restricting motor vehicle tion centers, the handbook reports that taking into account the access and/or requiring increased setbacks and additional configuration of the distribution center can reduce pollution land scaping. In some instances, this separation also requires exposure, and recommends locating any new sensitive land proof of mitigation for uses that can cause off-site impacts uses away from the main entry and exit points to reduce cancer and nuisances. This is marked on official zoning maps with risk and other health impacts. Specifically, it is recommended the letter B. The zone is applied along the edge of the non- to avoid siting new sensitive land uses within 1,000 feet of a residential zone abutting or located across the street from a distribution center that accommodates more than 100 trucks residential zone. Within industrial zones, any classification a day or more than 40 trucks that have transportation refrigera- of street can be considered; in commercial zones, the street tion units. Similarly, for rail yards, the area of highest impact must be a local service traffic street. The setback required in was found within 1,000 feet of the yard. commercial zones is 10 feet, with landscaping required along Other recommended minimum setback standards compiled all lot lines that are across a local service street or abut the by the research team can be found in Table 7-2. rear-lot line for residential zoned land. In employment and industrial zoned areas, the setbacks are required to be 20 feet and landscaped along all lot lines within the overlay zone. Buffer Zones and Figures 7-6 and 7-7 show how this zoning should be applied Non-Access Easements in practice. Another method to minimize noise, vibration, and any In October 2007, Slinger, Wisconsin, adopted a new design environmental effects between freight and non-freight uses standard regarding the treatments around existing or planned in close proximity is the use of buffer zones within setback limited access highway and railroad rights-of-way for new

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51 Table 7-2. Recommended minimum setback standards for a municipality to consider in zoning around freight facilities and corridors (in feet).* Residential Mixed School, Commercial Industrial Use Hospital, Residential Day Care Facility** Primary freight corridor 250 200 250 100 15 Secondary lines (rail) 150 150 250 50 10 and major arterials (trucking) Passing spurs/small 100 100 150 50 10 branch lines (rail) Rail yard 150 150 150 50 - Intermodal facility 100 100 150 50 - Port facility 150 150 250 50 - Air Cargo facility*** 10,000 10,000 10,000 10,000 - Source: Christensen Associates, UT-CTR, Pett, and Grow & Bruening. Notes: * Setback standards should be amended depending on speed, weight, and type of cargo carried by freight components, as well as width of right-of-way (ROW) and the day night average sound level (DNL) 65 noise contour. This will also allow for changes to be made to zoning code if freight activities increase or diminish. ** The City and County of Denver zoning code for hospital districts does not allow railway right-of-way as a permitted use beside schools/hospitals. Researchers consider this to be too exclusionary for all jurisdictions and leave this up to individual municipalities/counties to address. *** Cities should check with individual airports to determine where any easements have been created, and any airport influence zones, and also should delineate out the 65 DNL contour and flight path approaches as they consider permitting any projects. This recommendation is based on distance to existing or planned runway approaches at a regional, commercial, or air-freight airport. Source: City of Portland. Figure 7-6. Buffer for commercial-zoned areas.

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52 Source: City of Portland. Figure 7-7. Buffer in employment and industrial zones. land division or condominium development adjacent to these The Long Lake, Minnesota, design code states that in a rights-of-way. The new standard included a non-access ease- subdivision abutting or containing an existing or planned ment and planting area of at least 50 feet in depth adjacent major arterial or railroad right-of-way to the highway or railroad right-of-way. The design standard required that the village zoning ordinance for minimum lot ... a street approximately parallel to, and on each side of such arterial and right-of-way, may be required for adequate protection depth should be increased by 50 feet to accommodate the of adjacent properties and separation of through and local traffic. non-access easement. Such service streets shall be located at a distance from the major arterial or railroad right-of-way suitable for appropriate use of This non-access easement and planting area shall be a part of the intervening land, as for park purposes in residential districts, all lots and shall have the following restriction lettered on the or for commercial and industrial purposes in appropriate districts. face of the plat or certified survey map: "This area is reserved Such distances also shall be determined with due regard for the for the planting of trees and shrubs. No access shall be permit- requirements of approach grades and future grade separations ted across this area. The building of structures, except public (City of Long Lake, Minnesota 2002). or private utility structures and fences, is prohibited hereon." (Village of Slinger, Wisconsin 2007). Within the design standards of its land division ordinance, Empire, Wisconsin, also restricts the design and placement Juneau, Alaska, has a similar easement restriction requiring of vehicular access and streets around railroad rights-of-way. a planting strip of at least 30 feet in addition to the usual lot When a proposed land division either contains or is adjacent depth when subdivision lots are located adjacent to a limited- to a railroad right-of-way, the design is required to provide access highway or railroad. Likewise, Wheaton, Illinois, the following treatments: requires that where For residential lots that back upon the right-of-way of an ... a subdivision borders on, or is traversed by, a railroad right-of-way or federal or state highway, the city council may existing or proposed railroad, a written restriction noting require a street on one or both sides of such right-of-way or that direct vehicular access to the right-of-way is prohibited highway approximately parallel to and at a distance removed Commercial and industrial districts are required to provide suitable for the appropriate use of the intervening land for a street on each side of the railroad that is approximately (1) Park purposes; or parallel to, and at a suitable distance from, the railroad for (2)Off-street parking, business, or other uses as permitted by the appropriate use of the land between the parallel street the zoning ordinances; or in lieu of a street it may require deep residential lots with a visual barrier established in a and the railroad, which is not less than 150 feet. nonaccess reservation strip along the rear property lines Parallel streets to the railroad right-of-way, which intersect (City of Wheaton, Illinois 2001). a major street, highway, or collector street crossing the