2007-19
BILL NO. 2007 -19
AMENDMENT TO RICHFIELD CITY CODE
ADOPTION OF NEW SECTIONS 507,509,512,514,518,522,
525,527, 529, 532,534, 537, 539, 542, 544, and 547;
REPEAL OF SECTIONS 506, 511, 516, 521, 524, 526, 530, 5.31,
536, 538, 541, and 546; AND
AMENDMENT TO SUBSECTION 1305.27 OF THE CITY CODE RELATED
TO PARKING IN RESIDENTIAL DISTRICTS
THE CITY OF RICHFIELD DOES ORDAIN:
Sec. 2
The Richfield Zoning Code is amended by adding new Sections 507, 509,
512,514,518,522,525,527,529,532,534,537,539,542, 544, and 547 as
set forth in the attached Exhibit A. .
Richfield Zoning Code Sections 506,5.11,516,521,524,526,530,531,
536, 538, 541, and 546 are hereby repealed upon the effective date of this
Ordinance.
Section 1
Sec. 3
Subsection 1305.27 of the Richfield City Code is amended by adding a new
Subdivision 6 as follows, and by now renumbering all following Subdivisions
accordingly.
a) Number of vehicles. The total number of vehicles shall be limited
to four per Unit. No more than one vehicle of this total shall be a
recreational vehicle as defined by Section 1325 of the City Code;
c) City-declared snow emerqency. Vehicle limitations shall be
temporarily suspended for the duration of City-declared snow
emerqencles.
Sec. 4
This Ordinance is effective in accordance with Section 3.09 of the Richfield
City Charter. .
Passed by the City Council of the City of RichM Minnesota this 13th a of
November, 2007. M,JlJ. .
Debbie Goettel, Mayor
ATTEST:
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
Richfield Sun-Current
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(8) The printed public notice that is attached
was published in the newspaper once
each week, for _i>ne_ successive
week(s); it was first published on Thurs-
day, the ----2L day of November ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
,2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hijkl mnopq rstuvwxyz
~
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
November ,2007.
.
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2007-19
AN ORDINANCE RELATING TO ZONING;
ESTABLISHING NEW REGULATIONS FOR
DEVELOPMENT IN RESIDENTIAL, COMMERICAL,
INDUSTRIAL AND MIXED-USE ZONING DISTRICTS;
AMENDING THE RICHFIELD ZONING CODE BY
CREATING NEW SECTIONS 507, 509, 512, 514, 518,
522,525,527,529,532,534,537,539,542,544 AND
547; AMENDING SUBSECTION 1305.27 OFTHE
RICHFIELD CITY CODE RELATEDTO PARKING IN
RESIDENTIAL DISTRICTS
This summary of the ordinance is published pursuant
to Section 3.12 of the Richfield City Charter.
The ordinance does not change the zoning designa-
tion of any property. The ordinance updates antiquated
language and confusing terminology used throughout the
zoning code and addresses changes in State law. It also
establishes new performance and building standards that
will apply to new buildings, additions and when a change
of use occurs. These performance and building standards
include but are not limited to: limitations on the size and
location of home businesses, the size and height of
garages, impervious surface limitations, the reduction of
commercial setbacks when not located adjacent to resi-
dential uses, enhanced buffer yard requirements, com-
mercial building design, the addition of tree protection
standards, and some adjustments to parking and parking
lot requirements. It also establishes limitations on the
number of cars that can be parked on a residential drive-
way. This limitation will effect existing and new resi-
dences. The ordinance also revises administrative re-
quirements related to zoning permits and the process nec-
essary to apply for such permits. These revisions include
only requiring one public hearing before the Planning
Commission for some applications, rather than a public
hearing before both the Planning Commission and the
City Council.
Copies of the ordinance are available for public in-
spection in the City Clerk's office during normal business
hours or upon request by calling the Department of Com-
munity Development at (612) 861-9760.
Isl
Nancy Gibbs, City Clerk
( Nov. 22,2007) d2-bill 2007-19
Richfield City Code (Zoning) 507.01
Purpose and Definitions
SECTION 507 -ZONING: PURPOSE AND DEFINITIONS
(ADDED, BILL No. 2007-19)
507.01. Title. Sections 507 to 551 contain the zoning code (or zoning ordinance) of the
City of Richfield. In Sections 507 to 551, the zoning code is referred to as "this code".
The city code of ordinances is referred to as "the city code".
507.03. Puruose. The purpose of the zoning code is to protect and promote the public
health, safety, comfort, aesthetics, economic viability, and general welfare of the city,
and specifically to achieve the following objectives:
a) To assist in the implementation of the city's comprehensive plan;
b) To foster a harmonious and workable relationship among land uses;
c) To promote the stability of existing land uses which conform to the
comprehensive plan, and to protect them from inharmonious influences
and harmful intrusions;
d) To promote the city's great interest in protecting and preserving the
quality of its neighborhoods and commercial districts, as well as the
quality of urban life, by regulating uses that have adverse impacts or
negative secondary effects on the quality of neighborhoods, commercial
districts, or the quality of urban life;
e) To ensure that public and private lands ultimately are used for the
purposes which are most appropriate and most beneficial from the
standpoint of the city as a whole;
f) To foster the provision of adequate light, air, space, bulk, and density;
g) To promote a safe and effective traffic circulation system;
h) To protect and enhance real property values; and
i) To safeguard and enhance the physical appearance of the city.
507.05. Rules of construction. In the construction of this code, the following rules
shall be observed and applied, except where the context clearly indicates otherwise:
a) The present tense shall include the past and future tenses;
b) Words in the singular shall include the plural, and the plural shall
include the singular;
c) The word "shall" is mandatory, and the word "may" is permissive;
Richfield City Code (Zoning)
Purpose and Definitions
507.05, (d)
d) The phrase "used for" shall include the phrases "designed for," "intended for,"
"improved for," "maintained for," "offered for," and "occupied for";
e) The phrase "residential parcel" shall mean any residentially zoned or
used property, including planned unit development districts which
contain residential dwelling units; and
f) If a conflict arises between the graphic illustrations presented in this
code and the text of this code, the text shall prevail.
507.07. Definitions. Subdivision 1. For the purpose of this code, the following words
and terms shall have the meanings stated:
Subd. 2. "Abutting" - Having a common border with, or being separated from such
common border by an alley.
Subd. 3. "Alley" - A public or private way permanently reserved as a secondary
means of access to abutting property.
Subd. 4. "Antenna" -Any exterior apparatus designed for telephonic, radio, data,
Internet or other communications through the sending and/or receiving of radio
frequency signals including, but not limited to, equipment attached to a support
structure, pole, light standard, building or other structure for the purpose of
providing personal wireless services and its attendant base station. For purposes of
this Section, "antenna" does not include "dish antenna".
Subd. 5. "Apartment" - Aself-contained dwelling unit with access via an internal
hallway situated with similar units in a larger building that is not a condominium.
Subd. 6. "Arterial street" -The following are classified as arterial streets in
Richfield: State Highway 62; I-35W; I-494; Minnesota Trunk Highway 77; 66th
Street; 76th Street between Girard and Xerxes Avenues; Penn Avenue; Lyndale
Avenue; Nicollet Avenue; Portland Avenue; Cedar Avenue between 66th and 77th
Streets; 77th Street between I-35W and Trunk Highway 77, and Xerxes Avenue
between 62nd and 66th Streets.
Subd. 7. "Auto body repair shop" - A business engaged in automobile refinishing,
including paint and body work.
Subd. 8. "Auto detailing business" - A business engaged in automobile painting,
customization and cosmetic enhancement.
Subd. 9. "Auto mechanical shop" - A business engaged in automobile servicing,
maintenance, or mechanical repair, including both minor work and major engine
overhauling.
Subd. 10. "Bed and breakfast inn" - An owner-occupied dwelling unit containing no
more than two guest rooms where lodging with or without meals is provided for
compensation.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 11
Subd. 11. "Buffer" -The use of distance, fences, berms and/or plantings to provide
visual separation of one property from another. (Figure 1)
~ Fence
Benn ~ n
Figure 1
Subd. 12. "Building, accessory" - A subordinate structure detached from but located
on the same lot as the principal building, the use of which is clearly associated with
and incidental to the use of the principal building.
Subd. 13. "Building, principal" - A building in which is conducted the primary use
of the lot upon which it is situated.
Subd. 14. "Building line, front" -Aline extending out from the corner of the front
of the building (the building face abutting the front yard) to intersect the side lot line
(most often forming a 90-degree angle). Side and rear building lines are similarly
defined as lines extending out from the corner of the side or rear of the building (the
building face abutting the side or rear yard respectively) to intersect the front and
rear or side lot lines, respectively.
Subd. 15. "Car wash" - A principal building used for the washing of motor vehicles.
Subd. 16. "Car wash, accessory" - An accessory building or accessory portion of a
principal building containing facilities for the washing of no more than one motor
vehicle at a time, and which is accessory to a service station or service
station convenience store.
Subd. 17. "Carport" - A roofed automobile shelter open on at least two sides,
usually formed by extension of the roof from the side of a building.
Subd. 18. "Cemetery" -Land or structures used for burial or cremation of the dead
(humans or animals), and related accessory uses.
Subd. 19. "City" -The City of Richfield.
Subd. 20. "Cluster home development" - A development of three or more detached
single-family dwellings or a row, group or cluster of attached single-family
dwellings on a single parcel. (Amended, Bill No. 1996-22)
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 21
Subd. 21. "Collector street" -The following are classified as collector streets in
Richfield: 69th Street between Xerxes and Penn Avenues; 65th Street between
Nicollet Avenue and Rae Drive; Rae Drive between 65th and 66th Streets; 70th
Street between Lyndale Avenue and Diagonal Boulevard; 73rd Street between
Lyndale Avenue and Diagonal Boulevard; Diagonal Boulevard; 76th Street between
Girard and Cedar Avenues; 12th Avenue between 66th Street and I-494; and
Bloomington Avenue between 62nd and 66th Streets.
Subd. 22. "Community-based residential care facility" - A facility which is similar
to a licensed residential care facility, but is exempt from licensing requirements. The
term includes facilities that provide supportive living in agreement with Hennepin
County, and facilities that provide training, rehabilitation, or other support services.
Subd. 23. "Commercial use antenna or tower" - An antenna or tower erected for a
personal wireless telecommunication service or for any other purpose other than for
the private use and enjoyment of the owner of the tower or antenna and the premises
upon which it is located, including amateur radio antennas and antennas receiving
television signals for personal use.
Subd. 24. "Condominium" - An individually owned unit of real estate, especially an
apartment, town house or office, in a building or on land that is owned in common by
the owners of the units.
Subd. 25. "Convenience store" - A small store near a residential area that stocks
food and general goods and is open all or most of the day and night.
Subd. 26. "Convenience food restaurant" - A commercial establishment that serves
food in or on disposable or edible containers in individual servings for consumption
on or off the premises.
Subd. 27. "Coffee shop" - A commercial establishment that primarily sells brewed
coffee on a retail basis.
Subd. 28. "Council" -The City Council of the City of Richfield.
Subd. 29. "Day care" - The care of a child in a residence outside the child's own
home for gain or otherwise, on a regular basis, for any part of a 24 hour day,
including but not limited to the furnishing of shelter, sustenance, supervision,
education or other supportive services but not including drug or alcohol
rehabilitation services.
Subd. 30. "Day care, group family" - Day care that includes the children of the
caregiver.
Subd. 31. "Director" -The Director of Community Development, unless
specifically indicated otherwise.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 32
Subd. 32. "Dish antenna" - A parabolic shaped antenna (including all supporting
apparatus) which is used for transmitting or receiving telecommunication, television
or radio signals, which is located on the exterior of, or outside of, any building or
structure.
Subd. 33. "Driveway" - An area designed to provide ingress and egress for motor
vehicles from the street to a garage or other authorized off-street parking area; the
term does not include (i) anon-contiguous area exclusively set aside or used for the
parking and storage of recreational vehicles and equipment, or (ii) parking lots.
Subd. 34. "Dwelling" -Any building or portion thereof used exclusively for
residential occupancy, including single-family, two-family, and multi-family
dwellings, but not including nursing homes, rest homes, or hotels.
Subd. 35. "Dwelling, attached" - A dwelling that is joined to another dwelling at
one or more sides by a party wall or walls.
Subd. 36. "Dwelling, detached" - A single dwelling which is not attached to
another.
Subd. 37. "Dwelling, multi-family" - A residential building or portion thereof used
for occupancy by three or more families living independently of each other.
Subd. 38. "Dwelling, single-family" - A residential building used for occupancy by
one family.
Subd. 39. "Dwelling, townhouse" - A building used for occupancy by three or more
families living independently of each other. Each dwelling unit is attached
horizontally in a linear arrangement with private front and rear entrances at ground
level and has a totally exposed front and rear wall to be used for entry, light, and
ventilation. Dwelling units may be individually owned and an association fee may
be paid for maintenance of yard and common areas.
Subd. 40. "Dwelling, twin home" - A residential building containing two dwelling
units which are completely separate in every way except that they share a common
wall (with no openings) which separate the units and act as the dividing lot line,
where each unit is situated on its own parcel of land.
Subd. 41. "Dwelling, two-family" - A residential building used for occupancy by
two families living independently of each other, where both units are situated on the
same parcel of land.
Subd. 42. "Dwelling unit" -Residential accommodation including kitchen facilities,
permanently installed, which are used for living quarters by one family.
Subd. 43. "Easement" -The right of a person, governmental agency, or public
utility to use public or private land owned by another for a specific purpose.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 44
Subd. 44. "Emergency shelter" - A facility operated by anon-profit, charitable, or
religious organization which provides temporary housing for one or more persons
who are otherwise homeless.
Subd. 45. "Family" - A person living alone or any of the following groups,
provided that the members of the group live together as a single housekeeping unit
and do not exceed the maximum occupancy limits under chapter 4 of the city code:
(i) An individual plus one (1) or more persons related by blood, marriage,
adoption, guardianship or other duly-authorized custodial relationship,
including foster children and bona fide domestic servants employed on a
full-time basis by the family in the dwelling unit; or
(ii) Two unrelated people and any children related to either of them; or
(iii) One or more persons occupying a premises, subject to a limit of not more
than three (3) unrelated persons eighteen (18) years of age or older.
The definition of family is established for the purpose of preserving the character of
residential neighborhoods by controlling population density, noise, disturbance and
traffic congestion and shall not be applied so as to prevent the city from making
reasonable accommodation where the city determines it necessary under applicable
federal fair housing laws.
Subd. 46. "Firearms-Related Uses" -uses operated by a private person or entity that
involve the discharge of a firearm, including but not limited to shooting galleries,
firing ranges, and fire-arms safety training centers. (Added, Bill No. 2004-5)
Subd. 47. "Floor area, gross" -The sum total of the gross horizontal area of the
several floors of a building or buildings, as measured from the exterior faces of
exterior walls or from the centerline of party walls separating two buildings. Gross
floor area (GFA) shall include halls, lobbies, elevator shafts and stairways at each
floor, enclosed porches, enclosed balconies and enclosed mezzanines, below grade
floor areas used for habitation, and floor space used for mechanical equipment where
the structural headroom exceeds seven and one-half feet, except equipment, open or
enclosed located on the roof, i.e., bulkheads, water tanks, and cooling towers. Gross
floor area does not include open terraces, open patios, open atriums, open balconies,
carports, private garages, parking structures, breeze-ways, tool sheds, special
purpose areas for common use of occupants such as recreation rooms, social halls,
staff space for
therapy or
examination in in- '
care housing,
basement space
used only for
storage purposes,
and attics not
used for human
habitation.
(Figure 2)
I 40 X 60 = 2,000
i 40' x 3 stories = 6,000 sq. ft,
G.FA.
3 60'
stories
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0
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0o a
Figure 2
Richfield City Code (Zoning)
Purpose and Definitions
Section 507.07, Subd. 48
Subd. 48. "Floor area ratio (FAR)" -The gross floor area of all buildings on a lot
divided by the lot area. (Figure 3)
Subd. 49. "Garage"- An
accessory building or accessory
portion of the principal building
for the private use of the owner or
occupant of the principal building,
primarily for the storage of motor
vehicles, with no facilities for
mechanical service or repair of a
commercial or public nature. The
garage shall have a concrete floor
and an access door of sufficient
size to accommodate a motor
vehicle.
(Amended, Bill No. 1999-3)
Subd 50 "Gazebo" - A detached
~----- -------I
' lot line / _ '
I I
I I
I ~ <- 40'-~ I
~ 50' . 3 s'~0ry
I au~~d~r9 I
I ~
I I
I ~
I
~ 12,000 Sq. Ft. Lot ~
Gross floor area [6,000] =FAR [.5]
Lot area [12,000]
accessory building that is used for Figure 3
the social or recreational shelter of people and is not used as living quarters.
Subd. 51. "Group housing development" - A development located on a single lot
that consists of two or more buildings, each of which contains three or more
dwelling units.
Subd. 52. "Greenhouse" - A glass or transparent plastic structure, often on a metal or
wooden frame, in which plants that need heat, light, and protection from the
elements are grown.
Subd. 53. "Height of
building" -The vertical
distance to the highest
point of the roof for flat
roofs; to the deck line for
mansard roofs; and to the
average height between
eaves and the ridge for
gable, hip and gambrel
roofs, as measured from
the average elevation of
the lot adjoining the front
building line. (Figure 4)
GABLE
HIP
FLAT MANSARD GAMBREL
deck line ridge - - -
eave
storyT Height Height Height
1 basement
Figure 4
Subd. 54. "Hotel or Motel" - A facility containing six or more guest rooms where
lodging is offered for compensation and which may provide supportive services such
as restaurants, meeting rooms, and recreational facilities.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. SS
Subd. 55. "Home occupation" -Any gainful occupation or profession compensated
in monetary payment or in kind, engaged in within a dwelling unit on the premises
by an occupant of the dwelling unit as a use that is clearly incidental to the principal
use of the dwelling unit for residential purposes that does not change the residential
character of the lot, the structures thereon or affect the character of the
neighborhood.
Subd. 56. "Housing with services establishment" - An establishment providing
sleeping accommodations to one or more adult residents, at least 80 percent of which
are SS years of age or older, and providing for a fee one or more regularly scheduled
health-related services or two or more regularly scheduled supportive services,
whether offered or provided directly by the establishment or by another entity
arranged for by the establishment.
This does not include a nursing home licensed under M.S. Chapter 144A; a hospital,
certified boarding care home, or supervised living facility licensed under M.S.
Chapter 144.50 to 144.56; a board and lodging establishment licensed under 1VI.S.
157; a family adult foster care home licensed by the Department of Human Services;
private homes in which the residents are related by kinship, law, or affinity with the
providers of services; residential settings for persons with mental retardation or
related conditions in which the services are licensed under Minnesota Rules, parts
9S2S.2100 to 9S2S.2140; ahome-sharing arrangement such as when an elderly or
disabled person or single-parent family makes lodging in a private residence
available to another person in exchange for services or rent; or services for persons
with developmental disabilities that are provided under a license according to
Minnesota Rules, parts 9S2S.2000 to 9525.2140.
Subd. 57. "Impervious surface" - A
surface that has been compacted or covered
with a layer of material so that it is highly
resistant to infiltration by water. It
includes surfaces such as compacted sand,
limerock, or clay, as well as most
conventionally surfaced streets, roofs,
sidewalks, parking lots, and other similar
structures. (Figure S)
Subd. 58. "Junk yard" -Land or building
where waste material, or inoperative
vehicles or other machinery are collected,
stored, salvaged, dismantled, wrecked, or Figure 5
sold, other than the storage of materials
which is incidental to a business or industrial use on the same lot if approved by the
city.
Subd. 59. "Landscaping" -Decorative or protective vegetation planted by humans
according to a design, including site grading and retaining walls.
Richfield City Code (Zoning)
Purpose and Defmitions
507.07, Subd. 60
Subd. 60. "Light manufacturing" - A use engaged in the manufacturing of finished
products or parts, predominantly from previously prepared materials.
Subd. 61. "Live -work units" - A personal residence that is specifically designed
and located to allow accessory business use by the occupants of the residence. This
may include office and service uses and retail sales of products produced on-site (art,
crafts, etc.).
Subd. 62. "Lot area" -The total horizontal area bounded by the front, side, and rear
lot lines. With respect to planned unit developments only, lot area includes the site
plus one-half of the area of abutting streets and alleys.
Subd. 63. "Lot, corner" - A lot abutting
and at the intersection of two or more
streets. (Figure 6)
Subd. 64. "Lot coverage" -The total
ground area covered by buildings on a lot,
excluding uncovered swimming pools,
uncovered porches, or uncovered ground
level landings.
Subd. 65. "Lot depth" -The average
horizontal distance between the front and
rear lot lines. (Figure 7)
l I I I I ~
Street
. a
Key lot Key lot ~
loft Ilne lot lined
a d
~
a
Through lot
Interior lot Interior lot
Figure 6
Subd. 66. "Lot, interior" - A lot other than a corner lot. (Figure 6)
Subd. 67. "Lot, key" -The first lot to the rear of a corner lot, the front lot line of
which is substantially a continuation of the street side lot line of the corner lot,
regardless of the presence of any alley or easement. (Figure 6)
Subd. 68. "Lot, through" - An interior lot abutting on two or more streets. (Figure
6).
Subd. 69. "Lot line" -Aline which divides one lot from another or from a street or
alley.
~ ~ ~ m
o
e.5 d
k.5 o
E ~ d '~ ° E
~ ~ ~
Subd. 70. "Lot line, front" - On an interior lot, the lot line abutting a street; or, on a
corner lot, the shorter lot line abutting a street (or as otherwise designated by the
Building Official); or, on a through lot, the lot lines abutting the streets. (Figure 7)
Richfield City Code (Zoning)
Purpose and Definitions
Subd. 71. "Lot line, rear" -The lot line which is
most distant from and parallel, or approximately
parallel to the front lot line. Where the rear lot line
is less than ten feet in length, or where the lot
forms a point at the rear, the rear lot line shall be
deemed to be a line ten feet long lying within the
lot, connecting the side lot lines and parallel or
approximately parallel to the front lot line. (Figure
7)
Subd. 72. "Lot line, side" -Any lot line that is not
a front or rear lot line. An "interior" side lot line is
aside lot line which abuts another lot or an alley.
A street or corner side lot line is a side lot line that
abuts a public street. (Figure 7)
507.07, Subd. 71
Rear Lot Line
,._._._._.~ ._._._.._i
Lot Depth
~~ Side Lot Lines
t ;
Lot Width i Front
_ _ ~iLot Line
(fronfage) . _ _. _ i. _. _
Street Righf-of==Way
Figure 7
Subd. 73. "Lot of record" - A lot whose existence,
location, and dimensions have been legally recorded or registered in a deed or on a
plat.
Subd. 74. "Lot width" -The horizontal distance between the two side lot lines, as
measured at the front lot line. (Figure 7)
Subd. 75. "Manufactured home" - A dwelling structure that is transportable in one
or more sections and is built on a permanent chassis.
Subd. 76. "Motel" - (See Hotel or Motel)
Subd. 77. "Nonconforming building" -Any building that does not meet the
requirements on building size, height, or location on a lot for the district in which
such building is located, but which complied with applicable requirements at the
time it was established.
Subd. 78. "Nonconforming use" - A use of land that does not comply with the use
regulations for its district, but which complied with the use regulations at the time
the use was established.
Subd. 79. "Office" - A place of employment providing professional, administrative,
educational, business or governmental services other than production, distribution,
sale or repair of goods or commodities.
Subd. 80. "Open space, Outdoor" -Lawns and other natural areas and open
courtyards. Open space does not include driveways, parking areas or sidewalks.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 81
Subd. 81. "Open space, Usable" -Specifically designated open space that is easily
accessible and intended to serve residents and/or employees as well as visitors. This
encompasses various types of open space for passive enjoyment as well as active use
and includes accessible green areas and hard-surfaced urban plazas, linear
pedestrian-oriented greenways, major pedestrian areas, pocket parks and outdoor
recreation areas. Usable open space does not include driveways, parking areas or
required landscape setback areas, unless these are specifically designed for public or
customer access and use.
Subd. 82. "Overlay or design district" - An additional layer of zoning requirements
that are placed on a geographic area but that do not change the underlying district.
Subd. 83. "Parking lot (area)" - An authorized area not within a building where
motor vehicles are stored for the purpose of temporary, daily, or overnight ofF street
parking.
Subd. 84. "Parking structure" - A structure or portion thereof composed of one or
more levels or floors used exclusively for the parking or storage of motor vehicles.
A parking structure may be totally below grade (as in an underground parking
garage) or either partially or totally above grade with those levels being either open
or enclosed.
Subd. 85. "Pawn business" - A commercial enterprise that loans money on the
security of personal property, which may be sold to repay the loan.
Subd. 86. "Personal wireless telecommunication service" - Licensed commercial
wireless services including cellular, personal communication services (PCS),
specialized mobile radio (SMR), enhanced mobilized radio (ESMR), paging, and
similar services that are marketed to the general public.
Subd. 87. "Pocket park" - A small park most often serving the immediate
surrounding area.
Subd. 88. "Porches" - A sheltered entryway attached to a building and projecting
from its main mass; may be open-sided or partially enclosed. (Added, Bill No.
1998-12)
Subd. 89. "Public; utility" -Persons, corporation, or governments supplying gas,
electric, transportation, water, sewer, or telecommunication service to the general
public. Personal wireless telecommunication service facilities shall not be considered
as public utilities.
Subd. 90. "Public utilities, major" -Public utility buildings with mere than 500
square feet of gross floor area; electric sub-stations; or high voltage transmission
lines.
Subd. 91. "Public utilities, minor" -Public utility buildings with 500 square feet or
less of gross floor area; transformer boxes or similar utility features; or low voltage
transmission lines.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 92
Subd. 92. "Residential care facility, licensed" - Any group home, family foster
home or other publicly supported out-of--home residential facility. Any place,
building or institution offering some element of congregate care or service in which
an individual lives or dwells on a regular basis and at least uses for sleeping; for
maintaining personal clothing, papers, and other personal possessions; and as the
designated mailing address.
This does not include a nursing home licensed under M.S. Chapter 144A; a hospital,
certified boarding care home, or supervised living facility licensed under M.S.
Chapter 144.50 to 144.56; a board and lodging establishment licensed under M.S.
157; a family adult foster care home licensed by the Department of Human Services;
private homes in which the residents are related by kinship, law, or affinity with the
providers of services; residential settings for persons with mental retardation or
related conditions in which the services are licensed under Minnesota Rules, parts
9525.2100 to 9525.2140; ahome-sharing arrangement.such as when an elderly or
disabled person or single-parent family makes lodging in a private residence
available to another person in exchange for services or rent; or services for persons
with developmental disabilities that are provided under a license according to
Minnesota Rules, parts 9525.2000 to 9525.2140.
Subd. 93. "Restaurant -Class I" -Full Service Restaurant: restaurants where food
and intoxicating beverages are served and consumed by customers while seated at a
counter or table, and which may provide entertainment, either live or prerecorded.
Subd. 94. "Restaurant -Class II" -Traditional Restaurant:. restaurants where food
and non-intoxicating beverages are served and consumed while seated at a counter or
table; Cafeteria Restaurant: restaurants where food and non-intoxicating beverages
are selected by customers while passing through a service line and taken to a table
for consumption.
Subd. 95. "Restaurant -Class III" -Fast Food or Convenience Restaurant:
restaurants where most customers order and are served their food at a counter or in a
motor vehicle in packages prepared to leave the premises, or able to be taken to a
table or counter to be consumed; Drive-in Restaurant: restaurants where most
customers consume their food on-site in a motor vehicle regardless of how it is
served.
Subd. 96. "Restaurant -Class IV" -Take Out Only Restaurant: Establishments
where food is usually ordered by telephone and prepared on the premises for
consumption off the premises, with no seating or other area provided on the premises
for consumption. The establishment may deliver food to the customer, or the
customer may pick food up.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 97
Subd. 97. "Retail Services, General" -General retail services are single use or
multi-use commercial establishments that are reliant on a more localized market area
for patronage and typically have less than 50,000 square feet of combined square
footage but may have upwards of 100,000 square feet. General retail services
include professional services such as barber shops, salons, real estate, finance
(including banking) and insurance offices, general merchandise stores, hardware
stores, small grocery stores, convenience stores, drug stores, coffee shops, gift or
book shops, appliance and electronic repair shops, video stores, municipal liquor
stores, business services (walk-in printing, copying), restaurants, contractors or home
repair services, veterinary clinic without boarding, etc.
Subd. 98. "Retail Services, Neighborhood" -Neighborhood retail services are
similar in use characteristics to general retail services; however, neighborhood
services have a focus on convenience services that rely mostly on the immediate
neighborhood for patronage. Their size is typically small, less than 10,000 square
feet of contiguous space. Neighborhood services include convenience stores, coffee
shops, cafeslrestaurants, barber shops, salons, etc.
Subd. 99. "Retail Services, Regional" -Regional retail services are single use or
multi-use commercial establishments that draw upon a broad geographic area for
their primary market area. Regional commercial retail services include retail uses
typically with greater than 50,000 square feet of combined retail square footage
either in one single building or attached in a shopping center/mall-like structure.
Regional retail services may include some general retailers that are ancillary to the
primary use of the site. Examples of regional retail services include: specialty big
box stores, discount retailers, shopping centers, restaurants, larger grocery stores,
etc.
Subd. 100. "Retail business" - A commercial enterprise that sells good from an
ordinary store or at the regular customer price and in small amounts rather than in
bulk. '
Subd. 101. "Satellite dish antenna" - A parabolic antenna that receives signals from
satellite transmitters, usually on a commercial basis.
Subd. 102. "Screening" - Obscuring a view in whole or part.
Subd. 103. "Service business" - A commercial enterprise such as banking, dry
cleaning or insurance that does something useful for people but does not
manufacture any goods.
Subd. 104. "Service station" - A business where gasoline and other petroleum
products are sold on a retail basis as the principal use of the property. Light
maintenance activities such as engine tune-ups, lubrication, and minor repairs inay
also be provided if incidental to such principal use. Service stations do not include
premises where retail sales space exceeds 25 percent of the total building area or 500
square feet of gross floor area, whichever is less. Service stations do not include
premises where automobile painting and body work are conducted.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 105
Subd. 105. "Service stationlconvenience store" - An establishment where gasoline
and other petroleum products are sold, and where the retail sales space exceeds 25
percent of the total building area or 500 square feet of gross floor area. Service
station convenience stores do not include premises where automobile painting and
body work are conducted.
Subd. 106. "Setback" -The minimum horizontal distance required between a
building, structure, parking lot or other site improvement and the related front, side
or rear lot lines.
Subd. 107. "Shopping center" - A group of retail or service businesses on a single
site with shared parking.
Subd. 108. "Sign" - A display used to announce, declare, advertise and attract the
attention of the public. The term includes the sign face, sign structure and footings.
Subd. 109. "Single housekeeping unit" - A group of persons maintaining a common
household, sharing kitchen facilities, utilities and other household related expenses.
In determining whether a group of persons maintains a common household, the
following criteria must be used:
(i) The occupants must share the entire dwelling unit. A unit in which the
various occupants act as separate roomers is not a single housekeeping unit.
(ii) Other factors reasonably related to whether a group of persons is the
functional equivalent of a family, including, but not limited to:
(a) presence of minor children regularly residing in the household;
(b) proof of sharing of expenses for food, rent or ownership costs, utilities
and other household expenses and sharing in the preparation, storage and
consumption of food;
(c) whether members of the household have the same address for purposes
of voter registration, drivers' licenses, motor vehicle registrations,
summer or other residences and the filing of tax returns;
(d) common ownership of furniture and appliances among the members of
the group;
(e) proof that the group has been living together as a unit for a year or more,
whether in the current dwelling unit or other dwelling units.
Subd. 110. "Site" - A lot or group of adjacent lots intended, designated or approved
to function as an integrated unit, that is proposed for development in accord with the
provisions of this code and is in a single ownership or has multiple owners.
Subd. 111. "Stall depth" -The depth of a parking stall as measured perpendicular to
the aisle.
Subd. 112. "Stall length" - A longitudinal dimension of a parking stall.
Subd. 113. "Stall width" -The width of a parking stall as measured perpendicular
to the vehicle.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 114
Subd. 114. "Story" -That portion of a building included between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then
the space between such floor and the ceiling above it.
Subd. 115. "Story, half' -That portion of a building under a gable, hip or gambrel
roof the wall plates of which, on at least two opposite exterior walls, are not more
than two feet above the floor of such story.
Subd. 116. "Street level active use building frontage" -The space of a building that
fronts a primary street and contains a use that provides for a significant level of
pedestrian activity from early morning to late evening hours on weekdays and
evenings. Such uses could include retail, service commercial, restaurants, coffee
shops, libraries, post offices, common space or lobbies, and conference rooms or
party rooms of office or high-density residential developments.
Subd. 117. "Structure" -Anything erected, the use of which requires more or less
permanent location on the ground or attachment to something having permanent
location on the ground.
Subd. 118. "Structural alteration" -Any change, other than incidental repairs, in the
supporting members of a building such as bearing walls, columns, beams, girders, or
foundation.
Subd. 119. "Telecommunications tower" -The base structure supporting an
antenna that sends or receives electronic communication signals.
Subd. 120. "Theater" - A building or room for showing motion pictures or
performing plays.
Subd. 121.. "Tower" -Any ground or roof mounted pole, spire, structure, or
combination thereof taller than 15 feet, including supporting lines, cables, wires,
braces, and masts, intended primarily for the purpose of mounting an antenna,
meteorological device, or similar apparatus above grade.
Subd. 122. "Transitional activity" -The extension or expansion of a nonconforming
industrial land use in the C-2 zoning district.
Subd. 123. "Use, accessory" - A use associated with, incidental to, and on the same
lot as, a principal use.
Subd. 124. "Use, conditional" -Aland use that is not normally allowed in a
particular zoning district but which may be allowed by the City Council under
certain conditions.
Subd. 125. "Use, permitted" - A principal use Which may be lawfully established in
a particular district, provided it conforms with all the requirements, regulations and
performance standards of such district.
Subd. 126. "Use, interim" - A use-that is presently acceptable but that, with
anticipated development, will not be acceptable in the future.
Richfield City Code (Zoning)
Purpose and Definitions
507.07, Subd. 127
Subd. 127. "Use, principal" -The primary purpose for which land or premises or a
building thereon is designed, arranged or intended or for which it is or may be
occupied or maintained.
Subd. 128. "Use, prohibited" - A use which shall not be established or conducted
within a particular district.
Subd. 129. "Variance" - A relaxation from certain dimensional requirements of this
code.
Subd. 130. "Wetland" - An area that is inundated or saturated by ground or surface
water at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions. A wetland is defined by
presence of (a) hydric soils, (b) surface or subsurface hydrology and (c) hydrophytic
vegetation (Minnesota Rules, part 8420.0110, subpart 52). Wetlands are delineated
using procedures in the 1987 U.S. Army Corps of Engineers Wetland Delineation
Manual.
Subd. 131. "Wholesale business" - A business that buys and sells goods in quantity
directly from manufacturers and sells to retail businesses.
Subd. 132. "Yard" - A required open space
located on the same lot with a building,
unoccupied and unobstructed from the
ground up, except for landscaping or other
uses as provided by this code. The minimum
depth or width of a yard shall consist of the
horizontal distance between the lot line and
the nearest wall of the principal building.
Subd. 133. "Yard, front" - An open space on
the same lot with the building extending
across the entire width of the lot and situated
between the front lot line and the nearest line
of the principal building, as projected to the
side lot line(s). (Figure 8)
Rear Lot Line
~._.,~ .-•- - -•-•1
~ i
i ~ ; Side
Rear Yard ! Lot Line
Side ; ,
Lot Line i
i
-------- - -- - ----- -----i
$Ide ~ Bu(Imng Roof ; Side
-~ R.!
Yard ~.-----~----fi------------ --------~-----~ Yard
~ i
Front Yard !
~ ~. _
_ ~ i
• ~-Front Lot Line
Figure 8
Subd. 134. "Yard, rear" - A yard extending across the entire width of the lot and
situated between the rear lot line and the nearest line of the principal building, as
projected to the side lot line(s). (Figure 8)
Subd. 135. "Yard, side" - A yard lying between the side lot line and the nearest line
of the building extending between the front yard and the rear yard, or in the absence
of either such front or rear yard, to the front or rear lot lines. (Figure 8)
Subd. 136. "Zoning district" - An area or areas of the city for which the regulations
under this code governing use, land, or structure are uniform.
(Amended, Bill No. 1996-22; Bill No. 1998-12; Bill No. 2004-4)
Richfield City Code (Zoning) 509.01
General Provisions
SECTION 509 -ZONING: GENERAL PROVISIONS
(AnnEn, BILL No. 2007-19)
509.01. Interpretation and application. Subdivision 1. Requirements declared
minimum. In their interpretation and application, the provisions of this code shall be held
to be the minimum requirements for the protection and promotion of public health,
safety, comfort, aesthetics, economic viability, and general welfare.
Subd. 2. More restrictive provision to apply. Where the regulations imposed by
any provision of this code are either more restrictive or less restrictive than
comparable regulations imposed by this code, or any other law, ordinance,
statute, resolution, or regulation of any kind, the regulations which are more
restrictive or impose higher standards shall govern, unless specifically stated
otherwise.
Subd. 3. Conformance required. Except as this code specifically provides, no
structure shall be erected, converted, enlarged, reconstructed, or structurally
altered, and no structure or land shall be used for any purpose nor in any manner
which is not in conformance with this code.
Subd. 4. Relation to building code. This code shall be interpreted in accordance
with the rules set forth in Section 400 of the city code.
Subd. 5. Terms not defined. Terms not defined in this code shall have. the
meanings given to them by the city code.
Subd. 6. Measured distances. Where measured distances are referred to in this
code, the following rules shall apply:
a) Measured distances shall be made in a straight line, without regard to
intervening buildings or objects;
b) Measured distances expressed in feet are to.the nearest one-tenth of a
foot; and
c) Where minimum distances are required between uses, measurements
shall be taken from nearest lot line to nearest lot line, unless the use
requiring the separation is located within amulti-tenant building with
more than 10,000 square feet in gross floor area. In such case,
measurements shall be taken from the nearest point of the actual
business premises (e.g., lease-space) of the use requiring the
separation to the nearest lot line of the property from which the use
must be separated.
Subd. 7. Setback computations. In computing setback dimensions,
measurements shall betaken from the nearest wall of the structure to the related
front, side, or rear lot line.
Richfield City Code (Zoning) 509.01, Subd. 8
General Provisions
Subd. 8. Private easements or covenants. This code is not intended to abrogate
any easement, covenant or any other private agreement, provided that where the
regulations of this code are more restrictive or impose higher standards or
requirements than such easements, covenants, or other private agreements, the
regulations of this code shall govern.
509.03. Separability. It is hereby declared to be the intention that the several provisions
of this code are separable in accordance with the following:
a) If any court of competent jurisdiction shall adjudge any provision of
this code to be invalid, such judgment shall not affect any other
provisions of this code not specifically included in said judgment;
b) If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this code to a particular property,
building or other structure, such judgment shall not affect the
application of said provision to any other property, building or other
structure not specifically included in said judgment.
509.05. Fees. Fees charged under this code are set by Appendix D of the city code.
509.07. Lot provisions. Subdivision 1. One building and use. Except in the case of
planned unit developments, group housing developments, and developments in the
Mixed-Use Districts, only one principal building and use may be located on a lot. This
subdivision is not intended to prohibit similar types of uses from occupying amulti-
tenant building if all other requirements of this code are met.
Subd. 2. Frontage requirements. Except in a planned unit development, all lots
shall have frontage on a public street.
Subd. 3. Throu lots. On a through lot, the lot lines abutting both street
frontages shall be considered front lot lines.
Subd. 4. Front yards. A front yard may not contain any building or other
structure except fencing, ornamental outdoor furniture, parking areas, signage,
and landscaping, as permitted or required under this code or the city code except
as specifically noted for through lots.
509.09. Accessory buildings. Subdivision 1. Construction of accessory buildings. No
accessory building shall be constructed prior to the time of construction of the principal
building on any residential lot, including commercially zoned lots used for residential
purposes.
Subd. 2. Building separation. The required setback between an accessory
building and any other building on the lot shall be determined by Section 400 of
the city code.
Subd. 3. Eave projection. The roof overhang leave projection) for accessory
buildings shall not be located closer than two (2) feet from any lot line;
Richfield City Code (Zoning)
General Provisions
509.09, Subd. 4
Subd. 4. Relationships to principal building. No accessory building on any lot,
except through lots, shall be situated forward of the front building line of the
principal building. In the case of a through lot, no accessory building shall be
located within 30 feet of the lot lines abutting either street unless otherwise
noted.
Subd. 5. Lot coverage and height. No accessory building shall be greater in lot
coverage than the principal building, or greater in height than the principal
building.
509.11. Not encroachments. The following shall not be considered as encroachments
on setback requirements in all zoning districts:
a) Principal building cornices, canopies, eaves, gutters, and other similar
features, provided they project not more than 30 inches into a
required yard. In no event shall such features be closer than 24 inches
from any lot line;
b) Principal building chimneys, flues, vents, and other similar features,
provided they project not more than 24 inches into a required yard
and are no more than five feet in width. In no event shall such
features be closer than 30 inches from any lot line;
c) Principal building window wells, provided they project not more than
36 inches into a required yard. In no event shall they be closer than
24 inches from any lot line;
d) In required front yards, principal building entry vestibules that extend
a distance of six feet or less, provided such vestibule is not more than
eight feet in width or more than one story in height;
e) In required front yards, principal building balconies that extend a
distance of four feet or less, provided they are seven feet or more
above grade at the front building line;
f) In front yards and street side yards, fire escapes attached to the
principal building that extend a distance of four feet, six inches or
less;
g) In required front and rear yards, landings, steps, uncovered porches,
and other similar features attached to the principal building that
extend a distance of six feet or less, provided such landing or
uncovered porch does not extend in elevation above the height of the
ground floor level, and in no case shall they be located more than 30
inches off the ground; a railing enclosure no more than three feet in
height may be placed around such landing or uncovered porch, unless
prior approval for a greater height is granted by the Director;
Richfield City Code (Zoning)
General Provisions
509.11, (h)
h) In required side yards, uncovered porches attached to the principal
building that extend a distance of three feet or less, provided they are
not more than 30 inches off the ground. In no event shall they be
closer than four feet from any side lot line; and
i) In required side yards, principal building steps, stoops, handicap
access ramps, and other similar features that extend a distance of
three feet or less. In no event shall they be closer than two feet from a
side lot line.
509.13. Central air conditioning units. Central air conditioning units shall not be
located forward of the front building line, and shall not be located closer to any side lot
line than the minimum side setback requirement for the principal building.
509.15. Fences, walls, and hedges. Subdivision 1. General rule. A fence, wall, or
hedge may occupy a lot as provided in this subsection. .
Subd. 2. Definitions:
a) "Hedge" - a row of shrubbery which forms or is intended to form a
barrier.
b) "Wall" -this term includes retaining walls, freestanding walls, and
decorative or privacy walls.
Subd. 3. Hei t:
a) No fence, wall, or hedge more than four feet in height shall be
constructed or permitted to grow forward of the front line of the
principal building extended to the side lot lines;
b) No fence or wall more than six feet in height shall be constructed
elsewhere on the lot; except that in "C-2" and "I" districts the
maximum height shall be eight feet. A building permit shall be
required for fences and walls over six feet in height; and
c) Whenever a fence or wall is used in combination, or placed upon a
berm, the combined height shall not exceed the permitted heights
outlined in paragraphs a) and b) above.
Subd. 4. Corner lots. Fences, walls, and hedges located on any corner lot are
subject to the traffic visibility requirements described in subsection 509.15.
Subd. 5. Setback requirement. Fences, walls, and hedges located along aright-
of-way which contains a public sidewalk, or located along a street or alley, shall
be set back not less than three feet from the nearest edge of such sidewalk, street,
or alley.
Richfield City Code (Zoning)
General Provisions
509.15, Subd. 6
Subd. 6. Prohibitions. Barbed wire and electric wire fences are prohibited in all
districts. Fences shall not be constructed from chicken wire, welded wire,
branches, or materials originally intended for other purposes, unless a showing of
a high degree of architectural quality is achieved through the use of such, and
prior approval is granted by the Director.
Subd. 7. Chain link. Chain link fences shall have a top rail and the barbed ends
shall be toward the ground. Inserts or slats woven through such fences shall be
kept in a good state of repair.
Subd. 8. Posts. Posts and stringers on any fence located at or near the lot line
shall be on the inside of the fenced area unless designed as an integral part of the
fence. Posts for wooden fences shall be spaced at intervals not to exceed eight
feet. Posts for chain link fences shall be spaced at intervals not to exceed ten
feet. (Amended, Bill No. 1999-3)
Subd. 9. Construction and maintenance. Fences and walls shall be constructed
of durable, weather resistant materials that are properly anchored. All fences and
walls shall be maintained in a condition of reasonable repair and shall not be
allowed to become and remain in a condition of disrepair, danger, or constitute a
nuisance.
Subd. 10. Required screening. Any fence or wall required as a screening device
shall be constructed of decay resistant materials that provide screening to the
extent required by the Richfield Landscape Requirements, on file with the Office
of Community Development.
Subd. 11. Certain structures. Fences and walls legally existing on or before
March 20, 1982, may continue to exist and to be repaired and maintained.
Richfield City Code (Zoning)
General Provisions
509.17. Traffic visibility. Except as otherwise provided in this
subsection, on corner lots in all districts, nothing shall be erected,
placed, planted, or allowed to grow in such a manner as to obstruct
vision between the height of 30 inches and ten feet above the
abutting curb line of the intersecting streets within a triangular
area defined as follows: "beginning at the intersection of the
projected curb lines of two intersecting streets, thence 50 feet
along one curb line, thence diagonally to a point 50 feet from the
point of beginning on the other curb line, thence to the point of
beginning". (Figure 9)
On Corner lots in all districts where the intersection is controlled
in all directions with the use of stop signs or traffic signals,
nothing shall be erected, placed, planted, or allowed to grow in
such a manner as to obstruct vision between the height of 30
inches and ten feet above the abutting curb line of the intersecting
streets within a triangular area as defined as follows: "beginning
at the intersection of the projected curb lines of two intersecting
streets, thence 30 feet along one curb line, thence diagonally to a
point 30 feet from the point of beginning on the other curb line,
thence to the point of beginning". (Figure 10) (Amended, Bill
No. 2001-5)
509.17
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509.19. Excavation of natural materials. Nothing in this code prohibits the excavation
of natural materials for the construction of a building permitted in a district in which the
same is located if the building is to be constructed on the lot from which the material is
excavated. Excavations shall not be made, however, in violation of any provision of this
code or the city code.
509.21. Home occupations. Subdivision 1. Home occupation defined. Home
occupations are defined in subsection 507.07 of this code.
Subd. 2. Purposes. The purposes of this subsection are to allow for home
occupations that are appropriate for residential settings; protect those conducting
a home occupation from self-induced harm; and protect the property rights of
neighbors.
Subd. 3. Compliance required. A home occupation may be established and
conducted only in accordance with this subsection.
Subd. 4. Subordinate use. A home occupation shall be permitted as an
accessory use to a residential dwelling unit. The home occupation use must be
clearly subordinate to the residential use of the property, occupying no more than
25 percent of the gross floor area of the dwelling (excluding garages), and must
be conducted by a person or persons who reside in the dwelling.
Richfield City Code (Zoning)
General Provisions
509.21, Subd. 5
Subd. 5. Activities. A home occupation must be conducted in such a manner
that activities connected with it are not noticeable from adjacent streets or
residential lots, and except as permitted in Subd. 6 below do not draw attention to
the home occupation. All activities related to a home occupation must be
conducted within a fully enclosed dwelling. Home occupations are not permitted
in garages (accessory or attached).
Subd. 6. Advertising. Signs are allowed in accordance with the provisions of
Section 416 of the city code.
Subd. 7. Outside storage. No outside storage of products or materials or
equipment connected with the home occupation is permitted. This subdivision
does not prohibit the outside parking of motor vehicles on the driveway of the
premises in accordance with Subd. 8 below.
Subd. 8. Outdoor parking of commercial vehicle. Outdoor parking of no more
than one vehicle identified for business purposes is permitted, provided that the
vehicle is registered to an occupant of the home, and that such vehicle parking is
not otherwise prohibited by Section 1320 of the city code or any other applicable
district regulations.
Subd. 9. Parking, structural chan eg s, li ting. Parking, structural alteration,
lighting or similar facilities which indicate a use of the dwelling for purposes
other than a residential structure are prohibited. Home occupations involving the
need for more than three outdoor parking spaces for the operators and customers
shall be prohibited. Parking facilities required to serve the home occupation shall
be provided on the premises, but no such parking facilities shall be provided
within any required front or side yard, except upon an established driveway.
Subd. 10. Retail sales. Continuous retail sales of products• on the premises are
prohibited. Occasional sales of products or other. articles are permitted where the
dwelling serves as an office for a person regularly engaged in retail sales outside
the dwelling, or where such occasional sales are incidental to and not the primary
purpose of the home occupation.
Subd. 11. ~eciftc activities prohibited. The following activities shall not be
allowed as home occupations:
a) The repair, whether for consideration or not, of motor vehicles which
are not registered to a resident of the dwelling on the property where
the repair is made, or to a son or daughter, sibling, parent,
grandparent, or grandchild of a resident of the property;
b) Adult business establishments regulated under Section 1196 of the
city code;
c) The practice of medical, dental, chiropractic, psychiatric, or other
similar treatment or therapy, including acupuncture, where the
person(s) providing such treatment or therapy is not licensed by the
State of Minnesota to administer such treatment or therapy;
Richfield City Code (Zoning)
General Provisions
509.21, Subd. 11 (d)
d) Businesses, educational programs, or similar gatherings. which meet
on a regular basis, having more than six non-resident adults in
attendance at one time;
e) Pet grooming or pet care facilities, except those legally existing on or
before June 1, 1995;
f) Gun or ammunition sales/repair, except those legally existing on or
before June 1, 1995;
g) Music instruction, unless conducted within a single family (detached)
dwelling; and
h) Tattoo businesses.
Subd. 12. Performance standards. A home occupation may not adversely
impact the residential character of the dwelling or its neighborhood because of
the emission of noise, odor, water, smoke, dust, gases, heat, glare, vibration,
electrical interference, or parking or traffic resulting from the conduct of the
home occupation.
Subd. 13. Non-resident employee. One person in addition to the person or
persons who occupy the dwelling may be employed at the residence if a
conditional use permit is issued in accordance with Subsection 547.09 of this
code.
Subd. 14. Hours of operation. The hours of operation for any home occupation
shall be limited to between 7:00 a.m. and 9:00 p.m.
Subd. 15. Use of equipment. No mechanical or electrical equipment requiring
in excess of 220 volts single phase shall be permitted in the conduct of a home
occupation, and no electric motor shall exceed three horsepower.
509.23. Uses not listed. When the proposed use of any building, structure, or premises
is not specifically described in this code, the requirements for the use most similar to the
proposed use applies. If in the judgment of the Director, a proposed use does not come
within any existing use classification, the Director shall refer the matter to the Council for
a determination as to whether the use shall be classified as permitted, accessory,
conditional, or prohibited in the particular zoning district for which the use is proposed.
509.25. Nonconformities. Subdivision 1. Purpose. This subsection is intended ~o
provide for the regulation of uses, structures, lots or site improvements which lawfully
existed prior to the effective date of this ordinance or subsequent amendments, but which
fail to comply with one or more current regulations.
Subd. 2. Continuance of nonconformities. Any nonconformity, including the
lawful use or occupation of land or premises existing at the time of the adoption
of an additional control, maybe continued, including through repair,
replacement, restoration, maintenance, or improvement, but not including
expansion, unless:
Richfield City Code (Zoning)
General Provisions
509.25, Subd. 2 (a)
a) The nonconformity or occupancy is discontinued for a period of more
than one year. Time shall be calculated as beginning on the day
following the last day in which the use was in normal operation and
shall run continuously thereafter; or
b) Any nonconforming use is destroyed by fire or other peril to the
extent of greater than 50 percent of its market value, and no building
permit has been applied for within 180 days of when the property is
damaged. In this case, the city may impose reasonable conditions
upon a building permit in order to mitigate any newly created impact
on adjacent property.
Any subsequent use or occupancy of the land or premises shall be a conforming
use or occupancy. The nonconforming use status of the premises and any rights
which arise under the provisions of this subsection shall terminate.
Subd. 3. Nonconforming use. Except as otherwise noted in this code, there shall
be no enlargement, expansion, intensification, or relocation of any building or
premises devoted to a nonconforming use except to make it a conforming use.
Subd. 4. Enlargement of nonconforming structures.
a) Except as noted below, a nonconforming building or structure
occupied by a conforming use may not be expanded or altered in any
way so as to increase that nonconformity. Expansions-that meet all
applicable city code requirements are permitted.
b) A legally nonconforming single- or two-family dwelling or garage
which existed on or before June 1, 1995, which is occupied by a
conforming use, and which does not meet current setback
requirements can be expanded up to 100 percent of the floor area of
the existing structure, as long as the following conditions are met:
i. The expansion does not extend any farther into the required
setback than the existing structure;
ii. The existing structure does not infringe on the setback more than
50 percent of the required setback distance; and
iii. The expansion meets all other applicable city code requirements.
(Added, Bill No. 1998-13)
Subd. 5. Safe .Nothing in this subsection shall prevent the repairing of a
structure to a safe condition when said structure is declared unsafe by the proper
authority.
Subd. 6. Nonconformin sig to improvements. This subsection is primarily aimed
at upgrading nonconforming site improvements that affect the appearance and
impacts of a site. It is not intended to require extensive changes that would be
extremely impractical such as moving or lowering buildings.
a) Nonconforming Parking. Alteration, addition or expansion which
results in an increased need for off-street parking shall provide
additional parking according to the following guidelines:
Richfield City Code (Zoning)
General Provisions
509.25, Subd. 6 (a)(i)
i. Where modifications result in an increase in the applicable unit
of measurement (dwelling unit, floor area, capacity, number or
seats, etc.) which is 50 percent or less of the original total,
additional parking shall be required only for this new or
modified part of the development;
ii. Where modifications result in an increase in the applicable unit
of measurement which is over 50 percent of the original total,
sufficient off-street parking shall be provided to bring the entire
development into conformance with the requirements of this
ordinance.
b) Nonconforming Landscaping and Screening. Alternative landscaping
or screening may be approved by the Director, where, due to existing
structure placement, lot dimensions, parking requirements, or other
improvements, it is not possible to provide the landscaping or
screening required by this ordinance, according to the following rules:
i. The alternative landscaping or screening will not be detrimental
to adjacent properties; and
ii. The alternative landscaping or screening complies with the
purpose and intent of standards dictated by this ordinance
c) Additional nonconforming site improvements. In addition to the
requirements of a) and b) above, the following nonconforming site
improvements must be made conforming if a structure or use
associated with the nonconforming site improvement is enlarged or
expanded.
i. Impervious surface coverage as required by applicable zoning
district standards;
ii. Irrigation as required by Subsection 542.03 Subd. 4(h);
iii. Screening of refuse collection and utilitarian items in accordance
with Subsection 542.05;
iv. Pedestrian circulation as required by Subsection 542.15;
v. Bicycle parking in accordance with Subsection 542.17; and
vi. Underground utilities when renovation costs exceed 50 percent
of the value of the structure, in accordance with Subsection
542.19.
d) The. Director may modify or waive any of the provisions above based
on a written finding that the proposal:
i. Would not be detrimental to adjacent properties; and
ii. The proposal complies with the purpose and intent of standards
dictated by this ordinance.
Richfield City Code (Zoning)
Districts
SECTION 512 -ZONING: DISTRICTS
(ADDED, BILL No. 2007-19)
512.01
512.01. ZoninS districts. Subdivision 1. Establishment of districts. In order to carry
out the purposes and provisions of this code, the city is hereby divided into the following
zoning districts:
Residential Districts
Sin le Famil Residential R
Low Densi Sin le Famil Residential R-1
Two Famil Residential MR-1
Multi-Famil Residential MR-2
Hi Densi Multi-Famil Residential MR-3
Commercial Districts
Service Office S-O
Nei boyhood Business C-1
General Commercial C-2
Mixed-Use Districts
Mixed-Use Re Tonal MU-R
Mixed-Use Communi MU-C
Mixed-Use Nei boyhood MU-N
Industrial Districts
Industrial I
Planned Unit Develo ment Districts
Planned Residential PR
Planned Two Famil Residential PMR-1
Planned Multi-Famil Residential PMR
Planned Nei hborhood Commercial PC-1
Planned General Commercial PC-2
Planned Industrial PI
Subd. 2. District boundaries. The location and boundaries of the zoning
districts established in this code are set forth in "Appendix 1" to this code which
delineates the legal descriptions of land within each zoning district. Appendix 1
is on file and open to public inspection during regular city office hours in the
Office of Community Development.
Richfield City Code (Zoning)
Districts
512.01, Subd. 3
Subd. 3. Lots which lie within two zoning disticts. Where a district boundary
line divides a lot of record placing it into two separate zoning districts, the
provisions of this code which pertain to either zoning district may be applied to
the entire lot or for a distance of 30 feet from such district boundary line,
whichever is less.
512.03. Permitted uses in all districts. The following uses shall be construed to be
permitted in all zoning districts within the City:
a) Public streets and highways;
b) Underground public utilities;
c) Parks and related recreational facilities owned by a governmental
unit;
d) Solar equipment as an accessory use; and
e) Horticulture on land which cannot be put to other uses, provided no sale of
products is conducted on the lot.
Richfield City Code (Zoning)
Districts
512.05
512.05. Permitted, Conditional, Accessory and Prohibited Uses in Residential
Districts. The following table summarizes which land uses are classified as permitted,
accessory, conditional or prohibited in the Residential Districts. Refer to Sections 514
through 527 for complete regulations.
P: Permitted
A: Accessory
C: Conditional
N: Null or Prohibited
Land Use R R-1 MR-1 MR-2 MR-3
Residential
Sin le-famil detached dwellin s P P P N N
Two-famil dwellin s C N P P P
Twin homes N N C N N
Multi-famil dwellin s >3 units N N N P/C P/C
Cluster home develo ments C N C C N
Other
Bed and breakfast inns C C N N N
Cemeteries C N N N N
Da care facilities P/C P P/C P/C P/C
Emer enc shelters C N C C C
Fences, walls and hed es A A A A A
Foster famil homes A/C A/C A/C A/C A/C
Garages /.carports for a residential
structure A A A A A
Gazebos / e~nhouses A A A N N
Governmental buildin s P N C C C
Home occu ations A A A A A
Libraries ublic P N C C C
Parkin A A A A A
Private drivewa s A A A A A
Public utilities, ma'or C C C C C
Public utilities, minor A A A A A
Recreational facilities, non-
commercial, rind al use C C C N N
Reli ions institutions C N C C C
Residential care facilities P P P!C P/C P/C
Roomer A A N N N
Satellite dish antennas A A A A A
Schools, ublic or rivate C N C C C
Stora e buildin s A A A A A
Swimmin ools, rivate A A A A A
Telecommunication towers C C C C C
Utility buildings accessory to
telecommun. towers & antennas A N A A A
Richfield City Code (Zoning)
Districts
512.07
512.07. Permitted, Conditional, Accessory and Prohibited Uses in Commercial
Districts. The following table summarizes which land uses are classified as permitted,
accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529
through 534 for complete regulations.
P: Permitted
A: Accessory
C: Conditional
N: Null or not Permitted
Land Use S-O C-1 C-2
Adult businesses N N P
Animal kennels N N P
Apartments within a commercial
buildin A A/C C
Assembly, light manufacturing,
warehouse N N A
Auction houses N N P
Auto mechanical / bod re air N N C
Auto detailin N N C
Auto or boat sales N N C
Auto stereo installation service N N P
Auto washes N N C
Barber or beau sho s P/C P/C P/C
Bic cle stores N P/C P/C
Bic cle re air sho s P/C P/C P/C
Bowlin alle s N N P
Ca et or aint stores N P/C P/C
Cemeteries N N C
Convenience store N P P
Dance or h sical culture studios P P P
Da care facilities C P P
Drug stores without drive-up
facili N P/C P/C
Dru stores with drive-u window N N C
Emer enc shelter N N C
Enclosed storm e A A N
Fences, walls and hed es A . A A
Financial institutions without
drive-u service N N P
Financial institutions with drive-up
service N N C
Firearms related uses N N C
Fortune tellin N N P
Funeral homes, mortuaries N N C
Furniture or a liance stores N P/C P/C
Governmental buildin s P P P
Richfield City Code (Zoning)
Districts
Land Use S-O C-1 C-2
Groce stores N • P/C PIC
Hos ~ ital or medical clinic PIC P/C P/C
Hotel or motel N N C
Junk and N N N
Libraries, ublic P P . P
Li uor store, munici al N N P
Nursin home P P N
Office, single-tenant -
rofessional, executive or business PIC P/C P/C
Office, multi-tenant -professional,
executive, or business P/C P/C PIC
Outdoor merchandising or storage
(except as allowed by Section
1135 of the Ci Code N N N
Parkin A A A
Pawn shops & second hand goods
dealers licensed under Section
1186 or 1187 of the Ci Code N N C
Public utili ,minor A A A
Public utili , ma'or C C C
Reli 'ous institutions N N P
Restaurant, take-out only (Class
IV N C P
Restaurant, fast food I convenience
food (Class II)) or any restaurant
with drive~u service N N C
Restaurant, traditional or cafeteria
Class N C C
Restauran full service Class N N C
Retail, general (single or multi-
tenant N P/C P/C
Schools ublic or rivate N N P
Service station N N C
Service station !convenience store N N C
Service or non-auto re air sho P!C P/C P!C
Tattoo sho s N N C
Taxi or limousine service N N P
Theater, movie or live
entertainment N N C
Veterin cl'mic ~ N N P
512.07 (cont.)
Richfield City Code (Zoning)
D1strlGtS
512.09
512.09. Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use
Districts. The following table summarizes which land uses are classified as permitted,
accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for
complete regulations.
P: Permitted
A: Accessory
C: Conditional
N: Null or not Permitted
Land Use MU-N MU-C MU-R
Residential
Townhome develo went P N N
Multi-famil dwellin s P P P
Live-work units P P N
Assisted living facilities, nursing,
rest homes P P N
Other
Adult businesses N P P
Assembly & manufacturing
accessory and subordinante to
retail use N A A
Auto mechanical / bod re air N C C
Auto detailin N C C
Auto rental facilities as an
accessory to primary office or
hotel use N A A
Auto sales N N C
Clinics A P P
Convenience store P P P
Da care facilities P P P
Drive-u window or teller service N C C
Firearms related uses N N C
Funeral homes, mortuaries N P N
Governmental buildin s A P A
Health or athletic clubs, spas, yoga
studios N P P
Hotel or motel N P P
Hos itals N N P
Libraries, ublic P P N
Offices A P P
Parkin A A A
Police sub-station P P P
Public utilities A A A
Recreational facilities, non-
commercial, rinci al use P P P
Richfield City Code (Zoning)
Districts
Land Use MU-N MU-C MU-R
Reli ious institutions P P A
Restaurant, take-out only (Class
IV) P P P
Restaurant, fast food /convenience
food Class N C C
Restaurant, traditional or cafeteria
Class P P P
Restaurant, full service Class N C P
Retail, nei boyhood services P P P
Retail, eneral services C P P
Retail, re Tonal services N C P
Schools, ublic or rivate P P C
Service station N P P
Service station /convenience store N P P
Theaters, movie or live
entertainment N N P
Transit facilities A A A
512.09 (cont.)
512.11. Permitted, Conditional, Accessory and Prohibited Uses in the Industrial
District. The following table summarizes which land uses are classified as permitted,
accessory, conditional or prohibited in the Industrial District. Refer to Section 539 for
complete regulations.
P: Permitted
A: Accessory
C: Conditional
Pr: Prohibited
N: Ordinance is silent
Land Use
Adult businesses P
Bottlin o eration P
Cold stora e P
Com uter assembl P
Electric a liance manufacturin P
Electronic com onents assembl P
Food roducts manufacturin P
Laboratories for testin or research P
Living quarters for security
ersonnel A
Lumber or buildin materials sales P
Metal roducts manufacturin P
Richfield City Code (Zoning)
Districts
Land Use
Pa er roducts manufacturin P
Parkin A
Pawn shops & second hand goods
dealers licensed under Section
1186 or 1187 of the Ci Code C
Rubber or plastics products
manufacturin P
Satellite dish antennas A
Stone, clay or glass products
manufacturin P
Telecommunication towers C
Textile roducts manufacturin P
Wood roducts manufacturin P
512.11 (cont.)
Richfield City Code (Zoning) 514.01
R District
SECTION 514 - SINGLE-FAMILY RESIDENTIAL DISTRICT (R)
(ADDED, BILL No. 2007-19)
514.01. Puruoses. The purposes of the R District regulations are to protect and preserve
the single-family residential character of the R District; reserve appropriate locations for
single-family dwellings; provide opportunities for cluster housing development;
minimize traffic congestion and the overloading of utilities; and provide residential
locations that are safe, attractive and quiet.
514.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted
uses in the R District.
Subd. 2. Single-family (detached) dwellings.
Subd. 3. State-licensed day care facility serving 12 or fewer persons, or a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to
9502.0445, serving 14 or fewer children. Care facilities located within the R
District shall be subject to the same zoning regulations as single-family
dwellings in the R District.
Subd. 4. State-licensed residential care facility serving six or fewer persons, or
a housing with services establishment registered under M.S. 144D serving six or
fewer persons. Care facilities located within the R District shall be subject to the
same zoning regulations as single-family dwellings in the R District.
Subd. 5. Governmental buildings and public libraries.
514.05. Accessory building and use regulations. Subdivision 1. The uses listed in
this subsection are allowable accessory uses in the R District.
Subd. 2. In addition to the general accessory building provisions of Subsection
509.09, the following rules apply to accessory buildings in the R District:
a) No more than one (1) of each of the following shall be located on a
residential parcel: detached garage, greenhouse, storage building or
gazebo; and
b) No attached garage shall be greater in lot coverage than the dwelling
unit to which it is attached.
Subd. 3. Private garages (includes attached and detached) or carports that do not
exceed 1,000 square feet in gross floor area, do not exceed an aggregate of 1,200
square feet in gross floor area when combined with all other accessory buildings
and attached garages on the lot, and are constructed in accordance with
Subdivision 2 of this subsection.
Richfield City Code (Zoning)
R District
514.05, Subd. 4
Subd. 4. Greenhouses, storage buildings, and gazebos that do not exceed 175
square feet in gross floor area, do not exceed an aggregate of 1,200 square feet in
gross floor area when combined with all other accessory buildings and attached
garages on the lot, are constructed in accordance with Subdivision 2 of this
subsection.
Subd. 5. Private swimming pools as defined in Section 420 of the city code,
provided that such swimming pools and related equipment be located:
a) At least ten feet from any rear lot line;
b) At least ten feet from any interior side lot line; and
c) At least 15 feet from any street side lot line.
Subd. 6. Private driveways, parking areas, turnaround areas, and sidewalks for
residential uses, provided the following conditions are met: (Amended, Bill No.
2005-8)
a) All such driveways, parking areas, turnaround areas, and sidewalks
shall be set back no less than one foot from any lot line abutting
another parcel, except that upon written request from the landowner,
the Director may reduce or rescind this setback requirement for
shared access agreements or with a finding of necessity and public
convenience; (Amended, Bill No. 2005-8)
b) All such driveways, parking areas, turnaround areas, and sidewalks
shall be constructed with concrete, asphalt, concrete pavers, brick set
in compacted sand, or other material approved by the Director;
(Amended, Bill No. 2005-8)
c) No parking area shall be permitted in the front yard area except as
allowed by paragraph d); (Amended, Bill No. 2005-8)
d) Within the front yard area, vehicles shall only be parked on the
driveway area; (Amended, Bill No. 2005-8)
e) Driveways, where located within the boulevard or the front yard area,
are subject to the following requirements:
(i) They shall not exceed 22 feet in width up to a maximum of
35% of the front yard area (curb cut radii excluded);
(ii) Curb cut radii (five feet minimum) shall not encroach upon
the boulevard of abutting properties;
(iii) On corner lots, driveways shall be set back at least 30 feet
from an intersection, as measured from the point where the
extended curb lines of the streets intersect;
s
Richfield City Code (Zoning)
R District
514.05, Subd. 6 (e)(iv)
(iv) Only one curb cut shall be permitted from a public street to
an interior lot. A corner lot may have one curb cut from
each public street, provided the driveway setback
requirement in item (iii) above is met; and
(v) Upon written request from the landowner, items (i), (ii),
(iii), and (iv) above may be varied by the Director with a
finding of necessity and public convenience;
(Amended, Bill No. 2005-8)
f) Any expansion or installation of a driveway, parking or turnaround
area on a lot shall be subject to a city permit;
g) Any expansion, installation or replacement of a curb cut from a
public street to a lot shall be subject to a city permit and any curb cut
abandoned with the installation of a new cut shall be extinguished
and replaced with curb and gutter according to specifications
determined by the Director of Public Works, except as provided in (e)
. (iv), provided the curb cut meets all requirements of (e) and is in
service for driveway or parking purposes; and (Added, Bill No.
1999-3, Amended, Bill No. 2005-8)
h) A turnaround area may be located within a front yard subject to the
requirements of this paragraph. The turnaround area is lirpited to the
front yard of arterial and collector streets only. The turnaround area
cannot exceed 150 square feet. The turnaround area must be
contiguous to the driveway. (Added, Bill No. 2005-8)
Subd. 7. The accommodation of one roomer in addition to the family, provided
that:
a) The roomer plus the family shall not exceed a total of five persons
(see definition of family);
b) Such arrangement does not constitute an accessory apartment; and
c) Adequate off-street parking is available.
Subd. 8. Home occupations that are operated in accordance with Section 509 of
this code.
Subd. 9. Roof-mounted television antennas.
Subd. 10. Minor public utilities.
514.07. Conditional uses. Subdivision 1. The uses listed in this subsection are
conditional uses in the R District, and are subject to the conditional use permit
provisions outlined in Section 547.09 of this code.
Richfield City Code (Zoning)
R District
514.07, Subd. 2
Subd. 2. Two-family dwellings, provided the following conditions are met:
a) The lot shall abut an arterial or collector street;
b) The lot area and width shall comply with Section 514.11, Subd. 2 of
this code;
c) Two off-street parking spaces, one of which must be enclosed in a
garage, shall be provided for each dwelling unit;
d) Private driveways, parking areas, turnaround areas and sidewalks
shall comply with Section 514.05 Subd. 8 of this code;
e) For new construction each dwelling unit shall contain at least 750
square feet of interior floor space, and for conversion of a single-.
family dwelling to atwo-family dwelling each unit shall contain at
least 500 square feet of interior floor space. For the purpose of this
subsection, interior floor space shall include the total horizontal area
of the dwelling unit as measured from the interior walls of the unit;
and
f) The structure shall meet all setback requirements for two-family
dwellings as indicated under Section 514.13, except that asingle-
family dwelling which does not meet the required two-family interior
side setback may be converted into atwo-family dwelling if the
dwelling is not expanded or if the expansion meets all applicable
two-family dwelling requirements.
Subd. 3. Cluster home developments, provided the following conditions are
met:
a) The design of the development must be compatible with the
surrounding neighborhood in terms of building materials,
architectural design, scale and mass of the structure, or other similar.
urban design characteristics;
b) Landscaping must be provided in accordance with the Performance
Standards Section of this code;
c) Two off-street parking spaces, at least one of which must be enclosed
in a garage, shall be provided for each dwelling unit;
d) There must be a minimum of 500 square feet of outdoor open space
provided on the lot per dwelling unit;
e) The number and location of driveways and curbcuts shall minimize
conflict with vehicular traffic and should not adversely impact
adjacent land uses; and
f) The density of the development may not exceed the density
recommended in the comprehensive plan.
(Added, Bill No. 1996-22; Amended, Bill No. 2002-11)
Richfield City Code (Zoning)
R District
514.07, Subd. 4
Subd. 4. Bed and breakfast inns, provided the following conditions are met:
a) No more than two rental rooms shall be provided;
b) At least two off-street parking spaces (may include garage stalls)
shall be provided for the residence, and at least one off-street parking
space shall be provided on the lot for each rental room;
c) The use shall be contained within asingle-family detached dwelling;
d) Outdoor parking areas shall be screened with landscape materials;
and
e) The operator shall secure all applicable licenses and approvals from
the city, county, state, or other applicable jurisdictions before the
conditional use permit will become effective.
Subd. 5. Public or private elementary and high schools, and other similar
learning institutions provided the following conditions are met:
a) The use site shall abut a collector or arterial street or be located such
that significant traffic will not be generated on local residential
streets;
b) Pick-up and drop-off areas shall be designed to enhance vehicular
and pedestrian safety;
c) Outdoor recreational facilities designed for group activities shall be
set back at least 40 feet from any lot line;
d) Buffering shall be provided to mitigate noise and adverse visual
impacts on adjacent properties; and
e) Lighted playing fields shall be permitted only upon demonstration
that off-site impacts can be substantially mitigated.
Subd. 6. Cemeteries (may include mausoleums and crematories), provided the
following conditions are met:
a) The lot area shall be not less than five acres;
b) Direct views from all abutting residential property shall be buffered
in accordance with the Performance Standards Section of this code;
c) The use shall abut an arterial or collector street and access.shall be
achieved without conducting significant traffic on local residential
streets; and
d) Any crematory shall be set back not less than 600 feet from any lot
line.
Richfield City Code (Zoning)
R District
514.07, Subd. 7
Subd. 7. Religious institutions and related convents or parsonages, provided the
following conditions are met:
a) The use site shall abut a collector or arterial street or be located such
that significant traffic will not be generated on local residential
streets;
b) Outdoor facilities designed for group activities shall be set back at
least 40 feet from any lot line; and
c) Buffering shall be provided to mitigate noise and adverse visual
impacts on adjacent properties.
Subd. 8. Emergency shelters within non-residential buildings (e.g., schools or
churches) provided the following conditions are met:
a) The shelter shall serve no more than 16 persons at one time; and
b) Meals for those served by the shelter shall be prepared in a kitchen
approved for commercial use.
Subd. 9. State-licensed day care facility serving more than 12 persons, or a
group family day care facility licensed under Minnesota Rules, parts 9502.0315
to 9502.0445, serving 15 or more children within non-residential buildings (e.g.,
schools or churches) provided the following conditions are met:
a) Designated pick-up and drop-off areas shall be located on the site;
and
b) Designated outdoor play areas shall be set back at least 15 feet from
any lot line which abuts a residential property.
Subd. 10. Telecommunications towers are allowed only in the following
residentially zoned areas:
a) Towers supporting amateur radio antennas and conforming to all
applicable provisions of Section 544.25 of this code shall be allowed
only in the rear yard of residentially zoned parcels; and
b) Towers supporting commercial antennas and conforming to all
applicable provisions of Section 544.25 this code shall be allowed
only in the following residentially zoned locations:
(i) Church sites, when camouflaged as steeples or bell towers;
(ii) Park sites, when compatible with the nature of the park;
and,
(iii) Government, school, utility, and institutional sites, not
including the public right-of-way.
Subd. 11. Major public utilities.
Richfield City Code (Zoning)
R District
514.09
514.09. Prohibited uses. Any land use not listed as permitted, accessory or conditional
in this Section or subsection 512.05 is prohibited in the R District unless the use is found
to be substantially similar to a use listed, as determined by the city in accordance with
Section 509.21 of this code.
514.11. Lot Area, dimensions and coverage. Subdivision 1. The standards set out in
this subsection apply in the R District.
Subd. 2. Minimum lot area, dimensions and coverage.
Land use Lot area Lot width Lot depth Max. lot Maximum
(sq. ft.) (feet) (feet) coverage impervious
surface
Single-Family 6,700 50 100 35 % 45
Two-Family 9,000 60 100 35 % 45
Cluster home 2,900
Development in R- Per Unit 60 100 35 % 75
SFH Guided Area
Cluster home 4,000
Development in Per Unit
Non-R-SFH Guided 60 100 35 % 75
Area
Non-Residential 40,000 150 100 50 % 85
Subd. 3. ~ecial grandfather clause for certain R lots. A lot that was a lot of
record on or before June 1, 1995, located in the R District which does not meet
the minimum requirements set forth'in this code as to area and dimensions, may
be used for single-family (detached) development provided that the width of
such lot is not less than 40 feet and such lot contains at least 5,000 square feet in
area.
Richfield City Code (Zoning)
R District
514.13
514.13. Building setback and height. Subdivision 1. Standards. The standards set out
in this subsection apply in the R District.
Subd. 2. Building setback and maximum height (measurements in feet):
Maxinnum
Use Front Rear Interior Street (Corner Height
.Side Side
Single-family building 30 25 5 12 ~ 25
(but see Subd. 3 and 5)
Tvt~o-family building (but 30 25 10 12 25
see Subd. 3 and 5)
Cluster home development 10
in R-SFH guided area (but 25 5 12 25 (but see
see Subd. 3 and 5)' Subd. 8)
Cluster home development 30 25 5 12 25 (but see
in non-R-SFH guided area °Subd. 8)
(but see Subd. 3 and 5)'
Accessory -garage (but 30 3 5 12 142
see Subd. 3-6) (5 if utility
easement)
Accessory -non-garage 30 3 5 12 123
(but see Subd. 4 and 5) (5 if utility
easement)
Non-residential building 40 30 30 30 42
(but see Subd. 5 and 7)
Accessory building to non- 40 10 10 30 15
residential use (but see
Subd. 5)
'Setbacks. for cluster home developments shall apply to the perimeter of the development. Setbacks between
attached and detached units within a cluster home development must comply with applicable building and
fire codes. (Added, Bill No. 1996-22)
2 For garages, height is measured on the side of the building with the vehicle door. The storage height above
the parking area in a detached garage cannot exceed six (6) feet in height.
3 For non-garage accessory structures, height is measured from the ground level to the highest point of the
roof.
(Amended Bill No. 1996-22; Bill No. 1999-3; Bill No. 2002-11)
Subd. 3. Setback reductions for principal buildings. The following setback
reductions apply in the R District:
Richfield City Code (Zoning)
R District
514.13, Subd. 3 (a)
a) On a corner lot, the street side setback requirement shall be the lesser
of 12 feet or the established street side setback of the existing
principal building on the same lot for single-family, two-family and
cluster home development structures. In any case the provisions of
paragraphs d) and e) of this subdivision shall be applicable;
(Amended, Bill No. 1996-22)
b) The front setback requirement for a new single-family dwelling, two-
family dwelling or cluster home development on a lot may be
reduced to not less than the average existing front setback of the
dwelling(s) which front on the same street and abut such lot, to a
minimum setback of 20 feet; (Amended, Bill No. 1996-22)
c) With respect to single-family homes existing on or before June 1,
1995, the interior side setback requirement may be reduced to not less
than three feet for the purpose of constructing an attached garage or a
two-car garage to replace asingle-car garage, provided the following
conditions are met:
(i) A letter of consent signed by the owner of the property that
abuts the interior lot line shall be submitted to the city;
(ii) The garage shall be located a distance of not less than eight
feet from any building on an abutting lot;
(iii) The width of the garage shall not exceed 20 feet, and the
length shall not exceed 26 feet;
(iv) The garage wall most parallel and adjacent to the interior
lot line shall have no more than aone-foot roof overhang
leave projection);
(v) The garage wall most parallel and adjacent to the interior
lot line shall be constructed with no openings, and with
materials which provide a one hour fire rating; and
(vi) A drainage plan shall be approved by the Engineering
Department prior to issuance of building permits.
d) Windows or window units may project a maximum of 24 inches into
a required front yard, street side yard, or rear yard of a dwelling,
provided that the floor area is not increased by more than ten square
feet, however, in no case shall they be closer than six feet from any
lot line;
e) Those items classified as "not encroachments" in Section 509.09;
fl The setback requirements for cluster home developments may be
reduced to 25 feet in the front and 12 feet in the rear if the following
criteria are met:
Richfield City Code (Zoning)
R District
514.13, Subd. 3 (f)(i)
(i) The project can demonstrate that a superior design is
achieved through the reduced setback. Evidence of a
superior design may include but is not limited to the
preservation of a natural feature, creation of an amenity,
creation of public open space, or incorporation of special
features to meet the needs of the target population;
(ii) The reduced setback does not adversely affect the
surrounding neighborhood in terms of a decrease in privacy,
noise, overcrowding, or other similar impacts; and
(iii)The impact of the reduced setback is minimized through the
presence of features such as landscaping or other means of
buffering, a limited number of building openings in the
portion of the structure that infringes upon the setback,
building orientation, minimized garage door dominance, or
other similar features.
(Added, Bill No. 1996-22)
g) In required front yards, covered porches attached to the principal
building that extend no more than 10 feet, provided that the porch is
no closer than 20 feet from the front lot line and that the design of the
porch is approved by the Community Development Director. The
Community Development Director must make the following findings
to approve a porch encroachment up to 10 feet:
(i) The exterior materials of the proposed porch are consistent
or complementary in color, texture and quality with those
visible at the front of the dwelling;
(ii) The roof of the proposed porch is properly proportioned to
and integrated with the roof of the dwelling and has no less
than a 3/12 slope;
(iii)The base of the porch is not open and its appearance is
consistent with the base of the dwelling;
(iv) At least 65 percent of the exposed porch facade is open or
occupied by windows, screens, and/or doors of transparent
material; the facade constitutes the area from the floor level
of the porch to the porch ceiling; and
(v) Plans are prepared by a registered architect or reviewed by
the a design advisor selected by the Community
Development Department;
The Director may attach conditions to the approval of the porch
encroachment as needed to make the required findings; and
Richfield City Code (Zoning)
R District
514.13, Subd. 3 (h)
h) In required residential street /corner side yards, covered porches
attached to the front of a principal building that extend no more than
10 feet, provided that the porch is no closer than 20 feet from the
street side lot line and that the design of the porch is approved by the
Community Development Director. The Director must make the
findings required by Section 514.13, Subd. 3(g). The Director may
attach conditions to the approval of the porch encroachment as
needed to make the required findings. (Added Bill No. 1998-12)
Subd. 4. Setback reductions for residential accessory buildings.
setback reductions apply in the R District:
a) The interior side setback requirement for
accessory buildings located entirely five or more
feet beyond the rear building line of the principal
building may be reduced to three feet (Figure
10); and
b) On lots which provide alley access to the rear and
there is no utility easement, a detached garage
may be located no less than two feet from the rear
lot line, provided that the setback requirement of
Section 514.13, Subd. 6 of this code and all
building codes are met.
i ne
Rear Lot Line
,---•~ -----•-•-•-•1
i i
i i
! rear i
3~~! ~ building i
Garage line !
i
-5 -i-- --
___ ~
• ~ --!---------- - - -House - 1
Interior , i
Side i i
i
Lot Line i
~ i
i
i _.~--
~- Front Lot Line
Figure 10
Subd. 5. Additional setback requirement: all
structures located on a corner lot that abuts a key
lot. On a corner lot which abuts a key lot, the
street /corner side setback requirement of such
corner lot shall be equal to the front setback of any
existing principal building on the key lot or 30 feet,
whichever is less, however, in no case shall such
street side setback requirement be less than 12 feet.
(Figure 11)
Corner lot
-- ----
- - ----- -- ~ "
"
I streetslde
~ ~ side lot Ilne
Q r, ®
-° required
~ setback
~ e~ ntg
Key lot ® tb
k
se
ac
front
lot line -+M
' curb
Figure 11
Subd. 6. Additional setback requirement: _vehicle access door facing a side or
rear lot line. Whenever any building (principal or accessory) is located in such a
manner that a vehicle access door faces a side or rear lot line, such side or rear
setback requirement shall be not less than 20 feet, except under the following
conditions: -
Richfield City Code (Zoning)
R District
514.13, Subd. 6 (a)
a) If a vehicle access door faces a street side lot line which abuts anon-
arterial or non-collector street, such street side setback requirement
shall be not less than 15 feet; or
b) If a vehicle access door faces a rear lot line which abuts an alley,
such rear setback requirement shall be not less than 15 feet; or
c) If a vehicle access door faces an interior side lot line on a lot that is
less than 45 feet in width, such interior side setback requirement shall
be not less than 15 feet.
Subd. 7. Additional height for non-residential buildings. The following height
exceptions apply to non-residential buildings in the R District:
a) The maximum building height may be increased to no more than 75
feet, provided that the required setbacks shall be increased by one
foot for each foot of building height in excess of 42 feet; and
b) Notwithstanding paragraph a) above, the maximum height for towers,
spires, or water tanks may be increased to no more than 150 feet
provided that such structure does not exceed 15 percent lot coverage
or 1,600 square feet in gross floor area at the base, whichever is less.
Subd. 8. Maximum height increase for cluster housing developments. The
maximum height for primary buildings in a cluster housing developments may be
increased one foot for every foot the primary building is located from the 25 foot
rear set-back, up to a maximum of 3 5 feet, if the increased height is in harmony
with the surrounding neighborhood and if the increased height does not
adversely affect the surrounding neighborhood in terms of a decrease in privacy,
noise, overcrowding, or other similar impacts. (Added, Bill No. 1996-22;
Amended, Bill No. 2002-11)
514.15. Additional regulations. Subdivision 1. Standards. Developments shall be
constructed and maintained in accordance with the standards set out in this subsection.
Subd. 2. Dimensions and floor area. Single-family and two-family dwellings
constructed after June 1, 1995 shall be a minimum of 22 feet in length and width
for at least 50 percent of each distance as measured from outside wall surfaces,
and shall contain a minimum of 960 square feet of gross floor area. Dwellings in
cluster home developments shall be a minimum of 16 feet in width for attached
units. (Amended, Bill No. 1996-22)
Subd. 3. Garage planning. Building plans submitted after June 1, 1995 for new
single-family dwellings shall include garage space for not less than two vehicles,
or shall designate area(s) on the lot for future construction of such garage space
that does not require any variances. For the purposes of this subdivision only,
each vehicle shall require a garage space of not less than 10 feet in width by 20
feet in depth.
Richfield City Code (Zoning)
R District
514.15, Subd. 4
Subd. 4. Performance standards of Section 544. Developments shall be
constructed and maintained in accordance with the applicable performance
standards set out in Section 544 of this code.
Subd. 5. Design and overlay districts. All property located within a design
district or corridor overlay district shall be subject to such district's additional
requirements and/or modifications.
Richfield City Code (Zoning) 518.01
R-1 District
SECTION 518 -LOW-DENSITY SINGLE-FAMII,Y RESIDENTIAL
DISTRICT (R-1)
(ADDED, BILL NO.2007-19)
518.01. Purposes. The purposes of the R-1 District regulations are to reserve and
preserve appropriately located areas for larger lot single-family uses; ensure adequate
light, air, privacy and open space for each dwelling; minimize traffic congestion and
avoid the overloading of utilities by preventing the construction of buildings of excessive
size (or density) in relation to the surrounding land, buildings or infrastructure; and to
provide larger lot single-family residential areas that are safe, attractive and quiet..
518.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted
uses in the R-1 District.
Subd. 2. Single-family (detached) dwellings, except manufactured homes.
Subd. 3. Licensed day care facility serving 12 or fewer persons, or a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to
9502.0445, serving 14 or fewer children. Care facilities located within the R-1
District shall be subject to the same zoning regulations as single-family
dwellings in the R-1 District.
Subd. 4. State-licensed residential care facility serving six or fewer persons, or
a housing with services establishment registered under M.S. 144D serving six or
fewer persons. Care facilities located within the R-1 District shall be subject to
the same zoning regulations as single-family dwellings in the R-1 District.
518.05. Accessory building and use regulations. Subdivision 1. The uses listed in
this subsection are allowable accessory uses in the R-1 District.
Subd. 2. In addition to the general accessory building provisions of Subsection
509.09, the following rules apply to accessory buildings in the R-1 District:
a) No more than one (1) of each of the following shall be located on a
residential parcel: detached garage, greenhouse, storage building or
gazebo; and
b) No attached garage shall be greater in lot coverage than the dwelling
unit to which it is attached.
Richfield City Code (Zoning)
R-1 District
518.05, Subd. 3
Subd. 3. Private garages (includes attached and detached) or carports that do not
exceed 1,000 square feet in gross floor area, do not exceed an aggregate of 1,300
square feet in gross floor area when combined with all other accessory buildings
and attached garages on the lot, and are constructed in accordance with
Subdivision 2 of this subsection.
Subd. 4. Greenhouses, storage buildings, and gazebos that do not exceed 175
square feet in gross floor area, do not exceed an aggregate of 1,300 square feet in
gross floor area when combined with all other accessory buildings and attached
garages on the lot, are constructed in accordance with Subdivision 2 of this
subsection.
Subd. 5. Private swimming pools as defined in Section 420 of the city code,
provided that such swimming pools and related equipment be located:
a) At least ten feet from any rear lot line;
b) At least ten feet from any interior side lot line; and
c) At least 15 feet from any street side lot line:
Subd. 6. Private driveways, parking areas, turnaround areas, and sidewalks for
residential uses, provided the following conditions are met: (Amended, Bill No.
2005-8)
a) All such driveways, parking areas, turnaround areas, and sidewalks
shall be set back no less than one foot from any lot line abutting
another parcel, except that upon written request from the landowner,
the Director may reduce or rescind this setback requirement for
shared access agreements or with a finding of necessity and public
convenience; (Amended, Bill No. 2005-8)
b) All such driveways, parking areas, turnaround areas, and sidewalks
shall be constructed with concrete, asphalt, concrete pavers, brick set
in compacted sand, or other material approved by the Director;
(Amended, Bill No. 2005-8)
c) No parking area shall be permitted in the front yard area except as
allowed by paragraph d); (Amended, Bill No. 2005-8)
d) Within the front yard area, vehicles shall only be parked on the
driveway area; (Amended, Bill No. 2005-8)
e) Driveways, where located within the boulevard or the front yard area,
are subject to the following requirements:
(i) They shall not exceed 22 feet in width up to a maximum of
35% of the front yard area (curb cut radii excluded);
Richfield City Code (Zoning)
R-1 District
518.05, Subd. 6 (e)(ii)
(ii) Curb cut radii (five feet minimum) shall not encroach upon
the boulevard of abutting properties;
(iii) On corner lots, driveways shall be set back at least 30 feet
from an intersection, as measured from the point where the
extended curb lines of the streets intersect;
(iv) Only one curb cut shall be permitted from a public street to
an interior lot. A corner lot may have one curb cut from
each public street, provided the driveway setback
requirement in item (iii) above is met; and
(v) Upon written request from the landowner, items (i), (ii),
(iii), and (iv) above may be varied by the Director with a
finding of necessity and public convenience;
(Amended, Bill No. 2005-8)
f) Any expansion or installation of a driveway, parking or turnaround
area on a lot shall be subject to a city permit;
g) Any expansion, installation or replacement of a curb cut from a
public street to a lot shall be subject to a city permit and any curb cut
abandoned with the installation of a new cut shall be extinguished
and replaced with curb and gutter according to specifications
determined by the Director of Public Works, except as provided in (e)
(iv), provided the curb cut meets all requirements of (e) and is in
service for driveway or parking purposes; and (Added, Bill No.
1999-3, Amended, Bill No. 2005-8)
h) A turnaround area may be located within a front yard subject to the
requirements of this paragraph. The turnaround area is limited to the
front yard of arterial and collector streets only. The turnaround area
cannot exceed 150 square feet. The turnaround area must be
contiguous to the driveway. (Added, Bill No. 2005-8)
Subd. 7. The accommodation of one roomer in addition to the family, provided
that:
a) The roomer plus the family shall not exceed a total of five persons
(see definition of family);
b) Such arrangement does not constitute an accessory apartment; and
c) Adequate off-street parking is available.
Subd. 8. Home occupations that are operated in accordance with Section 509 of
this code.
Subd. 9. Roof-mounted television antennas.
Subd. 10. Minor public utilities.
Richfield City Code (Zoning) 518.07
R-1 District
518.07. Conditional uses. Subdivision 1. The uses listed in this subsection are
conditional uses in the R District, and are subject to the conditional use permit
provisions outlined in Section 547.09 of this code.
Subd. 2. Bed and breakfast inns, provided the following conditions are met:
a) No more than two rental rooms shall be provided;
b) At least two off-street parking spaces (may include garage stalls)
shall be provided for the residence, and at least one off-street parking
space shall be provided on the lot for each rental room;
c) Outdoor parking areas shall be screened with landscape materials;
and
d) The operator shall secure all applicable licenses and approvals from
the city, county, state, or other applicable jurisdictions before the
conditional use permit will become effective.
Subd. 3. Telecommunications towers are allowed only in the following
residentially zoned •areas:
a) Towers supporting amateur radio antennas and conforming to all
applicable provisions of Section 544.25 of this code shall be allowed
only in the rear yard of residentially zoned parcels; and
b} Towers supporting commercial antennas and conforming to all
applicable provisions of Section 544.25 this code shall be allowed only
in the following residentially zoned locations:
(i) Church sites, when camouflaged as steeples or bell towers;
(ii) Park sites, when compatible with the nature of the park; and,
(iii) Government, school, utility, and institutional sites, not including the
public right-of--way.
Subd. 4. Major public utilities.
518.09. Prohibited uses. Any land use not listed as permitted, accessory or conditional
in this Section or subsection 512.05 is prohibited in the R-1 District unless the use is
found to be substantially similar to a use listed, as determined by the city in accordance
with Section 509.21 of this code.
Richfield City Code (Zoning)
R-1 District
518.11
518.11. Lot Area, dimensions and coverage. Subdivision 1. The standards set out in
this subsection apply in the R-1 District.
Subd. 2. Minimum lot area, dimensions and coverage.
Land use Lot area Lot width Lot depth Max. lot Maximum
(sq. ft.) (feet) (feet) coverage impervious
surface
Single-Family 10,000 75 100 35 % 45
Subd. 3. ~ecial grandfather clause for certain R-1 lots. A lot that was a lot of
record on or before June 1, 1995, located in the R-1 District which does not meet
the minimum requirements set forth in this code as to area and dimensions, may
be used for single-family (detached) development provided that the width of
such lot is not less than 50 feet and such lot contains at least 6,000 square feet in
area.
518.13. Building setback and height. Subdivision 1. Standards. The standards set out
in. this subsection apply in the R-1 District.
Subd. 2. Building setback and maximum height (measurements in feet):
Maximum
Use Front Rear Interior Street / Height
Side Corner Side
Single-family building 30 25 10 15 35
(but see Subd. 3 and 5)
Accessory -garage (but 30 3 10 12 14'
see Subd. 3-6) (5 if utility
easement)
Accessory -non-garage 3 0 3 5 12 122
(but see Subd. 4 and 5) (5 if utility
easement)
' For garages, height is measured on the side of the building with the vehicle door. The storage height above
the parking area in a detached garage cannot exceed six (6) feet in height.
2 For non-garage accessory structures, height is measured from the ground level to the highest point of the
roof.
Subd. 3. Setback reductions for principal buildings. The following setback
reductions apply in the R-1 District:
a) On a corner lot, the street /corner side setback requirement shall be
the lesser of 15 feet or the established street side setback of the
existing principal building on the same lot. In any case the
provisions of paragraphs c) and d) of this subdivision shall be
applicable;
Richfield.City Code (Zoning)
R-1 District
518.13, Subd. 3 (b)
b) With respect to dwellings existing on or before June 1, 1995, the
interior side setback requirement may be reduced to not less than five
feet for the purpose of constructing an attached garage or a two-car
garage to replace asingle-car garage, provided the following
conditions are met:
(i) A letter of consent signed by the owner of the property that
abuts the interior lot line shall be submitted to the city;
(ii) The garage shall be located a distance of not less than 15
feet from any building on an abutting lot;
(iii) The width of the garage shall not exceed 22 feet, and the
length shall not exceed 26 feet;
(iv) A drainage plan shall be approved by the Engineering
Department prior to issuance of building permits.
c) Windows or window units may project a maximum of 24 inches into
a required front yard, street side yard, or rear yard of a dwelling,
provided that the floor area is not increased by more than ten square
feet, however, in no case shall they be closer than eight feet from any
lot line;
d) Those items classified as "not encroachments" in Section 509.09;
e) In required front yards, covered porches attached to the principal
building that extend no more than 10 feet, provided that the porch is
no closer than 20 feet from the front lot line and that the design of the
porch is approved by the Community Development Director. The
Community Development Director must make the following findings
to approve a porch encroachment up to 10 feet:
(i) The exterior materials of the proposed porch are consistent
or complementary in color, texture and quality with those
visible at the front of the dwelling;
(ii) The roof of the proposed porch is properly proportioned to
and integrated with the roof of the dwelling and has no less
than a 3/12 slope;
(iii)The base of the porch is not open and its appearance is
consistent with the base of the dwelling;
(iv) At least 65 percent of the exposed porch facade is open or
occupied by windows, screens, and/or doors of transparent
material; the facade constitutes the area from the floor level
of the porch to the porch ceiling; and
(v) Plans are prepared by a registered architect or reviewed by
the a design advisor selected by the Community
Development Department;
The Director may attach conditions to the approval of the porch
encroachment as needed to make the required findings; and
Richfield City Code (Zoning)
R-1 District
518.13, Subd. 3 (f)
f) In required residential street /corner side yards, covered porches
attached to the front of a principal building that extend no more than
10 feet, provided that the porch is no closer than 20 feet from the
street side lot line and that the design of the porch is approved by the
Community Development Director. The Director must make the
findings required by Section 518.13, Subd. 3(e). The Director may
attach conditions to the approval of the porch encroachment as
needed to make the required findings. (Added Bill No. 1998-12)
Subd. 4. Setback reductions for residential accessory buildings. The following
setback reductions apply in the R-1 District:
a) The interior side setback requirement for
accessory buildings located entirely five or more
feet beyond the rear building line of the principal
building may be reduced to three feet (Figure
12); and
b) On lots which provide alley access to the rear and
there is no utility easement, a detached garage
may be located no less than two feet from the rear
lot line, provided that the setback requirement of
Section 518.13, Subd. 6 of this code and all
building codes are met.
Rear Lot Line
r._.~._._._._._.l
i
!
3~~! ~ building i
Garage line ~
i
5 -i-- -- i
-----i---------- ---- -- - - -- i
T i House i
Interior i
Side i ~
i
Lot Line i i
~ i
i
Front Lot Line
Figure 12
Subd. 5. Additional setback requirement: all
structures located on a corner lot that abuts a_k~!
lot. On a corner lot which abuts a key lot, the
street /corner side setback requirement of such
corner lot shall be equal to the front setback of any
existing principal building on the key lot or 30 feet,
whichever is less, however, in no case shall such
street side setback requirement be less than 15 feet.
(Figure 13)
Corner lot
__ -___~- _ ____- -_ ~ "
"
streetside
~ ~ side lot Iine
o-
"' ° ®
required
-~ setback
~ ~ existing
Key lot ® tback
se
front
lot line --~
curb
Figure 13
Subd. 6. Additional setback requirement: vehicle access door facing a side or
rear lot line. Whenever any building (principal or accessory) is located in such a
manner that a vehicle access door faces a side or rear lot line, such side or rear
setback requirement shall be not less than 20 feet, except under the following
conditions:
Richfield City Code (Zoning)
R-1 District
518.13, Subd. 6 (a)
a) If a vehicle access door faces a street side lot line which abuts anon-
arterial or non-collector street, such street side setback requirement
shall be not less than 15 feet; or
b) If a vehicle access door faces a rear lot line which abuts an alley,
such rear setback requirement shall be not less than 15 feet; or
c) If a vehicle access door faces an interior side lot line on a lot that is
less than 45 feet in width, such interior side setback requirement shall
be not less than 15 feet.
518.15. Additional regulations. Subdivision 1. Standards. Developments shall be
constructed and maintained in accordance with the standards set out in this subsection.
Subd. 2. Dimensions and floor area. Dwellings constructed after June 1, 1995
shall be a minimum of 24 feet in length and width for at least 50 percent of each
distance as measured from outside wall surfaces, and shall contain a minimum of
1.100 square feet of gross floor area.
Subd. 3. Garage planning. Building plans submitted after June 1, 1995 for new
single-family dwellings shall include garage space for not less than two vehicles,
or shall designate area(s) on the lot for future construction of such garage space
that does not require any variances. For the purposes of this subdivision only,
each vehicle shall require a garage space of not less than 10 feet in width by 20
feet in depth.
Subd. 4. Performance standards of Section 544. Developments shall be
constructed and maintained in accordance with the applicable performance
standards set out in Section 544 of this code.
Subd. 5. Design and overlay districts. All property located within a design
district or corridor overlay district shall be subject to such district's additional
requirements and/or modifications.
Richfield City Code (Zoning)
MR-1 District
522.01
SECTION 522 -TWO-FAMII.Y RESIDENTIAL DISTRICT (MR-1)
(AnnEn, BILL No. 2007-19)
522.01 Purposes. The purposes of the MR-1 District regulations are to reserve
appropriately located areas for two-family residential dwellings; preserve as many as
possible of the desirable characteristics of the single-family residential district while
permitting higher population densities; provide opportunities for context-sensitive infill
cluster housing development and the use of cluster housing as a transition between land
uses, thereby allowing greater intensities and a wider variety of housing types; minimize
traffic congestion and avoid the overloading of utilities by preventing the construction of
buildings of excessive size (or density) in relation to the surrounding land, buildings, or
infrastructure; and to provide two-family residential areas that are safe, attractive and
quiet.
522.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted
uses in the MR-1 District.
Subd. 2. Two-family dwellings.
Subd. 3. Single-family (detached) dwellings, except manufactured homes.
Subd. 4. State-licensed day care facility serving 12 or fewer persons, or a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to
9502.0445, serving 14 or fewer children. Care facilities located within the MR-1
District shall be subject to the same zoning regulations as two-family dwellings
in the MR-1 District.
Subd. 5. State-licensed residential care facility serving six or fewer persons, or
a housing with services establishment registered under M.S. 144D serving six or
fewer persons. Care facilities located within the MR-1 District shall be subject
to the same zoning regulations as two-family dwellings in the MR-1 District.
522.05. Accessory building and use regulations. Subdivision 1. The uses listed in
this subsection are allowable accessory uses in the MR-1 District.
Subd. 2. In addition to the general accessory building provisions of Subsection
509.09, the following rules apply to accessory buildings in the MR-1 District:
a) The roof overhang leave projection) for accessory buildings shall not
be located closer than two (2) feet from any lot line;
b) No more than one (1) of each of the following shall be located on a
residential parcel: detached garage, greenhouse, storage building or
gazebo; and
Richfield City Code (Zoning)
MR-1 District
522.05, Subd. 2 (c)
c) No attached garage shall be greater in lot coverage than the dwelling
unit to which it is attached.
Subd. 3. Private garages (includes attached and detached) or carports that do not
exceed 1,000 square feet in gross floor area, do not exceed an aggregate of 1,200
square feet in gross floor area when combined with all other accessory buildings
and attached garages on the lot, and are constructed in accordance with
Subdivision 2 of this subsection.
Subd. 4. Greenhouses, storage buildings, and gazebos that do not exceed 175
square feet in gross floor area, do not exceed an aggregate of 1,200 square feet in
gross floor area when combined with all other accessory buildings and attached
garages on the lot, are constructed in accordance with Subdivision 2 of this
subsection.
Subd. 5. Private swimming pools as defined in Section 420 of the City Code,
provided that such swimming pools and related equipment be located:
a) At least ten feet from any rear lot line;
b) At least ten feet from any interior side lot line; and
c) At least 15 feet from any street side lot line.
Subd. 6. Private driveways, parking areas, turnaround areas, and sidewalks for
residential uses, provided the following conditions are met: (Amended, Bill No.
2005-8)
a) All such driveways, parking areas, turnaround areas, and sidewalks
shall be set back no less than one foot from any lot line abutting
another parcel, except that upon written request from the landowner,
the Director may reduce or rescind this setback requirement for
shared access agreements or with a finding of necessity and public
convenience; (Amended, Bill No. 2005-8)
b) All such driveways, parking areas, turnaround areas, and sidewalks
shall be constructed with concrete, asphalt, concrete pavers, brick set
in compacted sand, or other material approved by the Director;
(Amended, Bill No. 2005-8)
c) No parking area shall be permitted in the front yard area except as
allowed by paragraph d); (Amended, Bill No. 2005-8)
d) Within the front yard area, vehicles shall only be parked on the
driveway area; (Amended, Bill No. 2005-8)
e) Driveways, where located within the boulevard or the front yard area,
are subject to the following requirements:
Richfield City Code (Zoning)
MR-1 District
522.05, Subd. 6 (e)(i)
(i) They shall not exceed 22 feet in width up to a maximum of
35% of the front yard area (curb cut radii excluded);
(ii) Curb cut radii (five feet minimum) shall not encroach upon
the boulevard of abutting properties;
(iii) On corner lots, driveways shall be set back at least 30 feet
from an intersection, as measured from the point where the
extended curb lines of the streets intersect;
(iv) Only one curb cut shall be permitted from a public street to
an interior lot. A corner lot may have one curb cut from
each public street, provided the driveway setback
requirement in item (iii) above is met; and
(v) Upon written request from the landowner, items (i), (ii),
(iii), and (iv) above may be varied by the Director with a
finding of necessity and public convenience;
(Amended, Bill No. 2005-8)
f) Any expansion or installation of a driveway, parking or turnaround
area on a lot shall be subject to a city permit;
g) Any expansion, installation or replacement of a curb cut from a
public street to a lot shall be subject to a city permit and any curb cut
abandoned with the installation of a new cut shall be extinguished
and replaced with curb and gutter according to specifications
determined by the Director of Public Works, except as provided in (e)
(iv), provided the curb cut meets all requirements of (e) and is in
service for driveway or parking purposes; and (Added, Bill No.
1999-3, Amended, Bill No. 2005-8)
h) A turnaround area may be located within a front yard subject to the
requirements of this paragraph. The turnaround area is limited to the
front yard of arterial and collector streets only. The turnaround area
cannot exceed 150 square feet. The turnaround area must be
contiguous to the driveway. (Added, Bill No. 2005-8)
Subd. 7. Home occupations that are operated in accordance with Section 511 of
this code.
Subd. 8. Roof-mounted television antennas.
Subd. 9. Minor public utilities.
522.07. Conditional uses. Subdivision 1. The uses listed in this subsection are
conditional uses in the MR-1 District, and are subject to the conditional use permit
provisions outlined in Section 546.09 of this code.
Subd. 2. Cluster home developments, provided the following conditions are
met:
Richfield City Code (Zoning)
MR 1 District
522.07 Subd. 2 (a)
a) The design of the development must be compatible with the
surrounding neighborhood in terms of building materials,
architectural design, scale and mass of the structure, or other similar
urban design characteristics;
b) Landscaping must be provided in accordance with the Performance
Standards Section of this code;
c) Two off-street parking spaces, at least one of which must be
enclosed in a garage, must be provided for each dwelling unit.
(Added, Bill No. 2002-11)
d) There must be a minimum of 500 square feet of outdoor open space
provided on the lot per dwelling unit;
e) The.number and location of driveways and curb cuts shall minimize
conflict with vehicular traffic and should not adversely impact
adjacent land uses;
f) The density of the development may not exceed the density
recommended in the comprehensive plan; and (Added, Bill No.
1996-22)
Subd. 3. Public or private elementary and high schools, and other similar
learning institutions provided the following conditions axe met:
a) The use site shall abut a collector or arterial street or be located such
that signif cant traffic will not be generated on local residential
streets;
b) Pick-up and drop-off areas shall be designed to enhance vehicular
and pedestrian safety;
c) Outdoor recreational facilities designed for group activities shall be
.set back at least 40 feet from any lot line;
d) Buffering shall be provided to mitigate noise and adverse visual
impacts on adjacent properties; and
e) Lighted playing fields shall be permitted only upon demonstration
that off-site impacts can be substantially mitigated. (Added, Bill No.
1998-10}
Subd. 4. Religious institutions and related convents or parsonages, provided the
following conditions are met:
a) The use site shall abut a collector or arterial street or be located such
that significant traffic will not be generated on local residential
streets;
Richfield City Code (Zoning)
MR-1 District
522.07, Subd. 4 (b)
b) Outdoor facilities designed for group activities shall be set back at
least 40 feet from any lot line; and
c) Buffering shall be provided to mitigate noise and adverse visual
impacts on adjacent properties. (Added, Bill No. 1998-10)
Subd. 5. Governmental buildings and public libraries.
Subd. 6. Emergency shelters within non-residential buildings (e.g., schools or
churches) provided the following conditions are met:
a) The shelter shall serve no more than 16 persons at one time; and
b) Meals for those served by the shelter shall be prepared in a kitchen
approved for commercial use.
Subd. 7. State-licensed day care facility serving from 13 though 16 persons,
provided the following conditions are met:
a) The use site shall abut a collector or arterial street or be located such
that significant traffic will not be generated on local residential
streets;
b) Designated pick-up and drop-off areas shall be located on the site;
and
c) Outdoor play areas shall be set back at least 15 feet from any lot line
which abuts a residential parcel.
Subd. 8. State-licensed residential care facility serving from 7 through 16
persons. Care facilities located within the MR-1 District shall be subject to the
same zoning regulations as two-family dwellings in the MR-1 District.
Subd. 9. Telecommunications towers. Towers shall be allowed only in the
following residentially zoned areas:
a) Towers supporting amateur radio antennas and conforming to all
applicable provisions of Section 541.25 of this code shall be allowed
only in the rear yard of residentially zoned parcels.
b) Towers supporting commercial antennas and conforming to all
applicable provisions of Section 541.25 this code shall be allowed
only in the following residentially zoned locations:
(i) Church sites, when camouflaged as steeples or bell towers;
(ii) Park sites, when compatible with the nature of the park; and,
(iii) Government, school, utility, and institutional sites, not including
the public right-of--way.
Subd. 10. Major public utilities. (Amended, Bill No. 1998-10)
Richfield City Code (Zoning)
MR-1 District
522.09
522.09. Prohibited Uses. Any land use not listed as permitted, accessory or conditional
in this Section or subsection 516.05 is prohibited in the MR-1 District unless the use is
found to be substantially similar to a use listed, as determined by the city in accordance
with Section 511.21 of this code.
522.11. Lot area, dimensions and coverage. Subdivision 1. Standards. The standards
set out in this subsection apply in the MR-1 District.
Subd. 2. Minimum lot area, dimensions and coverage.
Land use Lot area Lot width Lot depth Max. lot Maximum
(sq.ft.) (feet) (feet) coverage impervious
surface
Single-family 6,700 50 100 35 % 45
Two-family 10,000 75 100 35 % 45
Cluster home
developments in R- 2,900 60 100 35 % 75 % ~
SFH guided area per unit
i
Cluster home
developments in 4,000 60
non-R-SFH guided per unit 100 35 % 75 % 3
area '
Non-residential 40,000 150 100 50 % 85
Subd. 3. ~ecial grandfather clause for certain MR-1 lots. A lot that was a lot
of record on or before June 1, 1995 located in the MR-1 District which does not
meet the minimum requirements set forth in this code as to area and dimensions,
may be used for. two-family development provided that the width of such lot is
not less than 65 feet and such lot contains at least 8,500 square feet in area.
Richfield City Code (Zoning)
MR-1 District
522.13
522.13. Building setback and height. Subdivision 1. Standards. The standards set out
in this subsection apply in the MR-1 District.
Subd. 2. Building setback and maximum height (all measurements in feet):
Interior Street Maximum
Use Front Rear Side Side Hei ht
Single-family (but 30 25 10 15 25
see Subd. 3 and 5)
Two-family (but see 30 25 10 15 25
Subd. 3 and 5)
Cluster home 50 ft. from
developments in R- centerline 25 10 15 25 (but see
SFH guided area of Subd. 7)
(but see Subd. 3 and originally
5)t platted
street
Cluster home 30 25 10 15 25 (but see
developments in Subd. 7)
non-R-SFH guided
area (but see Subd. 3
and 5)t
Accessory -garage 30 3 10 15 25
(but see Subd. 3 - 6) (5 if utility
easement
Accessory -non- 30 0 10 15 12
garage less than 120 (5 if utility
square feet (but see easement)
Subd. 5) ,
Accessory non- 30 3 10 15 14
garage structure (but (5 if utility
see Subd. 4 and 5) easement)
Non-residential 40 30 30 30 42
building (but see
Subd. 5)
Accessory building 40 10 10 30 15 •3
to non-residential
use (but see Subd. 5)
'Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks
between attached and detached units within a clustee home development must comply with applicable
building and fire codes. (Added, Bill No. 1996-22)
z For garages, height is measured on the side of the building with the vehicle door. The storage height
above the parking area in a detached garage cannot exceed six (6) feet in height.
3 For non-garage accessory structures, height is measured from the ground level to the highest point of the
roof.
Richfield City Code (Zoning)
MR-1 District
522.13, Subd. 3
Subd. 3. Setback reductions for principal buildings. The following setback
reductions apply in the MR-1 District:
a) On a corner lot, the street side setback requirement shall be the
lesser of 15 feet or the established street side setback of the existing
principal building on the same lot for single-family, two-family and
cluster home development structures;
(Amended, Bill No. 1996-22)
b) The front setback requirement for a new single-family dwelling,
two-family dwelling or cluster home on a lot may be reduced to not
less than the average existing front setback of the dwelling(s) which
front on the same street and abut such lot, to a minimum setback of
20 feet; (Added, Bill No. 1996-22)
c) With respect to single-family homes existing on or before June 1,
1995, the interior side setback requirement may be reduced to not less
than three feet for the purpose of constructing an attached garage or a
two-car garage to replace asingle-car garage, provided the following
conditions are met:
(i) A letter of consent signed by the owner of the property that
abuts the interior lot line shall be submitted to the city;
(ii) The garage shall be located a distance of not less than eight
feet from any building on an abutting lot;
(iii) The width of the garage shall not exceed 20 feet, and the
length shall not exceed 26 feet;
(iv) The garage wall most parallel and adjacent to the interior
lot line shall have no more than aone-foot roof overhang
leave projection);
(v) The garage wall most parallel and adjacent to the interior
lot line shall be constructed with no openings, and with
materials which provide a one hour fire rating; and
(vi) A drainage plan shall be approved by the Engineering
Department prior to issuance of building permits.
d) Windows and window units may project a maximum of 24 inches
into a required front yard, street side yard, or rear yard, provided the
floor area of the dwelling is not increased by more than ten square
feet, however, in no case shall they be closer than eight feet from
any lot line; and
e) Those items classified as "not encroachments" in Section 511.09.
f) The setback requirements for cluster home developments may be
reduced to 25 feet in the front and 12 feet in the rear if the following
criteria are met:
Richfield City Code (Zoning)
MR-1 District
522.13, Subd. 3 (f)(i)
(i) The applicant can demonstrate that a superior design is
achieved through the reduced setback. Evidence of a
superior design may include but is not limited to the
preservation of a natural feature, creation of an amenity,
creation of public open space, or incorporation of special
features to meet the needs of the target population;
(ii) The reduced setback does not adversely affect the
surrounding neighborhood in terms of a decrease in privacy,
noise, overcrowding, or other similar impacts; and
(iii)The impact of the reduced setback is minimized through the
presence of features such as landscaping or other means of
buffering, a limited number of building openings in the
portion of the structure that infringes upon the setback,
building orientation, minimized garage door dominance or
other similar features.
(Added; Bill No. 1996-22) .
g) In required residential front yards, covered porches attached to the
principal building that extend no more than 10 feet, provided that the
porch is no closer than 20 feet from the front lot line and that the
design of the porch is approved by the Community Development
Director. The Community Development Director must make the
following findings to approve a porch encroachment up to 10 feet:
(i) The exterior materials of the proposed porch are consistent
or complementary in color, texture and quality with those
visible at the front of the dwelling;
(ii) The roof of the proposed porch is properly proportioned to
and integrated with the roof of the dwelling and has no less
than a 3/12 slope;
(iii)The base of the porch is not open and its appearance is
consistent with the base of the dwelling;
(iv) At least 65 percent of the exposed porch facade is open or
occupied by windows, screens, and/or doors of transparent
material; the facade constitutes the area from the floor level
of the porch to the porch ceiling; and
(v) Plans are prepared by a registered architect or reviewed by
the a design advisor selected by the Community
Development Department;
The Director may attach conditions to the approval of the porch
encroachment as needed to make the required findings; and
(Added, Bill No. 1998-12)
Richfield City Code (Zoning)
MR-1 District
522.13, Subd. 3 (h)
h) In required residential street side yards, covered porches attached to
the front of a principal building that extend no more than 10 feet,
provided that the porch is no closer than 20 feet from the street /
corner side lot line and that the design of the porch is approved by the
Community Development Director. The Director must make the
findings required by Section 522.13, Subd. 3. The Director may
attach conditions to the approval of the porch encroachment as
needed to make the required findings.
(Added, Bill No. 1998-12)
Subd. 4. Setback reductions for residential accessory buildings. The following
setback reductions apply in the MR-1 district:
a) The interior side setback
requirement for accessory
buildings located entirely five or
more feet beyond the rear
building line of the principal
building may be reduced to three
feet.
b)
On lots which provide alley ~;
access to the rear and there is no -' '-'-' `'-
Front Lot Llne
utility easement, a detached
garage may be located no less Figure 14
than two feet from the rear lot
line, provided that the setback requirement of Section 522.13, Subd.
6, of this code and all building codes are met.
Subd. 5. Additional setback
reauirement: all structures located on a
corner lot that abuts a kev lot. On a
corner lot which abuts a key lot, the
street side setback requirement of such
corner lot shall be equal to the front
setback of any existing principal
building on the key lot or 30 feet,
whichever is less, however, in no case
shall such street side setback
requirement be less than 15 feet.
Comer lot
*
-- -___
_ _ -_-_ -_~ "
I "streetslde
.~ 5 ~ side lot Ilne
'ts ® required
-~
I setback
~ ~ exlsdng
Key lot ® ~ etbac
s
k
f
Ilne --~h
lo
curb
Figure 15
Subd. 6. Additional setback requirement: vehicle access door facing a side or
rear lot line. Whenever any building (principal or accessory) is located in such a
manner that a vehicle access door faces a side or rear lot line, such side or rear
setback requirement shall be not less than 20 feet, except under the following
conditions:
Rear Lot Line
! rear i
3~~! ~ building i
y i Garage line !
-5.-i-
i
T ! House T
Interior
Side i i
Lot Llne i ~
i
i
Richfield City Code (Zoning)
MR-1 District
522.13, Subd. 6 (a)
a) If a vehicle access door faces a street side lot line which abuts anon-
arterial or non-collector street, such street side setback requirement
shall be not less than 15 feet; or
b) If a vehicle access door faces a rear lot line which abuts an alley,
such rear setback requirement shall be not less than 15 feet; or
c) If a vehicle access door faces an interior side lot line on a lot that is
less than 45 feet in width, such interior side setback requirement shall
be not less than 15 feet.
Subd. 7. Additional height for non-residential buildings. The following height
exceptions apply to non-residential buildings in the R District:
a) The maximum building height may be increased to no more than 75
feet, provided that the required setbacks shall be increased by one
foot for each foot of building height in excess of 42 feet; and
b) Notwithstanding paragraph a) above, the maximum height for
towers, spires, or water tanks may be increased to no more than 150
feet provided that such structure does not exceed 15 percent lot
coverage or 1,600 square feet in gross area at the base, whichever is
less.
Subd. 8. Maximum height increase for cluster housin dg evelopments. The
maximum height for primary buildings in a cluster housing developments may be
increased one foot for every foot the primary building is located from the 25 foot
rear set-back, up to a maximum of 35 feet, if the increased height is in harmony
with the surrounding neighborhood and if the increased height does not
adversely affect the surrounding neighborhood in terms of a decrease in privacy,
noise, overcrowding, or other similar impacts. (Added, Bill No. 1996-22;
Amended, Bill No. 2002-11)
522.15. Additional regulations. Subdivision 1. Standards. Developments shall be
constructed and maintained in accordance with the standards set out in this subsection.
Subd. 2. Dimensions and floor area. Single-family and two-family dwellings
constructed after June 1, 1995, shall be a minimum of 24 feet in length and width
for at least 50 percent of each distance as measured from outside wall surfaces,
and shall contain a minimum of 960 square feet of gross floor area per unit.
Dwellings in cluster housing developments shall be a minimum of 16 feet in
width for attached units. (Amended, Bill No. 1996-22)
Subd. 3. Outdoor Open Space Requirement. There shall be a minimum of 600
square feet of outdoor open space provided on the lot per dwelling unit in the
MR-1 District. This requirement shall be increased by 100 square feet for each
bedroom in excess of two per dwelling unit.
Richfield City Code (Zoning)
MR-1 District
522.15, Subd. 4
Subd. 4. Garage planning. Building plans submitted after June 1, 1995 for new
single-family dwellings shall include garage space for not less than two vehicles,
or shall designate area(s) on the lot for future construction of such garage space
that does not require any variances. For the purposes of this subdivision only,
each vehicle shall require a garage space of not less than 10 feet in width by 20
feet in depth.
Subd. 5. Parking requirement. For two-family, twin home dwellings and cluster
home developments, there shall be provided on the site at least two parking
spaces per dwelling unit, of which at least one space per dwelling shall be
enclosed in a garage. (Amended, Bill No. 1996-22)
Subd. 6. Performance standards of Section 541. Developments shall be
constructed and maintained in accordance with the applicable performance
standards set out in Section 541 of this code.
Subd. 7. Design or overlay districts. All property located within a design
district or corridor overlay district shall be subject to such district's additional
requirements and/or modifications.
Richfield City Code (Zoning)
MR-2 District
525.01
SECTION 525 -MULTI-FAMII.Y RESIDENTIAL DISTRICT (MR-2)
(ADDED, BILL NO.2007-191
525.01. Purposes. The purposes of the MR-2 District regulations are to reserve
appropriately located areas for multi-family dwellings; preserve as many as possible of
the desirable characteristics of the single-family residential district while permitting
higher population densities; provide opportunities for infill cluster housing development,
thereby allowing greater intensities and a wider variety of housing types; minimize
traffic congestion and avoid the overloading of utilities by preventing the construction of
buildings of excessive size (or density) in relation to the surrounding land, buildings, or
infrastructure; and to provide multi-family residential areas that are safe and attractive.
525.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted
uses in the MR-2 District.
Subd. 2. Multi-family dwellings (excluding cluster home developments) with
eight or fewer units. (Amended, Bill No. 1996-22)
Subd. 3. State-licensed day care facility serving 12 or fewer persons, or a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to
9502.0445, serving 14 or fewer children. Care facilities located within the MR-2
District shall be subject to the same zoning regulations as multi-family dwellings
in the MR-2 District.
Subd. 4. State-licensed residential care facilities serving up to 6 persons or a
housing with services establishment registered under M.S. 144D serving up to 6
persons. Care facilities located in the MR-2 District shall be subject to the same
zoning regulations as multi-family dwellings in the MR-2 District.
525.05. Accessory building and use regulations. Subdivision 1. The uses permitted in
this subsection are allowable accessory uses in the MR-2 District.
Subd. 2. In addition to the general accessory building provisions of Subsection
509.09, the following rules apply to accessory buildings in the MR-2 District.
a) The maximum height for accessory buildings shall be 15 feet;
b) For non-garage accessory structures, height is measured from the
ground level to the highest point of the roof. For garages, that
measurement is taken on the side of the building with the vehicle
door; and
Richfield City Code (Zoning)
MR-2 District
525.05, Subd. 2 (c)
c) Accessory buildings shall be set back a minimum of 10 feet from
any rear or interior side lot line, except that if a vehicle access door.
faces a rear or interior side lot line, such rear or interior side setback
requirement shall be not less than ZO feet;
Subd. 3. Open parking or garages as approved through Site Plan Review.
Subd. 4. Swimming pools subject to Section 420 of the city code, tennis courts,
and similar recreational facilities.
Subd. 5. Storage buildings designed for common use by residents or members
of the homeowners association or similar organization, or for use by the
maintenance staff for storage or as a workshop associated with normal upkeep of
the property.
Subd. 6. Home occupations that are operated in accordance with Section 509 of
this code.
Subd. 7. Roof-mounted television antennas.
Subd. 8. Minor public utilities.
525.07. Conditional uses. Subdivision 1. The uses listed in this subsection are
conditional uses in the MR-2 District, and are subject to the conditional use permit
provisions outlined in Section 547.09 of this code.
Subd. 2. Multi-family dwellings with nine to 25 units.
Subd. 3. Cluster home developments, provided that the following conditions are
met:
a) The design of the development shall be in harmony with the
surrounding neighborhood in terms of building materials,
architectural design, scale and mass of the structure, or other similar
urban design characteristics;
b) Two off-street parking spaces, at least one of which must be enclosed
in a garage, shall be provided for each dwelling unit. (Added, Bill
No. 2002-11)
c) The number and location of driveways and curb cuts shall minimize
conflict with vehicular traffic and should not adversely impact
adjacent land uses;
d) The density of the development shall not exceed the density
recommended in the comprehensive plan. (Added, Bill No. 1996-22)
Subd. 4. Public or private elementary and high schools, and other similar
learning institutions, provided the following conditions are met:
Richfield City Code (Zoning)
MR-2 District
525.07, Subd. 4 (a)
a) The use site shall abut a collector or arterial street or be located such
that significant traffic will not be generated on local residential
streets;
b) Pick-up and drop-off areas shall be designed to enhance vehicular
and pedestrian safety;
c) Outdoor recreational facilities designed for group activities shall be
set back at least 40 feet from any lot line;
d) Buffering shall be provided to mitigate noise and adverse visual
impacts on adjacent properties; and
e) Lighted playing fields shall be permitted only upon demonstration
that off-site impacts can be substantially mitigated. (Added, Bill No.
1998-10)
Subd. 5. Religious institutions and related convents or parsonages, provided the
following conditions are met:
a) The use site shall abut a collector or arterial street or be located such
that significant traffic will not be generated on local residential
streets;
b) Outdoor facilities designed for group activities shall be set back at
least 40 feet from any lot line; and
c) Buffering shall be provided to mitigate noise and adverse visual
impacts on adjacent properties. (Added, Bill No. 1998-10)
Subd. 6. Governmental buildings and public libraries.
Subd. 7. Emergency shelters within non-residential buildings (e.g., schools or
churches) provided the following conditions are met:
a) The shelter shall serve no more than 16 persons at one time; and
b) Meals for those served by the shelter shall be prepared in a kitchen
approved for commercial use.
Subd. 8. State-licensed day care facilities located in common areas of multi-
family buildings serving up to 16 persons provided that designated pick-up and
drop-off areas shall be located on the site.
Subd. 9. State-licensed residential care facility serving from 7 to 16 persons.
Care facilities located within the MR-2~District shall be subject to the same
zoning regulations as multi-family dwellings in the MR-2 District.
Richfield City Code (Zoning)
MR-2 District
525.07, Subd. 10
Subd. 10. Telecommunications towers. Towers shall be allowed only in the
following residentially zoned areas:
a) Towers supporting amateur radio antennas and conforming to all
applicable provisions of Section 544.25 of this code shall be allowed
only in the rear yard of residentially zoned parcels.
b) Towers supporting commercial antennas and conforming to all
applicable provisions of Section 544.25 this code shall be allowed
only in the following residentially zoned locations:
(i) Church sites, when camouflaged as steeples or bell towers;
(ii) Park sites, when compatible with the nature of the park; and,
(iii) Government, school, utility, and institutional sites, not including
the public right-of--way.
Subd. 11. Major public utilities. (Amended, Bill No. 1998-10)
525.09. Prohibited Uses. Any land use not listed as permitted, accessory or conditional
in this Section or subsection 512.05 is prohibited in the MR-2 District unless the use is
found to be substantially similar to a use listed, as determined by the city in accordance
with Section 509.21 of this code.
Richfield City Code (Zoning)
MR-2 District
525.11
525.11. Dimensional and parking regulations for multi-family structures excluding
cluster home developments). Subdivision 1. The standards set out in this subsection
apply in the MR-2 District.
Minimum 15,000 sq. ft.
lot size
Minimum 2,500 square feet per unit, adjusted as follows:
lot area
a) For each parking stall under the multi-family structure or underground,
subtract 500 square feet per dwelling unit from the minimum lot area per
dwelling unit, but the total number of such subtractions shall not exceed the
number of dwelling units.
b) For each bedroom in excess of two in any one dwelling unit, add 500
s ware feet to the minimum lot area er dwellin unit.
Minimum 75 feet
lot width
Minimum a) Efficiency - 400 square feet per unit.
floor area b) One-bedroom - 550 square feet per unit.
c) Two-bedroom - 750 square feet per unit.
d) More than two bedrooms -add 150 square feet per bedroom to that required
for a two bedroom dwellin unit.
Maximum 35 feet
buildin hei ht
Maximum 30
lot coverage
(principal
structure
Outdoor a) Two or fewer bedrooms:
open space 325 square feet minimum per dwelling unit.
requirements b) Three or more bedrooms:
425 square feet minimum per dwelling unit.
c) Balconies and porches with at least 70 square feet and seven feet in width
which are directly accessible by individual dwelling units may be counted
as contributing 175 square feet to the outdoor open space requirements
listed above.
Minimum a) Front: 30 feet.
setbacks b) Side -
i) Interior: the height of building or 20 feet, whichever is greater.
ii) Street: 30 feet
c) Rear: the height of building or 25 feet, whichever is greater
Richfield City Code (Zoning)
MR-2 District
525.11, Subd. 2
Subd. 2. Minimum parking for multi-family structures (excluding cluster home
develompents): Two ofF-street parking spaces shall be provided for each
dwelling unit. The Council, at its discretion, may reduce the minimum required
parking to not less than 1.5 parking spaces per unit for multi-family structures
with seven or more units, after consideration of factors including but not limited
to the present or future availability of transit services, shared parking, pedestrian
orientation, and occupancy characteristics. In addition, the Council may further
reduce the parking requirement for senior housing complexes.
525.13. Dimensional and parlcin~ regulations for cluster home developments.
Subdivision 1. The standards set out in this subsection apply to cluster home
developments in the MR-2 District.
Minimum a) Three-unit structure in area not designated as "High
lot area Density Single-Family Residential" in the city's
comprehensive plan: 3,500 square feet per unit.
b) Four-unit structure in area not designated as "High
Density Single-Family Residential" in the city's
comprehensive plan: 3,000 square feet per unit.
c) Three or four-unit structure in area designated as "High
Density Single-Family Residential" in the city's
comprehensive plan: 2,900 square feet per unit.
d) Five or more unit structure: 2,500 square feet per unit.
Amended, Bill No. 2002-11)
Minimum 60 feet.
lot width
Minimum a) One-bedroom - 650 square feet per unit.
floor area
b) Two-bedroom - 850 square feet per unit.
c) Three or more bedrooms - 1,000 s uare feet er unit.
Maximum 35 feet.
buildin hei ht
Maximum 35 percent.
lot covera e
Outdoor a) Two or fewer bedrooms: 325 square feet minimum per
open space dwelling unit.
requirements b) Three or more bedrooms: 425 square feet minimum per
dwelling unit.
c) Balconies, porches and decks with at least 70 square feet
in area and six feet in width which are directly
accessible by individual dwelling units may be counted
as contributing 70 square feet to the outdoor open space
re uirements listed above
Richfield City Code (Zoning)
MR-2 District
525.13, Subd. 2
Subd. 2. Setback requirements for cluster home developments (in feet):
Use Front Rear Interior
Side Street Side
Cluster home
developments in R- 10 25 10 15
SFH guided area
but see Subd. 3
Cluster home
developments in 30 25 20 30
non-R-SFH guided
area. (but see Subd.
3
(Amended, Bill No. 2002-11)
Subd. 3. Setback reductions: the setback requirements for cluster home
developments may be reduced to 25 feet in the front, five feet for the side
interior and 12 feet in the rear if the following criteria are met:
a) The applicant can demonstrate that a superior design is achieved
through the reduced setback. Evidence of a superior design may
include but is not limited to the preservation of a natural feature,
creation of an amenity, creation of public open space, or
incorporation of special features to meet the needs of the target
population;
b) The reduced setback does not adversely affect the surrounding
neighborhood in terms of a decrease in privacy, noise,
overcrowding, or other similar impacts;
c) The impact of the reduced setback is minimized through the
presence of features such as landscaping or other means of
buffering, a limited number of building openings in the portion of
the structure that infringes upon the setback, building orientation,
minimized garage door dominance, or other similar features.
Subd. 4. Minimum~arking for cluster home developments: Two off-street
parking spaces, at least one of which shall be in a garage, shall be provided for
each dwelling unit. The Council, at its discretion, may reduce the minimum
required parking to not less than 1.5 parking spaces per unit after consideration
of factors including but not limited to the present or future availability of transit
services, shared parking, pedestrian orientation, and occupancy characteristics.
In addition, the Council may further reduce the parking requirement for projects
designed to serve seniors. (Amended, Bill No. 1996-22)
Richfield City Code (Zoning)
MR-2 District
525.15
525.15. Dimensional resulations for non-residential uses. Subdivision 1. Standards.
The standards set out in this subsection apply to non-residential uses in the MR-2
District.
Minimum
lot
size Minimum
lot
width Mazimum
-lot
covera a Mazimum
building .
hei ht Minimum setbacks
15,000 75 feet 30 % 35 feet a) Front: 30 feet.
square feet
b) Side:
i) Interior: 20 feet
ii) Street: 30 feet
c Rear: 25 feet.
525.17. Additional regulations. Subdivision 1. Developments shall be constructed and
maintained in accordance with the standards set out in this subsection.
Subd. 2. Limit to number of efficiency units. No more than 20 percent of the
dwelling units in any one building shall be efficiency dwelling units.
Subd. 3. Performance standards of Section 544. Developments shall be
constructed and maintained in accordance with the applicable performance
standards set out in Section 544 of this code.
Subd. 4. Desigr- or overlay districts. All property located within a design
district or corridor overlay district shall be subject to such district's additional
requirements and/or modifications.
Richfield City Code (Zoning)
MR-3 District
527.01
SECTION 527 -HIGH-DENSITY RESIDENTIAL DISTRICT (MR-3)
(ADDED, BILL NO.2007-19)
527.01. Purposes. The purposes of the MR-3 District regulations are to reserve
appropriately located areas for family living in a variety of types of dwellings at a
reasonable range of population densities; preserve as many as possible of the desirable
characteristics of the single-family district, while permitting higher population densities;
provide space for semi-public facilities needed to complement urban residential areas
and space for institutions that require a residential environment; minimize traffic
congestion and avoid the overloading of utilities by preventing the construction of
buildings of excessive size in relation to the surrounding infrastructure; and to provide
multi-family residential areas that are safe and attractive.
527.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted
uses in the MR-3 District.
Subd. 2. Multi-family dwellings with 20 or fewer units.
Subd. 3. State-licensed day care facility serving 12 or fewer persons, or a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to
9502.0445, serving 14 or fewer children. Care facilities located within the MR-3
District shall be subject to the same zoning regulations as multi-family dwellings
in the MR-3 District.
Subd. 4. State-licensed residential care facilities serving up to 6 persons or a
housing with services establishment registered under M.S. 144D serving up to 6
persons. Care facilities located in the MR-3 District shall be subject to the same
zoning regulations as multi-family dwellings in the MR-3 District.
527.05. Accessory building and use regulations. Subdivision 1. The uses permitted in
this subsection are allowable accessory uses in the MR-3 District.
Subd. 2. In addition to the general accessory building provisions of Subsection
509.09, the following rules apply to accessory buildings in the MR-3 District.
a) The maximum height for accessory buildings shall be 15 feet;
b) For non-garage accessory structures, height is measured from the
ground level to the highest point of the roof. For garages, that
measurement is taken on the side of the building with the vehicle
door; and
Richfield City Code (Zoning)
MR-3 District
527.05, Subd. 2 (c)
c) Accessory buildings shall be set back a minimum of 10 feet from
any rear or interior side lot line, except that if a vehicle access door
faces a rear or interior side lot line, such rear or interior side setback
requirement shall be not less than 20 feet.
Subd. 3. Open parking or garages as approved through site plan review.
Subd. 4. Swimming pools subject to Section 420 of the city code, tennis courts,
and similar recreational facilities.
Subd. 5. Storage buildings designed for common use by residents or members
of the homeowners association or similar organization, or for use by the
maintenance staff for storage or as a workshop associated with normal upkeep of
the property.
Subd. 6. One leasing, sales, or management office per development, provided it
is used solely for leasing, sales, or management of units within the development,
does not exceed 2,000 square feet of floor area, and is an integral part of the
development.
Subd. 7. Home occupations that are operated in accordance with Section 509 of
this code.
Subd. 8. Roof-mounted television antennas
Subd. 9. Minor public utilities.
527.07. Conditional uses. Subdivision 1. The uses listed in this subsection are
conditional uses in the MR-3 District, and are subject to the conditional use permit
provisions outlined in Section 547.09 of this code.
Subd. 2. Multi-family dwellings with more than 20 units.
Subd. 3. Accessory state-licensed foster family homes serving more than three
children, or otherwise permitted by law.
Subd. 4. Public or private elementary and high schools, and other similar
learning institutions, provided the following conditions are met:
a) The use site shall abut a collector or arterial street or be located such
that significant traffic will not be generated on local residential
streets;
b) Pick-up and drop-off areas shall be designed to enhance vehicular
and pedestrian safety;
c) Outdoor recreational facilities designed for group activities shall be
set back at least 40 feet from any lot line;
Richfield City Code (Zoning)
MR-3 District
527.07, Subd. 4 (d)
d) Buffering shall be provided to mitigate noise and adverse visual
impacts on adjacent properties; and
e) Lighted playing fields shall be permitted only upon demonstration
that off-site impacts can be substantially mitigated. (Added, Bill No.
1998-10)
Subd. 5. Religious institutions and related convents or parsonages, provided the
following conditions are met:
a) The use site shall abut a collector or arterial street or be located such
that significant traffic will not be generated on local residential
streets;
b) Outdoor facilities designed for group activities shall be set back at
least 40 feet from any lot line; and
c) Buffering shall be provided to mitigate noise and adverse visual
impacts on adjacent properties. (Added, Bill No. 1998-10)
Subd. 6. Governmental buildings and public libraries.
Subd. 7. Emergency shelters within non-residential buildings (e.g., schools or
churches) provided the following conditions are met:
a) The shelter shall serve no more than 16 persons at one time; and
b) Meals for those served by the shelter shall be prepared in a kitchen
approved for commercial use.
Subd. 8. State-licensed day care facilities located in common areas of multi-
family buildings serving up to 16 persons provided that designated pick-up and
drop-off areas shall be located on the site.
Subd. 9. State licensed residential care facility serving from 7 to 16 persons.
Care facilities located within the MR-3 District shall be subject to the same
zoning regulations as multi-family dwellings in the MR-3 District.
Subd. 10. Telecommunications towers. Towers shall be allowed only in the
following residentially zoned areas:
a) Towers supporting amateur radio antennas and conforming to all
applicable provisions of Section 544.25 of this code shall be allowed
only in the rear yard of residentially zoned parcels.
b) Towers supporting commercial antennas and conforming to all
applicable provisions of Section 544.25 this code shall be allowed
only in the following residentially zoned locations:
Richfield City Code (Zoning)
MR-3 District
527.07, Subd. 10 (b)(i)
(i) Church sites, when camouflaged as steeples or bell towers;
(ii) Park sites, when compatible with the nature of the park; and,
(iii) Government, school, utility, and institutional sites, not including
the public right-of--way.
Subd. 11. Major public utilities. (Amended, Bill No. 1998-10)
527.09. Prohibited uses. Any land use not listed as permitted, accessory or conditional
in this chapter or subsection 512.05 is prohibited in the MR-3 District unless the
use is found to be substantially similar to a use listed, as determined by Section
509.21 of this code.
Richfield City Code (Zoning)
MR-3 District
527.11. Dimensional and parking regulations for multiple-family structures.
Subdivision 1. The standards set out in this subsection apply in the MR-3
District.
527.11
Minimum 60,000 sq. ft.
lot size
Minimum 2,000 square feet per unit, adjusted as follows:
lot area
a) For each parking stall under the multi-family structure or
underground, subtract 500 square feet per dwelling unit from the
minimum lot area per dwelling unit, but the total number of such
subtractions shall not exceed the number of dwelling units.
b) For each bedroom in excess of two in any one dwelling unit, add
500 square feet to the minimum lot area per dwelling unit.
Minimum 150 feet
lot width
Minimum a) E~ificiency - 400 square feet per unit.
floor area b) One-bedroom - 550 square feet per unit.
c) Two-bedroom - 750 square feet per unit.
d) More than two bedrooms -add 150 square feet per bedroom to
that required for a two bedroom dwelling unit.
Maximum 50 feet
building
hei ht
Maximum 30
lot coverage
(principal
structure
Outdoor a) Two or fewer bedrooms:
open space 300 square feet minimum per dwelling unit.
requirements b) Three or more bedrooms:
400 square feet minimum per dwelling unit.
c) Balconies and porches with at least 70 square feet and seven feet
in width which are directly accessible by individual dwelling
units may be counted as contributing 150 square feet to the
outdoor open space requirements listed above.
Minimum a) Front: 40 feet.
setbacks b) Side
i) Interior: the height of building or 30 feet, whichever is
greater.
ii) Street: 40 feet
c} Rear: The height of building or 35 feet, whichever is
eater
Richfield City Code (Zoning)
MR-3 District
527.11, Subd. 2
Subd. 2. Minimum parking_ Two off-street parking spaces shall be provided for
each dwelling unit.. The Council, at its discretion, may reduce the minimum
required parking to not less than 1.25 parking spaces per unit for multi-family
structures with 10 or more units, after consideration of factors including but not
limited to the present or future availability of transit services, shared parking,
pedestrian orientation, and occupancy characteristics. In addition, the Council
may further reduce the parking requirement for senior housing complexes.
527.13. Dimensional regulations for non-residential uses. Subdivision 1. The
standards set out in this subsection apply to non-residential uses in the MR-3 District.
Minimum
lot size Minimum
lot width Mazimum
lot
covera a Maximum.
building
hei ht Minimum setbacks
60,000 150 feet 30 % 50 feet a) Front: 40 feet.
square feet
b) Side:
i) Interior: 30 feet
ii) Street: 40 feet
c Rear: 35 feet.
(Added, Bill No. 1998-10)
527.15. Additional regulations. Subdivision 1. Developments shall be constructed
and maintained in accordance with the standards set out in this subsection.
Subd. 2. Limit to number of efficiency units. No more than 25 percent of the
dwelling units in any one building shall be efficiency dwelling units.
Subd. 3. Performance standards of Section 544. Developments shall be
constructed and maintained in accordance with the applicable performance
standards set out in Section 544 of this code.
Subd. 4. Design or overlay districts. All property located within a design
district or corridor overlay district shall be subject to such district's additional
requirements and/or modifications.
Richfield City Code (Zoning) 529.01
S-O District
SECTION 529 -ZONING: SERVICE OFFICE DISTRICT (S-O)
(ADDED, BILL NO.2007-19)
529.01. PurAOSe. The Service Office District provides limited locations for low-intensity,
small office businesses in a residential neighborhood setting. Service Office districts may
be located on blocks with residential land uses. Buildings, parking, landscaping and signs
should be designed to help the commercial development harmonize with the residential
character of the rest of the block. This district does not allow retail sales.
529.03. Permitted uses. Subdivision 1. The uses listed in this Subsection are permitted
uses in the S-O District.
Subd. 2. Executive, administrative, and nonprofit organization offices with 4,000
square feet or less of gross floor area.
Subd. 3. Business offices such as, but not limited to, insurance offices, real estate
offices, loan companies, savings and loan associations, and sales offices with 4,000
square feet or less of gross floor area.
Subd. 4. Professional offices such as, but not limited to, medical offices, including
medical clinics and medical laboratories; dental clinics; chiropractic offices; therapeutic
massage centers licensed under Section 1188 of the City Code; offices of engineers,
architects, and accountants; auditing, bookkeeping and legal offices; and studios of
artists and photographers with 4,000 square feet or less of gross floor area.
Subd. 5. Service businesses providing services on the premises with 4,000 square feet
or less of gross floor area. Only the following service businesses are permitted:
photocopying, non-auto repair shops (such as watch or shoe repair), tailor shops,
beauty parlors and barbershops. Hours of operation for these businesses are limited to
no earlier than 6:00 a.m. and no later than 9:00 p.m.
Subd. 6. Multi-tenant office developments with 6,000 square feet or less of gross floor
area.
Subd. 7. Nursing or rest homes.
Subd. 8. Governmental buildings and public libraries.
529.05. Accessorv building and use resulations. Subdivision 1. The uses listed in this
Subsection are allowable accessory uses in the S-O District.
Subd. 2. One accessory building that is 750 square feet or less in gross floor area. In
addition to the general accessory building provisions of Subsection 509.09, accessory
buildings must meet the following criteria:
Richfield City Code (Zoning)
S-O District
529.05, Subd. 2 (a)
a) In the case of a corner lot, no accessory building may be located in the yard
area between the principal building and either street; and
b) The architectural design and building materials of an accessory building shall
be complimentary to the principal building.
Subd. 3. Enclosed storage incidental to a permitted or conditional use, provided such
use occupies no more than 30 percent of the gross floor area of the principal building.
Subd. 4. Apartments within commercial buildings, provided such use occupies not
more than 50 percent of the gross floor area of the principal building.
Subd. 5. Roof-mounted television antennas
Subd. 6. Minor public utilities.
529.07. Conditional uses. Subdivision 1. The uses listed in this Subsection are
conditional uses in the S-O District, and are subject to the conditional use permit provisions
outlined in Subsection 547.09 of this code.
Subd. 2. Office and service uses as allowed in Subsection 529.03, subdivisions 2, 3, 4,
and 5 with more than 4,000 square feet of gross floor area.
Subd. 3. Multi-tenant office developments as allowed in Subsection 529.03,
subdivision 6 with more than 6,000 square feet of gross floor area.
Subd. 4. Licensed day care facilities with no more than 5,000 square feet of gross
floor area, provided the following conditions are met:
a) Pick-up and drop-off areas must be located on the- site, and must be designed to
avoid interfering with traffic and pedestrian movements; and
b) Outdoor recreational areas must be located and designed in a manner that
mitigates visual and noise impacts on any abutting residential parcels.
Subd. 5. Telecommunications towers. Towers shall be allowed in the S-O District
only in the following manner:
a) Towers supporting amateur radio antennas and conforming to all applicable
provisions of this Code shall be allowed only in the rear yard of S-O parcels.
b) Towers supporting commercial antennas and conforming to all applicable
provisions of Chapter 544.21 of this Code shall be allowed only in the
following locations within the S-O District:
i. Church sites, when camouflaged as steeples or bell towers;
ii. Park sites, when compatible with the nature of the park; and,
iii. Government, school, utility, and institutional sites, not including the
public right-of-way.
Richfield City Code (Zoning) 529.07, Subd. 6
S-O District
Subd. 6. Major public utilities.
529.09. Prohibited uses. Subdivision 1. Prohibited uses are listed in Section 512.07.
Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this chapter
or in Subsection 512.07 is prohibited in the S-O District unless determined otherwise
by the City pursuant to Subsection 509.21 of this code.
Subd. 3. No retail sales are allowed in the S-O district other than sales directly
resulting from and incidental to service, maintenance or repair work.
Subd. 4. No services regulated under section 1187 or 1196 of the City Code are
allowed in the S-O District.
529.11. Dimensional Requirements. Subdivision 1. The following dimensional
requirements apply to the S-O district. All dimensions are in feet unless otherwise noted.
Minimum lot width Interior lot: 60 Corner lot: 75
Minimum lot area 8,000 s uare feet
Maximum impervious
surface covera e 75 percent
Setbacks -buildin Princi al buildin Accesso buildin
Front see also Subd. 2 30 30
Rear
Adjacent to R, R-1 District 15 8
Adjacent to non-R, R-1
District 5 5
Interior side
Adjacent to R, R-1 District 15 15
Adjacent to non-R, R-1
District 5 5
Street /corner side (see also
Subd. 3 12 12
Setbacks - arking (measured from ro erty line
Front but see Subd. 5 8
Street /corner side (but see
Subd 5 8
Interior lot line
Adjacent to R, R-1 District 10
Adjacent to non-R, R-1
District 5
Hei ht limitations Princi al buildin Accesso buildin
Maximum buildin hei t 30 15
Sto limitations 2 stories 1 sto
Richfield City Code (Zoning)
S-O District
529.11, Subd. 2
Subd. 2. Front setback reduction. The front setback requirement for a principal
building on a lot may be reduced to no less than the average front setback of the
existing principal building(s) abutting such lot, to a minimum of 25 feet, except when
adjacent to asingle-family house.
Subd. 3. All structures located on a corner lot which abuts a key lot. The side yard
setback of a commercial building that abuts a "key lot" shall be equal to the front
setback of the key lot. (See Figure 12.)
Subd. 4. Vehicle access door facing a side or rear lot line. Whenever any building
(principal or accessory) is located in such a manner that a vehicle access door faces a
side or rear lot line, such side or rear setback requirement shall be not less than 20 feet.
Subd. 5. Parking lot setback reduction. All new parking lots shall be located 8 feet
from the right-of--way. In cases where modifications are being made to an existing lot,
the 8-foot setback may be reduced to 3 feet if the applicant can demonstrate that the
greater setback is not possible due to site constraints and if the applicant is able to meet
landscape requirements without the setback.
529.13. Other Requirements. Subdivision 1. The following additional requirements
apply in the S-O district.
Subd. 2. Site plan review. All developments in the S-O district are subject to Site Plan
Review as described in Section 547.13.
Subd. 3. Performance standards. All developments shall be constructed and
maintained in accordance with the applicable Performance Standards set out in Section
544 of this code.
Subd. 4. Ste. Signs within the S-O District shall be regulated by Section 416 of the
City Code.
Subd. 5. Design guidelines. All property located within an overlay or design district
shall be subject to such district's additional requirements and/or
Richfield City Code (Zoning)
C-1 District
532.01
SECTION 532 -ZONING: NEIGHBORHOOD BUSINESS DISTRICT (C-1)
(ADDED, BILL No. 2007-19)
532.01. Purpose. The Neighborhood Business (C-1) District is intended to provide sites
where low-intensity small retail and service businesses may locate for the convenience of
customers residing nearby, while minimizing adverse effects on nearby housing.
Buildings, parking, landscaping and signs should be designed to help the commercial
development harmonize with the residential character of the rest of the block.
532.03. Permitted uses. Subdivision 1. The uses listed in this Subsection are permitted
uses in the C-1 District.
Subd. 2. Neighborhood shopping centers or similar multi-tenant developments with
6,000 square feet or less of gross floor area.
Subd. 3. Neighborhood retail businesses with 2,500 square feet or less of gross floor
area.
Subd. 4. Neighborhood service businesses (excluding those listed in Sections 532.07
and 532.09) with 2,500 square feet or less of gross floor area.
Subd. 5. Neighborhood office businesses (excluding those listed in Sections 532.07
and 532.09) with 2,500 square feet or less of gross floor area:
Subd. 6. Licensed day care businesses not exceeding 3,000 square feet of floor area.
Subd. 7 Governmental buildings and public libraries.
Subd. 8. Nursing or rest homes.
532.05. Accessory buildings and use regulations. Subdivision 1. The uses listed in this
Subsection are allowable accessory uses in the C-1 District.
Subd. 2. One accessory building which is 750 square feet or less in gross floor area.
In addition to the general accessory building provisions of Subsection 509.09,
accessory buildings must meet the following criteria:
a) No accessory building on any lot, except through lots, shall be situated
forward of the front building line of the principal building. In the case of a
through lot, no accessory building shall be located within 30 feet of the lot
lines. abutting either street.
b) In the case of a corner lot, no accessory building shall be located in the yard
area between the principal building and either street;
Richfield City Code (Zoning) 532.05, Subd. 2 (c)
C-1 District
c) The architectural design and building materials of an accessory building
shall be complimentary to the principal building; and
d) No accessory building shall be greater in lot coverage than the principal
building, or greater in height than the principal building.
Subd. 3. Enclosed storage incidental to a permitted or conditional use, provided such
use occupies no more than 30 percent of the gross floor area of the principal building.
Subd. 4. Apartments above the first floor within commercial buildings, provided such
use occupies not more than 50 percent of the gross floor area of the principal building.
Subd. 5. Roof-mounted television antennas
Subd. 6. Minor public utilities.
532.07. Conditional uses. Subdivision 1. The uses listed in this Subsection are
conditional uses in the C-1 District, and are subject to the conditional use permit provisions
outlined in Section 547.09 of this code.
Subd. 2. Neighborhood shopping centers or similar multi-tenant developments with
over 6,000 square feet of gross floor area, provided the following conditions are met:
a) The lot shall abut an arterial or collector street; and
b) The Council shall find that the center or development and its proposed uses
are designed specifically to serve the residents of the neighborhood area.
Subd. 3. Neighborhood retail, service, and office establishments (excluding those
listed in Section 512.07) with over 2,500 square feet of gross floor area, provided the
Council finds that the use is designed specifically to serve the residents of the
neighborhood area.
Subd. 4. Class II (traditional l cafeteria) restaurants and Class IV (take-out only)
restaurants, provided the following conditions are met:
a) The gross floor area of the restaurant shall not exceed 2,000 square feet;
b) Drive-up window service and exterior loudspeakers shall not be permitted;
and
c) Alcoholic beverages shall not be served.
Subd. 5. Apartments above the first floor of a commercial building which exceed 50
percent of the gross floor area.
Subd. 6. Major public utilities.
Richfield City Code (Zoning}
C-1 District
532.09
532.09. Prohibited uses. Subdivision 1. Prohibited Uses are listed in Section 512.07.
Subd. 2. Any land-use not listed as Permitted, Accessory or Conditional in this chapter
or in Subsection 512.07 is prohibited in the C-1 District unless the use is found to be
substantially similar to a use listed, as determined by the City in accordance with
Section 509.21 of this code.
532.11. Dimensional requirements. Subdivision 1. The following dimensional
requirements apply to the C-1 district. All dimensions are in feet unless otherwise
indicated.
Minimum lot width Interior lot: 60 Corner lot: 75
Minimum lot area 8,000 s uare feet
Maximum impervious
surface covers e 80 percent
Setbacks - buildin Princi al buildin Accesso buildin
Front see also Subd. 2 30 30
Rear see also Subd. 4
Adjacent to R, R-1 District 15 8
Adjacent to non-R, R-1
District 5 5
Street /corner side (but see
Subd. 3 & 4 20 20
Interior side (see also Subd. 4)
Adjacent to R, R-1 District 15 10
Adjacent to non-R, R-1
District 5 5
Maximum building height 30 15
Story limitations 2 stories 1 story
Setbacks - arldng (measured from the roe line)
Front ut see Subd. 5 8
Side !corner side (but see
Subd 5 8
Interior side
Adjacent to R, R-1 District 10
Adjacent to non-R, R-1
District 5
Richfield City Code (Zoning)
C-1 District
Subd. 2. Front setback reduction. The front setback
requirement for a principal building on a lot may be
reduced to no less than the average front setback of the
existing principal building(s) abutting such lot, to a
minimum of 25 feet, except when adjacent to a single-
family house.
Subd. 3. All structures located on a corner lot that abuts a
key lot. The side yard setback of a commercial building
that abuts a "key lot" shall be equal to the front setback of
the key lot. (See Figure 12.)
532.11, Subd. 2
Corner lot
-- ---- I---- ^ --- --- ;
d
~~
~o
-~i 30'
' "streetside"
side lot Ilne
® '
Key lot
lot line ~
curb
Subd. 4. Vehicle access door tacmg a side or rear lot line. Figure 12
Whenever any building (principal or accessory) is located
in such a manner that a vehicle access door faces a side or rear lot line, such side or rear
setback requirement shall be not less than 20 feet.
Subd. 5. Parking lot setback reduction. All new parking lots are expected to locate 8
feet from the right-of-way. In cases where modifications are being made to an existing
lot, the 8-foot setback may be reduced to 3 feet if the applicant can demonstrate that the
greater setback is not possible because of site constraints and if the applicant is able to
meet landscape requirements with the reduced setback.
532.13. Other Requirements. Subdivision 1. The following additional requirements
apply in the C-1 District.
Subd. 2. Site plan review. All developments in the C-1 District are subject to Site
Plan Review as described in Section 547.13.
Subd. 3. Performance standards. All developments shall be constructed and
maintained in accordance with the applicable Performance Standards set out in Section
544 of this code.
Subd. 4. Signs. Signs within the C-1 District shall be regulated by Section 416 of the
City Code.
Subd. 5. Design Quidelines. All property located within a design district or corridor
overlay district shall be subject to such district's additional requirements andlor
modifications.
Richfield City Code (Zoning) 534.01
C-2 District
SECTION 534 -GENERAL BUSINESS DISTRICT (C-2)
(ADDED, BILL No. 2007-19)
534.01. Purpose. The C-2 General Commercial District allows a wide variety of retail and
service businesses that may serve a trade area encompassing Richfield and beyond.
Despite the commercial nature of these land uses, the City expects them to have an
attractive appearance from all sides, to be compatible with nearly residential properties, to
minimize adverse effects on surface waters, and to not significantly degrade the level of
service or safety on nearby roads.
534.03. Permitted uses. Subdivision 1. The uses listed in this Subsection are permitted
uses in the C-2 District.
Subd. 2. Shopping centers or similar multi-tenant developments with 100,000 square
feet or less of gross floor area.
Subd. 3. Retail, service, and office uses with 50,000 square feet or less of gross floor
area (excluding those uses listed in Sections 512.07 and 534.09 of this code).
Permitted uses may exceed the 50,000 square foot size limitation if located within a
shopping center or other multi-tenant building.
Subd. 4. Class IV (take-out only) restaurants that do not provide drive-up window
service.
Subd. 5. Licensed day care businesses.
Subd. 6. Governmental buildings and public libraries.
Subd. 7. Public or private elementary and high schools, and other similar learning
institutions.
Subd. 8. Religious institutions and related convents or parsonages.
Subd. 9. Adult business establishments as defined and regulated under Section 1196 of
the City Code.
Richfield City Code (Zoning)
C-2 District
534.05
534.05. Accessory uses. Subdivision 1. The uses listed in this Subsection are allowable
accessory uses in the C-2 District.
Subd. 2. Assembly, light manufacturing, or warehouse operations incidental to a
permitted or conditional use, provided such use occupies not more than 50 percent of
the gross floor area of the principal building or not more than 2,000 square feet,
whichever is greater.
Subd. 3. Enclosed storage incidental to a permitted or conditional use, provided such
use occupies no more than 30 percent of the gross floor area of the principal building.
Subd. 4. One accessory building which is 750 square feet or less in gross floor area.
In addition to the general accessory building provisions of Subsection 509.09,
accessory buildings must meet the following criteria:
a) In the case of a corner lot, no accessory building shall be located in the yard
area between the principal building and either street; and
b) The architectural design and building materials of an accessory building
shall be complimentary to the principal building.
Subd. 5. Roof-mounted television antennas
Subd. 6. Satellite dish antennas mounted on the outside of a building.
Subd. 7. Minor public utilities.
534.07. Conditional uses. Subdivision 1. The uses listed in this Subsection are
conditional uses in the C-2 District, and are subject to the conditional use permit provisions
outlined in Section 547.09 of this code.
Subd. 2. Shopping centers or similar multi-tenant developments with over 100,000
square feet of gross floor area.
Subd. 3. Retail, service, and office uses with over 50,000 square feet of gross floor
area, unless located within a shopping center or other multi-tenant development.
Subd. 4. Funeral homes, provided the lot abuts an arterial or collector street.
Subd. 5. Theaters, provided the following conditions are met:
a) For theaters located within shopping centers or otherwise utilizing a shared
parking arrangement, the applicant shall submit an analysis of parking
demand versus availability for review and approval (additional parking may
be required based on this review); and
b) Free standing theaters shall only be permitted when it can be demonstrated
that vehicular ingress and egress maybe accomplished without creating
undue traffic congestion on area roadways.
Richfield City Code (Zoning)
C-2 District
534.07, Subd. 6
Subd. 6. Class I (full service) restaurants and Class II (traditional/cafeteria)
restaurants, provided that alcoholic beverages not be served unless the lot abuts an
arterial or collector street.
Subd. 7. Class III restaurants (fast food/convenience/drive-in) and all other uses which
provide drive-up window or teller service, provided the following conditions are met:
a) Queuing space for at least four cars (70 feet) shall be provided per drive-up
service lane, as measured from but not including the first drive-up service
window, teller or order station. Such queuing space shall not interfere with
parking spaces or traffic circulation;
b) Any drive-up service window, teller or order station, or exterior loudspeaker
shall be located at least 150 feet from any residential parcel;
c) Exterior speakers shall comply with the noise control limits set by Section
930 of the City Code;
d) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections; and
e) Alcoholic beverages shall not be served.
Subd. 8. Hotels and motels, provided the following conditions are met:
a) A buffer yard of not less than 35 feet in width shall be provided to separate
all aspects of such use from abutting residential parcels -- the Council may
reduce this requirement to not less than 25 feet if significant additional
landscaping and berming are provided to screen the hotel/motel use; and
b) Access to the site shall be only from arterial or collector streets.
Subd. 9. Hospitals and medical clinics, provided the following conditions are met:
a) The use site shall abut an arterial or collector street; and
b) A buffer yard of not less than 25 feet in width shall be provided to separate
all aspects of such use from any abutting parcel.
Subd. 10. New auto or boat sales or lease businesses, provided the following
conditions are met:
a) The business shall be licensed under Section 1155 of the City Code;
b) The use site shall not abut a lot which is in the R or R-1 District. For the
purpose of this subdivision, a lot that merely adjoins the use site at one
corner shall not be deemed to abut the use site;
c) A buffer yard of not less than 15 feet in width shall be provided to separate
all aspects of such use from abutting parcels;
Richfield City Code (Zoning) 534.07, Subd. 10 (d)
C-2 District
d) Landscaping for the site, including display areas, shall comply with the
Performance Standards described in Section 544 of this code;
e) Used auto or boat sales shall be permitted only as an integral part of a new
auto or boat sales business (from the same land parcel and in close proximity
to the new cars or boats).
f) Inoperable vehicles shall not be stored on the premises, except in
appropriately designed and screened areas as approved by the City;
g) Parking of vehicles for sale or lease on public right-of-way shall be
prohibited;
h) All repair, assembly, disassembly, maintenance, and detailing of vehicles
shall occur within an enclosed building, except minor maintenance such as
tire inflation or adding windshield wiper fluid; and
i) Any exterior speaker shall comply with the noise control limits set by
Section 930 of the City Code.
Subd. ll. Service station or service station /convenience store provided the following
conditions are met:
a) The business shall be subject to the provisions of Section 1150 (Gasoline
Service Stations) of the City Code;
b) The use site shall not be located within 300 feet of the grounds of a school,
church or hospital;
c) If the use site abuts a residentially zoned lot, a buffer yard of not less than 25
feet in width and 75%all-season opacity from the ground to a height of six
feet shall be provided to separate all aspects of such use from abutting
residential parcels. The Council may reduce this requirement to not less than
15 feet if significant additional landscaping and fencing, with 100% all-
season opacity, is provided to screen the service station use;
d) A buffer yard of not less than ten feet in width shall be provided to separate
all aspects of such use from abutting non-residential parcels;
e) Vehicles that are waiting for repair shall be stored in appropriately designed
and screened areas as approved by the City;
f) Any repair, assembly, disassembly, or maintenance of vehicles shall occur
within an enclosed building, except minor maintenance such as tine inflation,
adding oil, or adding windshield wiper fluid;
g) The minimum frontage on any street shall be 120 feet and the minimum area
of the site shall be 12,000 square feet;
Richfield City Code (Zoning) 534.07, Subd. 11 (h)
C-2 District
h) Any exterior speaker shall comply with the noise control limits set by
Section 930 of the City Code;
i) Queuing space of at least 20 feet shall be provided in front of the pump
island in each direction in which access can be gained to the pump -- this
required space shall not interfere with internal circulation patterns or with
designated parking areas, and shall not be permitted in any public right-of-
way, private easement, or within the required parking lot setback;
j) Pump islands shall be located not less than 20 feet from any properly line;
k) If the use is not located on a County road or State highway, it shall not be
operated between the hours of 11:00 p.m. and 6:00 a.m.; and
1) Canopies shall comply with the following regulations:
(i) The canopy may extend up to twelve feet beyond the center line of the
pump island toward the street, but in no instance shall a canopy be
located closer than six feet from any lot line;
(ii) Only one canopy shall be permitted per station, unless the station is
located on a corner lot, in which case two canopies may be permitted;
(iii) The canopy shall be at least 14 feet in height, but not greater than 16
feet in height;
(iv) No signage of a permanent or temporary nature may be placed on a
canopy; and
(v) All canopy lighting shall be recessed into the canopy ceiling.
Subd. 12. Auto mechanical or body repair shops, provided the following conditions
are met:
a) The use site shall not be located within 300 feet of the grounds of a school,
church or hospital;
b) If the use site abuts a residentially zoned lot, a buffer yard of not less than 25
feet in width and 75%all-season opacity from the ground to a height of six
feet shall be provided to separate all aspects of such use from abutting
residential parcels. The Council may reduce this requirement to not less than
15 feet if significant additional landscaping and fencing, with 100% all-
season opacity, is provided to screen the auto mechanical or body repair shop
use; (Amended, Bill No. 1996-7, Sec. 2)
c) A buffer yard of not less than 15 feet in width shall be provided to separate
all aspects of such use from any abutting parcel;
Richfield City Code (Zoning)
C-Z District
534.07, Subd. 12 (d)
d) Vehicles that are inoperable shall not be stored on the premises, except in
appropriately designed and screened areas as approved by the City. In
accordance with Section 1320 of the City Code, inoperable vehicles cannot
' be stored on any property for more than 96 hours;
e) Vehicles that are waiting for repair shall be stored in appropriately designed
and screened areas as approved by the City;
f) If the use is not located on a county road or state highway, it shall not be
operated between the hours of 11:00 p.m. and 6:00 a.m.; and
g) All repair, assembly, disassembly, and maintenance of vehicles shall occur
within an enclosed building, except minor maintenance such as tire inflation
or adding oil or windshield wiper fluid.
Subd. 13. Auto detailing businesses licensed under Section 1195 of the City Code.
Subd. 14. Car washes licensed under Section 1125 of the City Code.
Subd. 15. Accessory car washes, provided the following conditions are met:
a) A buffer yard of at least 15 feet in width shall be provided to separate such
car wash facilities and related queuing areas from any abutting residential
parcel or street right-of-way;
b) Queuing space for at least six cars (105 feet) shall be provided, as measured
from but not including the wash station. Such queuing space shall not
interfere with parking spaces or traffic circulation;
c) The car wash and site shall be designed to prevent icing and muddying of
public streets;
d) The driveway between the exit door of the car wash and the street right-of-
way shall be at least 40 feet in length; and
e) The car wash shall comply with the noise control limits set by Section 930 of
the City Code.
Subd. 16. Pawn operations, secondhand goods operations that require a license under
Section 1186 or 1187 of the City Code, auction houses, and consignment auction
houses, provided the following conditions are met:
a) Such uses shall be located not less than 250 feet from residentially zoned
property;
b) The business operator shall secure all applicable licenses and approvals from
the City, County, State, or other applicable jurisdictions before the
conditional use permit shall become effective;
Richfield City Code (Zoning) 534.07, Subd. 16 (c)
C-2 District
c) Such uses shall be contained within a completely enclosed building, and no
outside storage, display, or sale of merchandise shall be permitted;
d) Exterior loudspeakers or public address systems shall not be audible from
any residential parcel;
e) Auction houses and consignment auction houses shall have designated on-
site loading and drop-off areas which are designed to avoid interfering with
traffic and pedestrian movements;
f) Such uses that were legally established on or before November 22, 1993
shall be classified as legal nonconforming uses, and subject to the provisions
of Section 509.23 of this code..
Subd. 17. Firearms-related uses provided the following conditions are inet:
a) Such uses shall be licensed under Section 920 of the City Code;
b) Such uses shall be located not less than 300 feet from any school, church,
daycare center, public library, or governmental building;
c) Such uses shall be located not less than 1,000 feet from other gun or
ammunition sales/repair businesses or firearms related uses;
d) Such uses shall be located not less than 100 feet from residentially zoned
property;
e) Firearms-related uses shall not operate before 8:00 a.m. or after 9:00 p.m.;
f) Firearms-related uses shall only be allowed within an enclosed structure that
is soundproofed to prevent the sound to be heard by persons on adjoining
property;
g) No firearms-related use shall be allowed in a trailer or other non-permanent
building;
h) Any firing-range existing in the City on or prior to January 1, 2004 shall be
allowed to continue;
i) The design and construction of any firearm-related use shall totally confine
all ammunition rounds within the building and in a controlled manner. The
design and construction of the firing range shall be certified by a registered
architect and engineer in the State of Minnesota. The certified plans shall
include the specifications and construction of the bullet trap(s), ceilings,
exterior and interior walls, and floors. The certified plans shall state what
type and caliber of ammunition the range is designed to totally confine;
j) No ammunition shall be used in any firearms-related use that exceeds the
certified design and construction specifications of the firing range;
Richfield City Code (Zoning)
C-2 District
534.07, Subd. 17 (k)
k) A written log of users of any firing range or other firearms-related use shall
be maintained by the range operator. The log shall include the name and
address of the range user, and the time and date the user was in the range.
The name and address of the user shall be verified by photo identification;
1) An alarm system, cut wire protected, shall be supplied to provide security for
a building containing any firearm-related use;
m) Firearms that are stored on the premises shall be stored in a vault when the
range is closed for business. An alarm system, independent of the general
alarm system and cut wire protected, shall be supplied for the firearm vault;
n) Ammunition shall not be stored in the firearm vault;
o) On site supervision at any firearm-related use shall be supplied at all times
by an adult with credentials as qualified range master;
p) An outside security plan for the general grounds of any firearm-related use
shall be submitted to the City Manager or designee for review and approval;
q) The transport of firearms on the premises shall conform to State Law;
r) Minors shall not be allowed in any firearm-related use unless accompanied
by an adult at all times. This provision shall not be interpreted to prohibit
minors from participating in a firearm safety class, which is supervised by an
adult instructor; and
s) The Council reserves the authority to review or modify the .performance
standards for the range.
Subd. 18. Tattoo establishments, provided the following conditions are met:
a) Such uses shall be licensed under Section 630 of the City Code;
b) Such uses shall be located not less than 100 feet from any residentially
zoned property;
c) Such uses shall be located not less than 350 feet from any school, church,
park, day care center, or public library;
d) Such uses shall be located not less than 350 feet-from any establishment
selling and/or serving alcoholic beverages;
e) Such uses shall be located not less than 100 feet from the right-of--way of
an entry street to the City. For purposes of this subdivision, an entry street
is defined as Penn Avenue, Lyndale Avenue, Nicollet Avenue, Portland
Avenue, Cedar Avenue and 12th Avenue; and
f) Such uses shall be located not less than 1,000 feet from other tattoo
establishments.
Richfield City Code (Zoning)
C-2 District
534.07, Subd. 19
Subd. 19. Emergency shelters within non-residential buildings (e.g., schools or
churches) provided the following conditions are met:
a) The shelter shall serve no more than 16 persons at one time; and
b) Meals for those served by the shelter shall be prepared in a kitchen
approved for commercial use.
Subd. 20. Cemeteries (may include mausoleums and crematories) that comply with
the R District provisions and requirements, as set out in Section 514.07, Subd. 8 of this
code.
Subd. 21. Apartments within commercial buildings.
Subd. 22. Telecommunications towers in conformance with Section 544.25 of this
Code.
Subd. 23. Major public utilities.
534.09. Prohibited uses. Subdivision 1. Prohibited uses are listed in Section 512.07.
Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this chapter
or Subsection 512.07 is prohibited in the C-2 District unless the use is found to be
substantially similar to a use listed, as determined by the City in accordance with _
Section 509.21 of this code.
Richfield City Code (Zoning)
C-2 District
534.11. Dimensional requirements. Subdivision 1. The following dimensional
requirements apply to the C-2 District. All dimensions are in feet unless otherwise
indicated.
Minimum lot width Interior lot: 75 Corner lot: 90
Minimum lot area 9,000 s uare feet
Maximum impervious
surface cover e 85 percent
Setbacks - buildin Princi al buildin Accesso buildin
Front see also Subd. 2 35 35
Rear see also Subd. 4
Adjacent to R, R-1 District 20 8
Adjacent to non-R, R-1
District 5 5
Street /corner side (but see
Subd. 3 25 25
Interior side (see also Subd.
4
Adjacent to R, R-1 District 20 20
Adjacent to non-R, R-1
District 0 0
Maximum building height
but see Subd. 5 40 15
Sto limitations 3 stories 1 sto
Setbacks - arkin
Front but see Subd. 6 8
Street /corner side (but see
Subd. 6 8
Interior lot line
Adjacent to R, R-1 District 15
Adjacent to non-R, R-1
District 5
Subd. 2. Front setback reductions. The front setback
requirement for a principal building on a lot may be
reduced to no less than the average existing front setback
of the existing principal building(s) abutting such lot, to
a minimum of 30 feet, except when adjacent to asingle-
family house.
Subd. 3. Structures located on a corner lot that abuts a
key lot. The side yard setback of a commercial building
that abuts a "key lot" shall be equal to the front setback
of the key lot. (See Figure 13.)
534.11
Figure 13
Richfield City Code (Zoning)
C-2 District
534.11, Subd. 4
Subd. 4. Vehicle access door facing a side or rear lot line. Whenever any building
(principal or accessory) is located in such a manner that a vehicle access door fai3es a
side or rear lot line, such side or rear setback requirements shall be not less than 20 feet.
Subd. 5. Maximum hei t exception. The maximum height of principal buildings may
be increased to 100 feet in the case of property located within the I-494 Corridor,
defined as that area east of I-35W, west of trunk Highway 77, south of 77~' Street, and
north of 78'x' Street. (Added, Bill No. 1997-18)
Subd. 6. Parking lot setback reduction. All new parking lots shall locate 8 feet from
the right-of-way. In cases where modifications are being made to an existing lot, the 8-
foot setback may be reduced to 3 feet if the applicant can demonstrate that the greater
setback is not possible due to site constraints and if the applicant is able to meet
landscape requirements without the setback.
534.13. Other requirements. Subdivision 1. The following additional requirements
apply to the C-2 District.
Subd. 2. Site plan review. All developments in the C-2 District are subject to Site
Plan Review as described in Section 547.13.
Subd. 3. Performance standards. All developments shall be constructed and
maintained in accordance with the applicable performance standards set out in Section
544 of this code.
Subd. 4. Signs. Signs within the C-2 District shall be regulated by Section 416 of the
City Code.
Subd. 5. Design Quidelines. All property located within a design district or corridor
overlay district shall be subject to such district's additional requirements and/or
modifications.
Richfield City Code (Zoning) 537.01
MU District
SECTION 537 -ZONING: MIXED-USE DISTRICT (MU)
(ADDED, BILL NO.2007-19)
537.01. Mixed Use Districts (Min. Subdivision 1. Sub-districts defined. A mixed use
district is an area that supports multiple land uses that are complementary to one another
and support the ability to live, work, shop and play within a development pattern of
horizontally mixed or vertically mixed uses. There are three sub-districts of mixed use
as follows:
a) Mixed Use Regional - (MU-R): Regional mixed use supports destination
oriented commercial and office uses at a high density/intensity of
development. Limited higher density residential uses would be encouraged
to support major employment concentrations. Vertical mixing of uses would
be encouraged to create building mass along primary arterials.
b) Mixed Use Community - (MU-C): Community mixed use includes shops
and services that support the surrounding community. A balanced mix of
commercial, office and higher density residential uses would be included in
this district. Vertical mixing of uses would be encouraged to create building
mass along primary arterials.
c) Mixed Use Neighborhood - (MU-N): Neighborhood mixed use emphasizes
residential development with supporting retail and commercial service uses.
Commercial services are emphasized at key transportation nodes/corners and
are intended to be of a smaller scale and oriented to the neighborhood.
Subd. 2. Purpose and Intent. The purpose and intent of the Mixed Use Districts
shall be to:
a) Guide future development along the I-494 corridor in order to adapt to
market and transportation changes;
b) Encourage vertical mixed-uses clustered at primary (regional) and secondary
(community) transportation nodes to build identity within the district;
c) Provide a mix of residential densities along the corridor;
d) Provide appropriate transitions between uses;
e) Promote greater pedestrian and bicycle access and connections throughout
the corridor and along the length of the corridor;
f) Discourage auto oriented uses in favor of pedestrian friendly mixed-use
development;
g) Encourage reductions in impervious surface, well landscaped and attractive
public and private spaces with a pedestrian and bicycle friendly character
and environment by minimizing surface parking and enhancing pedestrian
corridors (sidewalks and trails) through reinforcing build-to lines, getting
new buildings to address the street and emphasize enticing street level
architecture;
Richfield City Code (Zoning)
MLT District
537.01, Subd. 2 (h)
h) Encourage public open spaces within the corridor by allowing and
.encouraging taller buildings for high-density uses;
i) Ensure high quality architectural design and materials;
j) Promote increased use of transit; and
k) Encourage redevelopment in a manner that is consistent with the
Comprehensive Plan and any redevelopment plan(s) that exist for the
district.
Subd. 3. Review Criteria. In evaluating development proposals, the Planning
Commission and City Council shall consider compliance with the following:
a) Consistency with the elements and objectives of the City's development
guides, including the Comprehensive Plan and any redevelopment plans
established for the area;
b), Consistency with this Subsection;
c) Creation of a design for structures and site features which promotes the
following:
(i) tin internal sense of order among the buildings and uses;
(ii) The adequacy of vehicular and pedestrian circulation, including
walkways, interior drives and parking in terms of location and number
of access points to the public streets, width of interior drives and
access points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangement and amount of parking;
(iii) Energy conservation through the design of structures and the use of
landscape materials and site grading; and
(iv) The minimization of adverse environmental effects on persons using
the development and adjacent properties.
Richfield City Code (Zoning)
MU District
537.03
537.03. Permitted Uses. Subdivision 1. The following table establishes permitted,
conditionally permitted and accessory uses for the Mixed Use Districts.
Table 1. Uses of the Mixed-Use District
The following abbreviations are used within the use table:
P= permitted use A= accessory use
C= conditionally permitted N= not permitted
Use MU-R MU-C MU-N
Commercial
Re Tonal retail services P C N
General retail services P P C
Nei borhood retail services P P P
Restaurant Class I servin alcohol) P C N
Restaurant Class II (traditional/cafeteria P P P
Restaurant Class III (fast food/convenience) C C N
Restaurant Class IV (take out only) P P P
Service Station /convenience store P P N
Convenience store P P P
Offices and clinics P P A
Hotel/motel P P N
Mortuaries and funeral cha els N P N
Health or athletic clubs, s as, o a studios P P N
Theaters, movie or live entertainment P N N
Auto sales or lease -new vehicles C N N
Auto mechanical or bod re air sho s C •C N
Auto detailin C C N
Auto rental facilities accessory to a primary
office or hotel use A A N
Assembly and manufacturing accessory and
subordinate to a retail use A A N
Drive-u window or teller service C C N
Adult business establishments as defined and
regulated under Subsection 1196 of the City
Code P P N
Firearms related uses C N N
Licensed da care facilities P P P
Residential
Dwellin ,townhouse N N P
Dwellin ,multi-famil P P P
Live -work units N P P
Assisted livin facilities, nursin ,rest homes N P P
InstitutionallPublic
Places of worshi A P P
Government offices A P A
Police sub-station P P P
Schools C P P
Richfield City Code (Zoning)
MU District
537.03, Subd. 1 (cont.)
Use MU-R MU-C MU-N
Libra N P P
Parks P P P
Hos itals P N N
Transit facilities A A A
Public utili A A A
Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this
chapter or Subsection 512.09 is prohibited in the Mixed-Use Districts unless the use is
found to be substantially similar to a use listed, as determined by the City in
accordance with Subsection 509.05 of this Code.
537.05. Conditional Uses. Subdivision 1. The uses listed in this subsection are
conditional uses in the MU-R, MU-C or MU-N Districts and are subject to the
conditional use permit provisions outlined in Subsection 547.05 of this code and the
following conditions.
Subd. 2. Regional retail services in MU-C. Regional retail services in the MU-C
district provided that retail uses with over 50,000 square feet of gross floor area, are
located within amulti-tenant or multi-use shopping.area or other multi-tenant
development and meet the mixed use requirements of Subsection 537.04, Subd. 2.
Subd. 3. General retail services in MU-N. General retail services in the MU-N
district provided the following conditions are met: The retail uses front on an arterial
street and meet the area requirements of Subsection 537.04, Subd. 2.
Subd. 4. Restaurant Class I in MU-C. Class I restaurants in the MU-C district
provided that alcoholic beverages shall not be served unless the lot abuts an arterial
or collector street.
Subd. 5. Restaurant Class III or Drive-Up Window or Teller Service. Uses with
drive-up window or teller service provided the following conditions are met:
a) No drive-up window or lane shall be adjacent to a public street;
b) Drive-up uses shall be limited to one service window which is part of a
primary structure and no more than two queuing lanes, unless approved
along with additional landscaping, screening, or other improved pedestrian
amenities such as fencing, seating, raised pedestrian crossings, etc;
c) Drive-up must be part of amulti-tenant mixed-use development.
Freestanding buildings shall not have drive-up facilities unless they are
designed to minimize impacts to the pedestrian environment and adequately
address circulation issues and potential noise or light pollution;
d) There shall be no curb cuts on public streets exclusively for the use of drive-
up queuing or exit lanes. Drive-up traffic shall enter and exit from internal
circulation drives.
Richfield City Code (Zoning)
MU District
537.05, Subd. 5 (e)
e) Queuing space for at least four cars (70) feet shall be provided per drive-up
service lane as measured from but, not including the first drive-up service
window or teller station. Such queuing space shall not interfere with parking
spaces or traffic circulation;
f) Any drive-up service window, teller or order station, or exterior loudspeaker
shall be located at least 150 feet from any parcel with residential uses on the
first floor;
g) The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections;
h) Alcoholic beverages shall not be served; and
i) Exterior speakers shall comply with the noise control limits set by
Subsection 930 of the City Code.
Subd. 6. New auto sales or lease businesses. Motor vehicle sales of new vehicles
provided the following conditions are met:
a) Motor vehicle repair and service and sales of used vehicles are allowed when
accessory to new vehicle sales. Used auto sales shall be permitted only as an
integral part of a new auto sales business (from the same land parcel and in
close proximity to the new cars).
b) The business shall be licensed under Subsection 1155 of the City Code;
c) The use site shall not abut a lot which is in the R or R-1 District. For the
purpose of this subdivision, a lot which merely adjoins the use site at one
corner shall not be deemed to abut the use site;
d) A buffer yard of not less than 15 feet in width shall be provided to separate
all aspects of such use from abutting parcels;
e) Landscaping for the site, including display areas, shall comply with the
Performance Standards described in Subsection 541 of this code;
f) Inoperable vehicles shall not be stored on the premises, except in
appropriately designed and screened areas as approved by the City;
g) Parking of vehicles for sale or lease on public right-of--way shall be
prohibited;
h) All repair, assembly, disassembly, maintenance, and detailing of vehicles
shall occur within an enclosed building, except minor maintenance such as
tire inflation or adding windshield wiper fluid; and
i) .Any exterior speaker shall comply with the noise control limits set by
Subsection 930 of the City Code.
Subd. 7. Auto mechanical or body repair shops. Auto mechanical or body repair
shops provided the conditions detailed in the C-2 District are met (534.07 Subd. 12).
Subd. 8. Auto detailing_shops. Auto detailing shops provided the conditions
detailed in the C-2 District are met (534.07 Subd. 13)
Subd. 9. Firearms Related Uses. Firearms related uses provided the conditions
detailed in the C-2 District are met (534.07 Subd. 17).
Richfield City Code (Zoning)
MU District
537.05, Subd. 10
Subd. 10. Schools in MiJ-R. Schools in the MU-R district provided the following:
the school has a regional orientation, be oriented to secondary, post secondary,
business or vocational learning and be part of a mixed-use development.
Richfield City Code (Zoning)
MU District
537.07. Bulk and Dimensional Standards. Subdivision 1. The following table
establishes certain bulk standards for the MU Districts.
Table 2. Mixed Use Bulk and Dimensional Standards
537.07
Standard MU-R MU-C MU-N
Building Storied 2 min No 2 min 12 max 2 min 8 max
max
Building Coverage 50% 75% 30% 50% 0 min 50%
min max min max max
Maximum Impervious Surface 85% of gross 80% of gross 75% of gross
Covera a arcel area arcel area arcel area
Usable Open Space Requirement 5% of gross 5% of gross parcel 10% of gross
arcel area area arcel area
Street Level Active Use Building 60% minimum 50% minimum No minimum
Fronta e
Residential Set backs (standard
setbacks)
Front -build to line 10' 20' 10' min 20' 15' min 25' max
Side min max 5' min max 5' min
Rear 5' min 5' min 5' min
(zero lot line setbacks) 5' min
Front -build to line 10' min 15' min 25' max
Side 10' 20' 0' min 20' 0' min
Rear min max 0' min max 0' min
0' min
0' min
Commercial and Mixed Use Set
backsZ (standard setbacks)
Front (build to line)
Side 0' min 15' 0' min 15' S' min 15' max
Rear 5' min max 5' min max 5' min
(zero lot line setbacks) 5' min 5' min 5' min
Front -build to line
Side 0' min 0' min 5' min 15' max
Rear 0' min 15' 0' min 15' 0' min
0' min max 0' min max 0' min
Front yard setback for upper 20' 20' min 20' min
stories after the 3rd sto min
Set backs and landscape area 5' min 5' min 5' min 5' min
(front yard arkin )
Set backs and landscape area to I- 15' 15' min 15' min
494 min
~ Parking structures shall not be included in calculation of building stories.
Single story portions of structures may be allowed provided they are attached to a principal structure that is two or more
stories in height and that the footprint of the single story portion of the structure is no more than 40% of the total
structure's footprint.
z Standard setbacks apply to all uses except zero lot line developments. The front setback is a build-to line designed to
locate buildings in close proximity to the public street. Zero lot line setbacks allow buildings to be placed on an interior
property line if that structure and the adjacent structure are designed with that placement in mind and a wmpatible
relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas
and glazed facades.
Richfield City Code (Zoning)
MU District
537.07, Subd. 2
Subd. 2. Mix of Uses Required. A mix of uses within a building is required in the
MU-C district and other building use criteria apply to the MU-R and MU-N districts.
a) In the MU-R district a mix of uses is not required, however, residential uses
are permitted up to 25% ofthe total building floor area on the site. i.e. if a
site contains 100,000 square feet of building floor area, no more than 25,000
square feet of building area can be devoted to residential units and the
common areas or associations that serve residential units.
b) In the MU-C district a mix of uses is required for development sites that
exceed two acres in size. No single use type (retail, office, service, hotel,
residential, etc.) can exceed 75% of the total building floor area on the site.
c) In the MU-N district a mix of uses is not required, however, no more than
10% of the total building floor area on the site or within the development can
be devoted to non-residential uses. Total non-residential floor area in a
residential development or building shall not exceed 10,000 square feet.
537.09. Parking Standards. Subdivision 1. Off Street Parking Ratios. The following
table establishes minimum parking standards for uses within the Mixed Use Districts.
Table 3. Minimum Parking Standards for Milted Use Districts
Land Use Type Off Street Parking Ratio
MU-R MU-C MU-N
Commercial Retail * 4 3 3
Commercial Services * 3 2 2
Office * 3.5 2 2
Civic * 3 2 2
Hotel or motel (per room) 1 1 1
Residential Townhouse ** 1.5 1.5 1.5
Residential Multi-family ** 1.5 1.5 1.5
Other Uses As determined by the Zoning Administrator
* Per 1,000 square feet of gross floor area.
** Per dwelling unit.
Subd. 2. Other Parking Requirements. All other parking requirements shall be
dictated by Section 544 of this code.
537.11. Other Performance Standards. Subdivision 1. Development shall comply
with the provisions of Section 544 and the following standards.
Subd. 2. Exterior Lighting. Exterior lighting should be used to provide illumination
for the security and safety of entry drives, parking, service and loading areas,
pathways, courtyards and plazas, without intruding on nonadjacent properties.
Exterior lighting shall comply with 544.09 and the following standards:
Richfield City Code (Zoning)
MU District
537.11, Subd. 2 (a)
a) Poles and fixtures shall be architecturally compatible with structures and
lighting on- site and on adjacent properties.
b) Security lighting shall be adequate for visibility, but not overly bright.
c) Metal halide lighting shall be used with a concealed light source of the "cut-
off" variety to prevent glare and "light trespass" onto adjacent buildings and
sites.
d) Separate pedestrian scale lighting or other low level fixtures, such as
bollards, shall be incorporated for all pedestrian ways through parking lots
and drop-off areas at entrances to buildings.
e} All primary walkways, steps or ramps along pedestrian routes shall be
illuminated.
Subd. 3. Architectural Standards. Exterior windows shall not be flush with the
exterior walls. The windows shall utilize window trim with a minimum relief of 1"
from the exterior wall or other similar articulation.
Subd. 4. Building Relationship to Street and Pedestrian Areas. All new retail,
commercial, office, and mixed-use buildings are to provide a variety of active uses
along a public street and/or major pedestrian area. This includes, but is not limited
to, the use of multiple street front shops or businesses, multiple entrances into large
single tenant buildings and design treatments of entrances, windows, facades etc.
New buildings and developments shall comply with the following standards for
building orientation and primary entrance:
a) All buildings shall have at least one primary patron entrance facing an
abutting public street, rather than the parking area. Buildings abutting a
major pedestrian circulation area as defined in Subsection 537.06,
Subdivision 10 shall have at least one primary entrance facing and accessing
the major pedestrian circulation way. Primary entrance is defined as the
principal entry through which people enter the building. A building may
have more than one primary entrance. Primary entrances shall be open to the
public during all business hours.
b) Primary building entrances shall be architecturally emphasized and visible
from the street. Principal patron entrances should be clearly defined and
highly visible utilizing such design features as awnings, canopies, pillars,
. special building materials or architectural details.
c) Commercial or mixed-use structures that have over 60 linear feet of frontage
on a major pedestrian area, public sidewalk or major street shall have a
principal patron entrance onto the major pedestrian area, public sidewalk or
major street. For building facades over 200 feet in length facing a street, two
or more building entrances on the street must be provided.
d) Building entrances shall incorporate arcades, roofs, porches, alcoves,
porticoes and awnings that protect pedestrians from the rain and sun.
e) Buildings shall include changes in relief on 15% of their street facades such
as cornices, bases, window treatments, fluted masonry or other designs for
pedestrian interest and scale.
Richfield City Code (Zoning) 537.11, Subd. 4 (f)
MU District
f) Building facades greater than 100 feet in length shall have offset jogs, using
elements such as bay windows and recessed entrances or other articulation
so as to provide for pedestrian scale to the first floor and to avoid long
continuous unbroken building facades.
Subd. 5. Windows Window Walls Blank Walls and Design of the Ground Floor of
Non-Residential Buildings.
a) All development shall provide ground floor windows along street facades,
parks, plazas or other public outdoor spaces. Required window areas must be
either windows that allow views into working areas or lobbies or pedestrian
entrances or display windows. Required windows shall have a sill no higher
than 4 feet above grade, except as follows. Where interior floor levels
prohibit such placement, the sill height maybe raised to allow it to be no
more that 2 feet above the finished floor level up to a maximum sill height of
6 feet above grade.
b) For any wall within 30 feet of a street or a major pedestrian area, at least
20% of the ground floor wall area facing the street or pedestrian area shall
be display areas, windows, or doorways: Blank walls along streets, public
outdoor spaces and major pedestrian areas are prohibited.
c) Darkly tinted, frosted windows or any windows that block two way visibility
are prohibited as ground floor windows along street facades.
Subd. 6. Upper Story Setbacks. Upper story setbacks shall be required for
structures over 3 stories that are adjacent or across a street from residential or public
parklands. Upper story setbacks shall be achieved by:
a) Floors above the third floor or fifty (50) feet shall be stepped back a
minimum of twenty (20) feet, and
b) All buildings shall be stepped back such that the height of the building
fagade does not exceed an angle greater than forty-five (45) degrees from the
average street elevation beginning at a point at the curb on the opposite side
of the street.
c) Exception. The Director may waive the building step-back requirements of
this Subsection provided that the applicant clearly demonstrates the
proposed project:
(i) Includes window treatments, entry placement, fagade relief and other
architectural treatments to provide visual interest and pedestrian-
sensitive design at the street level and to maintain a human scale in the
streetscape; and
(ii) Extends the same architectural features above the ground floor level
through variations in design, detail and proportion and by avoiding
designs featuring a monolithic street facade; and
Richfield City Code (Zoning)
MU District
537.11, Subd. 6 (c)(iii)
(iii) Is designed as not to obstruct sunlight from falling on a given point on
the back of the sidewalk on the opposite side of the street for more
than four hours in any given day between September 21 and March 21.
Subd. 7. Vehicular Circulation and Parkins. Parking and vehicular circulation shall
comply with the standards in Subsections 544.11, 544.13 and the following
standards:
a) Parking drives should be located away from building entrances, be designed
to minimize pedestrian conflicts and shall not be located between the main
building entrance and the street;
b) Surface parking lots shall be oriented behind or to the side of buildings;
c) Driveway access and parking lots shall be shared as much as possible;
d) Above grade parking ramps shall be located towards I-494 to provide
shielding or buffering of I-494 from other uses on site;
e) Parking ramps shall be designed to be architecturally integrated into the
overall site and be made of comparable materials and decorative elements;
f) For parking lots within pedestrian corridors, refer to Subdivision 8;
g) Bicycle racks or storage shall be provided; and
h) Cross access and circulation across adjoining parcels is required, where
appropriate and feasible. Joint circulation shall be documented in a cross
access and circulation easement and agreement,
Subd. 8. Pedestrian and Bicycle Circulation. Pedestrian and bicycle circulation and
access shall comply with the standards in Subsection 544.15 and the following
standards:
a) Developments shall implement an on-site pedestrian and bicycle circulation
system that complies with the Vision Plan for the district as adopted in the
Comprehensive Plan or any other redevelopment plan for the district; and
b) Sidewalks are required along both sides of all public right-of--ways.
Subd. 9. Required Open Space. Within the mixed-use districts, a "major pedestrian
area" of usable open space is to be the central organizing element that links the
different parts of the corridor into a whole. The major pedestrian area is to be a
continuous central spine of pedestrian circulation along the length of the I-494
corridor roughly midway between 77th Street and I-494. This pedestrian area shall
be designed for pedestrian circulation and may include gathering and event space.
Landscape setback areas and other impervious areas are to be landscaped to enhance
the aesthetics of the area and to define outdoor space. The landscape setback area
next to I-494 is to be a green edge of landscaping that may include, but not be limited
to trees, shrubs, vines and herbaceous plants. Open space can shape and serve as a
transition between different uses and provide focal points and anchors for pedestrian
activity. The required open space shall:
Richfield City Code (Zoning)
MiJ District
537.11, Subd. 9 (a)
a) Abut a public sidewalk or major pedestrian circulation area and shall be
accessible to the public during daylight hours;
b) Include a combination of public and semi-public gathering spaces, such as
plazas, tied together through a linear green corridor along its center;
c) Include a buffer of landscape plantings along I-494 or other physical barriers
to enhance the community's image and to buffer uses from noise or other
nuisances;
d) Be used for treatment of storm water, only if it is designed as part of the
overall open space system such that the storm water treatment or storage is
used as a decorative element, and has no negative.impact on recreation or the
enjoyment of the open space;
e) Include plazas, or patios that are integrally designed to accentuate the
architecture on-site and to tie off-site elements into an overall theme or
character by use of decorative pavers, public art, decorative lighting, seating,
planters, or other features. Usable open space shall be a minimum of 1,000
square feet in size and a minimum of 20 feet wide in any direction;
f) Be designed to have good public visibility to encourage pedestrian use of the
on site outdoors amenities, while at the same time enhancing the security of
such places by placing public entrances on the open space and ground floor
windows along the open space; and
Be designed such that, in the City's judgment, the spaces adequately enhance such
development and serve as gathering places for visitors, customers, residents, and
employees and are consistent with the Comprehensive Plan or any redevelopment
plan for the district.
Subd. 10. Use Transitions. The following options should be used as use transitions:
a) When multi-family, office, small-scale retail, pedestrian intensive retail,
civic or public uses are planned as part of a mixed use development, the
lesser intensive uses'or the more community serving uses may be used as
transitions to adjacent residential uses.
b) Larger commercial or office buildings may be mitigated with building fagade
articulation, by locating parking lots or structures or other potential
nuisances away from residential uses, or by stepping down building height in
the area immediately adjacent residential uses.
c) Streets and streetscape can be used as a transition between uses. The
distance and separation afforded by the public right-of way, together with
streetscape improvements on both sides of the street may be utilized as a
transition to adjacent development.
d) Green spaces, courts, squares, parks, plazas, etc. may be used to create a
meaningful transition between uses.
In situations where the above do not provide adequate transition, additional
landscaping may be required as determined by the Director.
Richfield City Code (Zoning)
MU District
537.13
537.13. Non-conformities. Subdivision 1. Expansion of Non-Conforming Uses.
Existing legal non-conforming uses may be maintained according to City Code
Subsection 509.23. The City Council may allow expansion of legal non-conforming
uses through issuance of a conditional use permit. Expansion may be allowed up to 10%
of the gross floor area provided the expansion meets all other applicable City
requirements. Any expansion or modification of a legal non-conforming use should not
significantly impede implementation of goals and policies of the Comprehensive Plan.
Subd. 2. Expansion of Dimensional or Bulk Non-conformities. Legally
nonconforming uses existing prior to February 19, 2006 that do not meet
dimensional or bulk standards of the Mixed Use zoning district may be expanded
through review and approval of a site plan -Subsection 547.13. Expansion or
modification of a legal conforming use shall:
a) Not increase the degree of non-conformity,
b) Result in the building and property being in greater conformance with the
goals and policies of the Comprehensive Plan,
c) Not significantly impede implementation of goals and policies of the
Comprehensive Plan.
Richfield City Code (Zoning) 539.01
I District
SECTION 539 - ZONING: INDUSTRIAL DISTRICT (~
(ADDED, BILL No. 2007-19)
539.01. Purposes. The purposes of the I District are to provide appropriately located areas
with adequate space to meet the needs of modern industrial and light manufacturing,
including off-street parking areas, loading areas and landscaping; permit and reserve areas
for employment activity and service to the public which do not materially detract from
nearby uses; provide sufficient open space around industrial structures to protect them
from the hazards of fire; protect areas appropriate for industrial uses from intrusion by
inharmonious uses, while also protecting nearby properties from hazardous influences;
and minimize traffic congestion and avoid the overloading of utilities by preventing the
construction of buildings of excessive size in relation to the surrounding land, buildings,
and infrastructure.
539.03. Permitted uses. Subdivision 1. The uses listed in this Subsection are permitted
uses in the I District.
Subd. 2. Light manufacturing, warehouse, assembly, distribution, packaging,
processing, research, repair, service, wholesale, retail, and office uses with 80,000
square feet or less of gross floor area (excluding those uses listed in Section 539.07 of
this code).
Subd. 3. Food products manufacturing except for fish, meat products, sauerkraut,
vinegar, yeast and the rendering or refining of fats and oils.
Subd. 4. Those uses outlined in Section 534.03, Subdivisions 6 through 9 of this code:
539.05. Accessory uses. Subdivision 1. The uses listed in this Subsection are allowable
accessory uses in the I District.
Subd. 2. Living quarters for security personnel, provided they are located within the
principal structure.
Subd. 3. One accessory building which is 750 square feet or less in gross floor area.
In addition to the general accessory building provisions of Subsection 509.09,
accessory buildings must meet the following criteria:
a) In the case of a through lot, no accessory building shall be located within 40
feet of the lot lines abutting either street;
b) In the case of a corner lot, no accessory building shall be located in the yard
area between the principal building and either street; and
c) The design and features of an accessory building shall be complimentary to the
principal building.
Subd. 4. Roof-mounted television antennas
Richfield City Code (Zoning)
I District
539.07
539.07. Conditional uses. Subdivision 1. The uses listed in this Subsection are
conditional uses in the I District, and are subject to the conditional use permit provisions
outlined in Section 547.05 of this code.
Subd. 2. Light manufacturing, warehouse, assembly, distribution, packaging,
processing, research, repair, service, wholesale, retail, and office uses with over 80,000
square feet of gross floor area.
Subd. 3. Those uses outlined in Section 534.07 Subdivisions 4 through 23 of this
code, subject to the same conditions.
Subd. 4. Vehicle towing businesses, provided the following conditions are met:
a) A buffer yard of not less than 15 feet in width shall be provided to
separate all aspects of such use from any abutting parcel;
b) Parking of towed vehicles on public right-of--way shall be prohibited;
c) Any outdoor storage of towed vehicles shall be fully screened from
view of adjacent properties and public right-of-way; and
d) ,Hours of operation may be limited by the Council to protect any
neighboring residential properties from adverse impacts.
539.09. Prohibited uses. Subdivision 1. Prohibited uses are listed in Section 516.11.
Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this chapter
or in Subsection 512.11 is prohibited in the I District unless the use is found to be
substantially similar to a use listed, as determined by the City in accordance with Section
509.05 of this code.
539.11. Dimensional requirements. Subdivision 1. The following dimensional
requirements apply to the I District. All dimensions are in feet, unless otherwise indicated.
Minimum lot width Interior lot: 75 Corner lot: 100
Minimum lot area 10,000 s uare feet
Maximum impervious
surface covera e 90 percent
Richfield City Code (Zoning)
I District
539.11, Subd. 1 (cont.)
Setbacks - buildin Princi al buildin Accesso buildin
Front 40 40
Rear see also Subd. 2
Adjacent to residentially
zoned or used arcel 25 8
Adjacent to non-
residentially zoned or used
arcel 5 5
Street /corner side 30 30
Interior side
Adjacent to residentially
zoned or used arcel 25 25
Adjacent to non-
residentially zoned or used
arcel 3 3
Maximum building height
ut see Subd. 3 50 15
Sto limitations 3 stories 1 stories
Setbacks = arkin
Front but see Subd. 4 8 8
Street /corner side (but see
Subd. 4 8 8
Interior lot line
Adjacent to R, R-1 District 15 15
Adjacent to non-R, R 1
District 10 10
Subd. 2. Additional setback requirement: vehicle access door facing a rear lot line.
Whenever any accessory building is located in such a manner that a vehicle access door
faces a rear lot line, such rear setback requirement shall be not less than 20 feet;
Subd. 3. Additional height for certain structures. Towers, water tanks, or other
appurtenant structures may be increased to no more than 150 feet in height, provided
that the required setbacks be increased one foot for each two feet of building height in
excess of 50 feet, and provided such structure does not exceed 15 percent lot coverage
or 1,600 square feet in gross floor area at the base, whichever is less.
Subd. 4. Parking lot setback reduction. All new parking lots are expected to locate 8
feet from the right-of-way. In cases where modifications are being made to an existing
lot, the 8-foot setback may be reduced to 3 feet if the applicant can demonstrate that the
greater setback is not possible due to site constraints and if the applicant is able to meet
landscape requirements without the setback.
Richfield City Code (Zoning)
I District
539.13
539.13. Other regulations. Subdivision 1. The following additional requirements apply
in the I District.
Subd. 2. Site plan review. All developments in the I District are subject to Site~Plan
Review as described in Section 547.13.
Subd. 3. Performance standards. All developments shall be constructed and
maintained in accordance with the applicable performance standards set out in Section
544 of this code.
Subd. 4. Suns. Signs within the I District shall be regulated by Section 416 of the
City Code.
Subd. 5. Design guidelines. All property located within a design district or corridor
overlay district shall be subject to such district's additional requirements and/or
modifications.
Richfield City Code (Zoning)
Planned Unit Developments
SECTION 542 -ZONING: PLANNED UNIT DEVELOPMENTS
(ADDED, BILL No. 2007-19)
542.01
542.01. Purpose. Subdivision 1. Planned unit development (PUD) regulations provide
an opportunity for innovative and creative development, while assuring that the
development will complement existing neighborhood character. These regulations allow
flexibility beyond that allowed by other zoning districts, if the proposed development is
well designed and can be successfully integrated into the neighborhood. Planned
developments provide flexibility in the application of the zoning code as it pertains to
dimensional requirements, density and land uses without the use of the variance
procedure of the code. Planned developments are also intended to encourage the
efficient use of land and resources, to promote efficiency in public and utility services,
and to encourage innovation in the planning and building of all types of development.
542.03. Scope of PUD Districts. Subdivision 1. Planned district regulations are
applied in conjunction with a guiding district, as described in the following table. The
planned district provisions may modify any portion of the regulations of the guiding
district or other regulations of the code. The provisions may apply additional
requirements or allow exceptions to general regulations. The specific regulations of the
guiding district or other regulations of this code apply unless the planned district
provides other regulations for the same specific topic.
PUD District Abbreviation Guidin Districts
Planned Residential PR R & R-1
Planned Two Famil Residential PMR-1 MR-1
Planned Multi-Famil Residential PMR MR-2 & MR-3
Planned Service Office PSO PSO
Planned Nei boyhood Commercial PC-1 C-1
Planned General Commercial PC-2 C-2
Planned Mixed Use PMU MU-N, MU-C, & MU-R
Planned Industrial PI I
Subd. 2. Minimum area. A PUD district shall contain not less than one acre
(43,560 square feet) in lot area.
Subd. 3. PMR-1 density limitation. In the PMR-1 District, the density of two-
family dwellings shall not exceed ten dwelling units per acre.
Subd. 4. Mixed or multiple land uses. Both residential and non-residential land
uses may be included in a single PUD district provided that:
a) The uses are those that are authorized in one of the eight types of
PUD districts;
Richfield City Code (Zoning)
Planned Unit Developments
542.03, Subd. 4 (b)
b) The land use that is not normally allowed in the guiding district shall
not occupy more than 25 percent of the gross floor area in the
planned unit development; and
c) Not withstanding the foregoing, an adult establishment as defined and
regulated in Section 1196 of the City Code is not permitted in any
PUD district otherthan a PC-2, PMU, or PMI district.
542.05. PUD review procedures. Subdivision 1. Applications for rezoning to PUD
and approval of a site plan in a PUD zoning district shall follow these steps:
1) Concept plan review
2) Preliminary development plan review (PDP)
3) Final development plan (FDP) review.
Subd. 2. Optional submission of final development plan (FDP). In cases of
single-stage PUDs, or where the applicant wishes to begin the-first stage of a
multiple-stage PUD immediately, the applicant may at his option submit an
application for the FDP review simultaneously with the concept plan review. In
such case, the applicant shall comply with all provisions of this chapter
applicable to submission of the FDP. The Planning Commission and City
Council shall consider such applications simultaneously and shall grant or deny
the FDP in accordance with the provisions of Section 542.11.
542.07. Concept plan review. Subdivision 1. The purpose of the PUD Concept Plan is
to afford the applicant an opportunity to have the general feasibility of a PUD proposal
informally reviewed by the City without incurring substantial expense.
Subd. 2. Required information. A PUD concept proposal statement shall
provide the following information, a completed application form and the
required review fee:
a) Name and address of person(s) requesting establishment of the PUD
district;
b) A drawing that identifies the location and boundaries of the proposed
PUD district; '
c) A preliminary site plan with a written narrative and financiaUfunding
summary; the narrative shall describe how the PUD advances the
objectives of the Comprehensive Plan and why the PUD serves better
than the regulations of the guiding district to meet those objectives.
d) Anticipated timing for each stage of development; and
Richfield City Code (Zoning)
Planned Unit Developments
542.07, Subd. 2 (e)
e) Any additional information as required by the Director to determine
the PUD's conformance to the Comprehensive Plan and any
applicable redevelopment plans.
Subd. 3. Response to the PUD concept proposal statement. Within 20 days of
receiving a completed PUD concept plan application, the Director shall produce
a written response to the application that may include comments and/or
recommendations. A PUD application may proceed only after a response has
been submitted to the applicant. Acceptance of or response to the PUD concept
plan by the Director shall not constitute or require approval of the PUD rezoning
or site plan. Review by the Planning Commission or City Council of a Concept
Plan is not mandatory but may be conducted at the request of the applicant or the
recommendation of the Director.
542.09. Preliminary development plan review. Subdivision 1. All PUD preliminary
development plans. shall be reviewed under the zoning amendment process as set forth in
Section 547.07 of this code.
Subd. 2. Required information. In addition to the information required under
Section 547.07 of this code, the following must be information is required:
a) If land encompassed within a proposed PUD is to be platted,
replatted or subdivided, all material for review under Section 500 of
the City Code is also required. Subdivision review under Section
500 shall be carried out simultaneously with the review of a PUD.
b) Proposed declarations of covenants, conditions and restrictions,
articles of owners, associations and all other such documents as the
City may deem necessary in such form and containing such
provisions as will ensure:
i. That adequate property control is provided to protect the
individual owner's rights and property values; and
ii. To ensure continuing compliance with the PUD, as approved.
c) The City shall require that declarations of covenants, conditions and
restrictions, or other documents provide that in the event any
association or corporation fails to maintain properties in accordance
with the applicable ordinances and regulations of the City or fails to
pay taxes or assessments on properties as they become due, and in
the event the City incurs any expenses in enforcing its ordinances or
rules and regulations, which expenses are not immediately
reimbursed by the association or corporation, the City shall have the
right to assess each property its pro rata share of such expenses. The
assessments, together with interest thereon and costs of collection,
shall be a lien on each property against which each such assessment
is made.
Richfield City Code (Zoning)
Planned Unit Developments
542.09, Subd. 3
Subd. 3. Required findings. The findings necessary for approval of a PUD
application shall be as follows:
a) The proposed development conforms with the goals and objectives of
the City's Comprehensive Plan and any applicable redevelopment
plans;
b) The proposed development is designed in such a manner as to form a
desirable and unified environment within its own boundaries;
c) The development is in substantial conformance with the purpose and
intent of the guiding district, and departures from the guiding district
regulations are justified by the design of the development; (Amended,
Bill No. 2002-22)
d) The development will not create an excessive burden on parks,
schools, streets or other public facilities and utilities that serve or are
proposed to serve the development;
e) The development will not have undue adverse impacts on
neighboring properties; and
f) The terms and conditions proposed to maintain the integrity of the
plan are sufficient to protect the public interest.
Subd. 4. Limitation on preliminary development plan approval. The City
Council's approval of a PUD preliminary development plan shall expire unless:
a) Construction has commenced or an application for final plat has been
filed within one year of the date the City Council approves the PUD
preliminary development plan, or
b) Construction has commenced or an application for final plat has been
filed within two years of the date that the City Council approves the
corresponding final plat for the first stage or the entire boundary of
the PUD preliminary development plan, or
c) The applicant files a written request for an extension with the
Director at least 14 days prior to expiration of Council approval.
Upon receipt of said request the~following process shall be carried
out:
i. The Director shall place the applicant's request on the agenda of
a regularly scheduled Council meeting to held within 30 days of
the filing of the extension request;
ii. The Council at its discretion may grant the extension for not more
than one year if such extension is demonstrated to be necessary.
One such extension maybe made.
Richfield City Code (Zoning)
Planned Unit Developments
542.09, Subd. 5
Subd. 5. Site improvements. A grading permit may be issued at any time
following the City Council's approval of the PUD Development Plan.
542.11. Final development plan and conditional use permit. Subdivision 1. Upon
approval of the PUD application and rezoning, but prior to issuance of building permits,
the applicant shall submit a final development plan together with an application for a
conditional use permit for the development shown in the final development plan. This
plan must be consistent with the approved PUD application. Final development plans
and conditional use permits shall be processed according to the procedures established in
Section 547.09, Subdivisions 4 and 5.
Subd. Z. Submittal requirements. Application for final development plan and
conditional use permit approval shall consist of the following:
a) If required, a final plat of the land to be developed;
b) All materials required under Section 542.09 in "final" form;
c) Additional information as required by the Director or Council.
Subd. 3. Legal instruments. As part of the final development plan and
conditional use permit, the applicant shall submit "final" declarations or
covenants, conditions and restrictions, articles of owners, associations and all
other such documents as the City may deem necessary pursuant to Section
542.09, Subdivision 2 of this code.
Subd. 4. Building Permits. Upon approval by the Director, the building
permit application, along with the appropriate information required for
building permits shall be submitted to the Building Official who shall
process the building permit in conformance with the Building Code.
Subd. 5. Security deposit. Security deposits shall be provided in
accordance with Section 547.17 of this code.
542.13. Amendments to an approved PUD final development plan.
Subdivision 1. Amendments to an approved PUD Development Plan shall be
administered as follows.
Subd. Z. Minor Amendments. Minor amendments to a PUD final
development plan are:
a) Size increases to signage approved as part of the PUD (Changes that
do not result in an increase in signage or changes to signage not
included in the final development plan do not require an amendment.
All changes to signage require a sign permit.);
b) Landscape changes;
c) Parking lot configuration changes (not change in number of spaces);
d) Less than a ten percent change in floor area in any one structure;
Richfield City Code (Zoning)
Planned Unit Developments
542.13, Subd. 2 (e)
e) Less than a ten percent change in the approved separation of
buildings;
f) Less than five percent change in the ground area covered by the
project;
g) Less than a five percent change in the number of residential units; or
h) Less than a five percent change in the number of parking spaces.
Subd. 3. Major Amendments. Major amendments to a PUD final
development plan are:
a) Any decrease in the amount of approved open space;
b) More than a ten percent change in floor area in any one structure;
c) More than a ten percent change in the approved separation of
buildings;
d) Any change in the original approved setbacks from property lines;
e) More than five percent change in the ground area covered by the
project;
f) _ More than five percent change in the number of parking spaces; or
g) The introduction of new uses not included in the FDP approval.
Subd. 4. Review of minor amendments. Proposed minor amendments
(as specified in Subdivision 2 above) to a PUD Development Plan shall be
reviewed and decided by the Director. Decisions of the Director may be
appealed to the City Council. The Director may determine that a proposed
minor amendment is in fact a major amendment and may refer such proposed
amendments to the Planning Commission and Council according to the
procedure established in Subd. 5, below. Application fees for a minor
amendment to a PUD Development Plan are set forth in Appendix D of this
code.
Subd. 5. Review of major amendments. Subdivision 1. Any major amendment
to a PUD Development Plan shall be considered by the Planning Commission at
a public hearing. The recommendation of the Planning Commission shall be
considered by the City Council. Any major amendment shall require a majority
vote of the Council.
Subd. 6. Determining if the Underlying PUD District Must Be Rezoned.
Subdivision 1. Proposed amendments to a PUD Development Plan that would
substantially change the use of the proposed development from one zoning
classification to another will require that the parcel in question be rezoned to the
appropriate PUD district. Procedural requirements for a rezoning are set forth in
Section 547.07. (Amended, Bill No. 2002-22)
Richfield City Code (Zoning)
Planned Unit Developments
542.15
542.15. Fees. The application fee for a PUD or amendment thereto is set by Appendix
D of the City Code. In addition, legal fees, consultant fees, and other reasonable costs
incurred by the City in its review and consideration of the PUD application shall be paid
by the applicant.
Richfield City Code (Zoning) 544.01
General Building and Performance Standards
SECTION 544 -ZONING: GENERAL BUILDING AND
PERFORMANCE STANDARDS
(ADDED, BILL NO.2007-19)
544.01. Purpose and application. Subdivision 1. Purpose. These performance
standards establish specific requirements and quantifiable limitations, intended to ensure
high standards of development, promote compatibility among various uses of land, and
to protect the health, safety and welfare of the community.
Subd. 2. Application. The performance standards outlined in this Section 544 shall
apply to all new developments, including full redevelopment. These standards shall
also apply when a development application involves existing developments with
non-conforming site improvements that are required to comply based on Section
509.23, or changes that lead to an increased intensity of use. Single- and two-family
developments are exempted from Section 544, unless otherwise noted.
544.03. Landscaping and screening requirements. Subdivision 1. A landscaping and
screening plan shall be submitted as part of any Site Plan application (Section 547.13).
Subd. 2. Purpose. The City of Richfield fords that proper landscaping on newly built
or redeveloped sites adds to the health, safety, aesthetic, ecological and economic
values of the community. The provisions of this section are intended to:
a) Add visual interest to open spaces and blank facades;
b) Soften dominant building mass;
c) Provide definition for public walkways and open space areas;
d) Enhance the streetscape by separating the pedestrian from motor vehicles
and by reducing the visual impact of large expanses of pavement;
e) Ensure significant tree canopy shading to reduce glare and heat build-up;
f) Improve the visual quality and continuity within and between developments;
g) Provide screening and mitigation of potential conflicts between active areas
and more passive areas;
h) Protect and improve property values;
i) Improve air quality and provide a buffer from air and noise pollution;
j) Ensure aesthetic treatment of ponding areas;
k) Enhance the overall aesthetic conditions within the City;
Richfield City Code (Zoning) 544.03, Subd. 2 (1)
General Building and Performance Standards
1) Limit sight line obstructions;
m) Reduce the potential for criminal and illegal activities; and
n) Prevent conflicts with utilities.
Subd. 3. Plan submittal requirements. Landscape plans shall be prepared by a
landscape architect or other qualified person (as determined by the Director), drawn to
an appropriate scale and show:
a) Current and accurate certificate of survey;
b) Locations of existing and proposed buildings, parking lots, roads, walkways
and other improvements; .
c) Proposed grading and drainage plan with no greater than two (2)-foot
contour intervals;
d) Location and approximate size of existing trees greater than four (4) inches
in diameter and shrubs;
e) A planting schedule containing symbols, quantities, common and botanical
names, size of plant materials, root condition and special planting
instructions;
f) Planting details illustrating proposed locations of all new plant material;
g) Locations and details of other landscape features, including berms, fences,
and retaining walls;
h) Across-section drawing at a measurable scale illustrating the effectiveness
of proposed screening both at the time of planting and the anticipated
screening with five years of growth (if requested by the Director);
i) Details of restoration of disturbed areas, including areas to be sodded or
seeded;
j) Irrigation systems including system limits; and
k) A security deposit shall be provided in accordance with Subsection 547.17
of this code:
Richfield City Code (Zoning) 544.03, Subd. 4
General Huilding and Performance Standards
Subd. 4. General landscaping requirements. The City intends that each new
landscaping and screening plan be designed to a high level of quality because of the
needs imposed by the relatively high development densities and land values in
Richfield. Designers shall strive to meet the standards outlined in Subdivisions 4
through 7, below. However, the Director shall review and decide the adequacy of each
landscaping and screening design based on whether or not it meets the intent of this
ordinance. The Director shall advise the Planning Commission as part of Site Plan
Review.
a) Area to be landscaped: All open areas of a lot which are not used or improved
for required parking areas, drives or storage shall be landscaped with a
combination of overstory trees, understory trees, shrubs, flowers and ground
cover materials.
b) Materials: The plan for landscaping shall include ground cover, shrubs, trees,
public art, walls, fences, decorative walks or other features or materials
acceptable to the Director.
c) Tree types and species: For sites requiring 10 trees or more as determined by
Subd. 5 for residential sites and Subd. 6 for commercial sites, not more than 50
percent of the required trees shall be composed of one species. No required
tree shall be any of the following:
i. A species of the genus Ulmus (elm), except those elms bred to be immune
to Dutch elm disease;
ii. Box elder; or
iii. Female ginko.
d) Minimum sizes of ornamental trees and shrubs: Ornamental trees shall
generally have a minimum caliper of 1-1/2 inches. (Caliper and height
requirements apply only to trees needed to satisfy the City's quantity
requirements. Once these are satisfied, any size can be used.) Shrubs shall be
five (5) gallons in size.
Richfield City Code (Zoning) 544.03; Subd. 4(e)
General Building and Performance Standards
e) Tree sizes: For sites requiring 9 trees or fewer, overstory trees shall have a
minimum caliper of 2.5 inches, and coniferous trees shall be a minimum of 6
feet in height. For sites requiring 10 trees or more as determined by the
following subdivisions, distributions shall be as described below:
Building
Height Minimum overstory tree size **
to tali per dnc/ies
(in stories) x 2.5 3.5 4.5
. 1 70% 20% 10%
2 60% 20% 20%
3 50% 30% 20%
4 40% 30% 30%
5+ 30% 40% 30%
~` Single-story building with a front fagade greater than 16 feet shall use the 2-story
requirements. Parking structures with ariy portion of a floor at or above finish grade will
be considered a story.
** To determine the minimum heights of coniferous trees multiply the overstory tree caliper
inch requirement by 2.4
Tree quantities may be increased in exchange for smaller sizes with the
approval of the Director. Generally, new overstory trees shall be balled and
burlapped or moved from the growing site by tree spade. The Director may
approve some to be bare root if the species is acceptable and the quantity is
increased.
f) Ground cover: All lot areas not covered by buildings, sidewalks, parking lots,
driveways, patios, or similar hard-surface materials shall be covered with sod
or an equivalent ground cover approved by the City. (Gravel and/or landscape
rock by itself does not constitute groundcover.)
g) Sight lines: Plantings after five years' growth must not interfere with auto
traffic sight lines at intersections nor interfere with pedestrian movement.
h) Irrigation: All landscaped areas within new developments or developments
with additions of 100 percent of gross floor area or more shall be irrigated by
an underground mechanical irrigation system. All other sites are highly
encouraged to install irrigation systems.
i) Existing trees and shrubs: In instances where healthy plant materials of
species acceptable to the Director exist on a lot prior to its development, the
application of the standards in this subdivision may be adjusted by the City to
allow credit for such material, provided that such adjustment is consistent with
the intent of this Code. A reasonable attempt shall be made to preserve as
many existing trees as is practicable and to incorporate them into the site plan.
No clearing shall be allowed on a site until tree retention and landscaping plans
have been approved. The following practices shall be followed in order to
protect existing trees;
Richfield City Code (Zoning) 544.03, Subd. 4 (i)(i)
General Building and Performance Standards
i. Protective fencing consisting of steel posts and conspicuously
colored fence at least 48 inches in height shall be placed in a
location surrounding the protected trees so that they will not be
damaged or jeopardized by construction. The protective fencing
shall be placed prior to the issuance of any development permits and
shall remain in place and in good condition until any construction
work that may jeopardize the health of the protected trees has been
completed. The protective fencing shall be installed at the edge of
the tree canopy or dripline or at a location defined by the Director;
ii. Areas within the protective fencing shall be off-limits to workers,
visitors, operating equipment, parked equipment, parked vehicles,
storage of materials and pedestrian traffic;
iii. Storage of fuels, chemicals, solutions and washing equipment shall
be no closer than 75 feet from fenced areas;
iv. When any construction traffic must pass nearer to a protected tree
than its dripline, a 12 foot.wide by 12 inch deep layer of shredded
hardwood mulch shall be placed over the impacted area. The 12
foot width by 12 in depth shall be maintained for the entire period of
construction that affects the protected tree. The mulch shall be
removed entirely at the end of construction;
v. Runoff from the construction site must be diverted to prevent
entrance or puddling in areas within the protective fencing;
vi. Trees removed in the construction area shall be felled away from
areas of protected trees to avoid disturbance or damage;
vii. Stumps must be ground to a depth of 1 foot below ground level.
Woodchips must be removed and the hole filled with appropriate
topsoil for the area;
viii. Pruning of protected trees will be allowed only for removal of
damaged, disfigured or crossing branches; climbing spikes shall not
be used to perform pruning;
ix. All brush must be removed;
x. Diseased wood cut from any site shall be disposed of at the tree
disposal site serving the City;
xi. If roots of trees to be protected are disturbed or damaged by
construction, they shall be immediately and cleanly cut back to
sound healthy tissue and covered with topsoil to a depth of six
inches;
Richfield City Code (Zoning) 544.03, Subd. 4 (i)(xii)
General Building and Performance Standards
xii. Any roots of protected trees that are uncovered by construction
operations shall be immediately covered with topsoil to a depth of
six inches;
xiii. Protected trees, and especially any tree damaged or disturbed by
construction operations, shall be watered during the growing season
in order to maintain adequate but not excessive soil moisture;
xiv. All work shall be performed with the proper equipment by qualified
personnel;
xv. Where fill must be placed around protected trees, a section of
protective fencing shall be placed around the trunk of the tree,
including root flares. Heavy equipment shall not be used to remove
soil nearer than 10 feet from a protected tree. Removal of soil
nearer than 10 feet from a protected tree shall be performed by hand;
xvi. Oaks are very susceptible to root damage by soil compaction. Avoid
placing fill around oak trees. This will avoid compaction by the fill
itself and by equipment used to remove it from around the tree;
xvii. For sites with significant existing trees to be protected, or where
limited space exists around trees to be protected, the Director~may
require that a qualified arborist or forester be "on-call" during the
project. In this case, the name and telephone number of the
qualified arborist or forester shall be placed prominently on the
approved construction documents;
xviii. Because some construction impacts cannot be avoided, and because
damage to a tree's root system is not immediately evident, the
Director may require submittal of a plan for post-construction care
for sites with protected trees; and
xix. Quality trees, as determined by the City Forester, of 4-8 inch caliper
should be transplanted on site or to another site when possible.
j) Slopes: Final slopes greater than 3:1 are assumed to be unmowable and must
have special treatment such as special seed mixtures or reforestation, terracing
or retaining walls. Berming used to provide required screening of parking lots
and other open areas shall not have slopes in excess of 3:1.
k) All landscaping must be installed within one growing season of building
completion or occupancy, whichever is first. A final certificate of occupancy
shall not be issued until all landscaping is complete. If, due to weather
conditions, it is not feasible to install required landscape improvements, a
temporary certificate of occupancy may be issued.
Richfield City Code (Zoning) 544.03, Subd. 5
General Building and Performance Standards
Subd. 5. Residential sites. Residential sites shall be landscaped to improve the
livability, beauty and value of housing; to screen and mitigate views of large parking
areas; to reduce the effect of traffic noise; to provide shade; and to help protect water
quality.
a) Quantities. These requirements are in addition to any plantings in the public
street right-of-way whether installed by the land developer or the City.
Single- and T~vo-Family Multiple-Family Dwellings
Dwellin s
Overstory
deciduous trees 1 er dwellin unit 1 er dwellin unit
Coniferous trees Maybe substituted on aone-for-one basis for the overstory
deciduous trees. '
Ornamental
deciduous trees 1 per unit.
Understory Foundation plantings are Foundation plantings are
shrubs required in all areas visible required in all visible areas.
from the ublic street.
b) Commercial edges: The density and initial size of plantings shall be increased
along non-residential edges and may be combined with berms, walls and
fences to achieve the objective of protecting the values, quietude and privacy
of the housing. Landscaping on the adjacent non-residential property may not
be substituted for plantings on the residential properly.
Subd. 6. Commercial and mixed-use sites. Commercial, multiple-use and vertically
mixed-use developments shall use plant materials, berms, slopes, retaining walls,
fences ,low masonry walls and public art to enhance the appearance of buildings and
parking areas; to provide visual relief from long blank walls; to improve the
environment for pedestrians; to improve compatibility with adjacent housing; and to
help protect surface water quality.
a) Locations: Such treatments shall occur on the perimeter of the site, within
parking areas and along building edges. In particular, special attention should
be paid to providing visual and auditory separation between commercial and
residential land uses and in hiding features such as truck docks and rooftop
mechanical equipment.
b) Quantities: Landscaping plans shall include a mixture of overstory,
ornamental, ground cover and berming. At a minimum, plantings shall be
provided on commercial and mixed use sites at this rate (which includes the
plantings for parking lots):
i. One tree per 2,500 square feet of Developable Landscaping Area; and
Richfield City Code (Zoning) 544.03, Subd. 6 (b)(ii)
General Building and Performance Standards
ii. One shrub per 1,000 square feet of Developable Landscaping Area
Developable Landscaping Area is defined as the total area of a development
site or phase minus the portion of that area within a natural water body or a
protected wetland.
c) Residential buffer yard: The density and initial size of plantings shall be
increased along residential edges and may be combined with berms, walls and
fences to achieve the objective of protecting the values, quietude and privacy
of the housing. .
When not regulated by other regulations of this Code, a buffer yard of not less
than 25 feet in width and 50% all-season opacity from the ground to a height of
6 feet shall be provided to separate all aspects of non-residential uses from
abutting residential parcels. The Council may reduce this requirement to not
less than 15 feet if significant additional landscaping and/or fencing, with 75%
all-season opacity, is provided to screen the use.
At the discretion of the Director, an elevation drawing may be required for any
residential buffer yard showing the visual effect after five (5) years of growth
as viewed from the residential property.
d) Buffer yard adjacent to non-residential land use: At a minimum, a mixture of
overstory and coniferous trees and shrubs shall be planted along the street edge
of all parking lots at the rate of 1 overstory tree (or 1 coniferous tree) for every
50 feet of street frontage (on average, may be grouped) plus 20 percent of the
ground covered by shrubs and/or perennials.
Subd. 7. Parking lots. Landscaping for parking areas shall screen and mitigate the
view of the parked cars and hard surface from adjacent surface streets and from
adjacent residential or commercial properties during all seasons of the year; shall
enhance the view of the building, whether commercial or residential; shall break very
large parking areas into identifiable bays; may be used to visually guide motorists
through the lot and to or from the entrances; shall provide some shade for pedestrians
and autos; and shall provide an area for pedestrian movement between public streets
and the primary building.
Richfield City Code (Zoning) 544.03, Subd. 7 (a)
General Building and Performance Standards
a) Perimeter plantings: At a minimum, a mixture of overstory and coniferous
trees and shrubs shall be planted along the street edge of all parking lots at the
rate of 1 overstory tree (or 1 coniferous tree) for every 40 feet of street frontage
(on average, maybe grouped); in addition, 25 percent of the ground should be
covered by shrubs and/or perennials. The view to the parking lot from grade
level should be screened to a height of three to four feet with a combination of
shrubs and/or earthen berms.
These plantings should normally be located on private property three feet
behind the property line but may be located in the public right-of--way with the
approval of the Public Works Director. In some areas, additional elements
such as a hedge and/or a fence may also be required at the discretion of the
Director.
b) Interior plantings: Parking lots for more than 25 vehicles must have at least 5
percent of their area devoted to landscaped islands planted with overstory
deciduous trees. The City prefers fewer but larger interior planting areas in
parking lots for the sake of lower maintenance, better tree health and greater
visual effect. The minimum size of a landscaped island is 180 square feet with
a minimum curb-face-to-curb-face dimension of 10 feet. Each planting island
should have two overstory trees or two ornamental trees if branches do not
interfere with sight lines or pedestrian movement. Compacted soil in planting
islands should be removed to a depth of 3.5 feet to provide adequate drainage.
Subd. 8. Streetscape plans and boulevard plantings.
a) Streetscape plans: In areas where a district or street-specific planting plan has
been adopted by the City Council for the public street right-of-way,
development must provide landscaping as set forth in that streetscape plan.
Streetscape plantings located within the property lines of the site may be
credited toward the required number of trees and shrubs but plantings in the
public right-of--way shall not. Landscaping placed or removed in the public
right-of-way must receive City approvals for right-of-way plantings and must
conform to City right-of-way planting policies.
b) Boulevard plantings: In instances of constrained sites (544.01 Subd. 9(b)),
landscape standards may be met through boulevard plantings under a permit
from the Richfield Public Works Department.
Subd. 9. Landscape and screening maintenance. The property owner shall be
responsible for maintenance of all landscaping, screening and fences in a safe
and sightly condition and for replacement of any dead trees, shrubs, ground
cover and sod required by this section.
Richfield City Code (Zoning)
General Building and Performance Standards
544.05
544.05. Screening of refuse collection and utilitarian items. Refuse collection,
recycling and utilitarian elements shall be designed into the interior space of buildings.
All delivery and loading operations, HVAC equipment, and other utility and service
function shall be grouped and arranged away from the public right-of--way and fully
screened from other public areas (exception see (c)).
a) Materials. Required screening may be achieved with fences, walls, earth
berms, hedges, two staggered rows of coniferous trees, a dense deciduous
hedge, or other landscape materials. All walls and fences shall be
architecturally harmonious with the principal building. Earth berms shall not
exceed a slope of 3:1 unless specially treated and approved.
b) Locations. All required screening or buffering shall be located on the lot
occupied by the use, building, facility, or structure to be screened. No
screening shall be located on any public right-of--way or within eight feet of the
traveled portion of any street or highway.
c) Site improvements or redevelopment consisting of less than a 100 percent
increase in gross floor area where the above requirements are impossible to
meet based on site constraints as judged by the Director shall conform to the
following requirements:
i. All residential structures with more than three units and all
commercial, industrial, and institutional uses shall provide a screening
enclosure for required dumpsters. Such enclosures shall be high
enough to completely screen the dumpster from all property lines;
ii. Dumpster enclosures shall be constructed of durable, weather
resistant materials which are properly anchored. Enclosure materials
shall be similar to the principal building;
iii. Dumpster enclosures shall provide sufficient space for required
dumpsters and additional space for storage of recyclable materials.
In no case shall they exceed 600 square feet in area;
iv. Dumpster enclosures shall be located behind the front building line
of the principal building (as extended to the side lot lines).
Enclosures shall be set back not less than five feet from any lot line
or any other building on the premises, unless integrated into such
building or approved by the Building Official; and
v. All dumpster enclosures shall have a concrete floor.
Richfield City Code (Zoning)
General Building and Performance Standards
544.07
544.07. Architectural standards. Subdivision 1. Architectural plans shall be prepared
by an architect or other qualified person and shall show the following:
a) Elevations of all sides of the building;
b) Type and color of exterior building materials;
c) Typical floor plans;
d) Dimensions of all structures;
e) The location of trash containers and of exterior electrical, heating,
ventilation, and air conditioning equipment;
f) Utility plans including water, sanitary sewer, and storm sewer; and
g) Additional plans deemed necessary by the Director.
Subd. 2. Building orientation. Buildings shall be oriented so that at least one principal
entrance faces the public street rather than the interior of the site.
Subd. 3. Exterior Materials. The main exterior wall surface of all buildings shall be
constructed of wood, brick, stone, cementitious planks (e.g., Hardiplank®), glass,
architectural concrete textured surfaces or other materials of high quality as approved
by the Director. Unadorned pre-stressed concrete panels, standard concrete block and
unfinished metal, except naturally weathering metals such as copper, shall not be
permitted as exterior materials for buildings. This restriction shall apply to all principal
structures and to all accessory buildings, including parking ramps, except those
accessory buildings not visible from any exterior lot line.
Subd. 4. Architectural Desi Compatibility. The exterior architectural appearance of
the proposed structure shall not be so at variance with the exterior architectural
appearance of existing structures within the immediate area, or with the intended
character of the applicable zoning districts, taking into consideration building
materials, size, shape and heights, so as to cause an adverse impact upon property
values in the immediate area, or the City as a whole, or adversely affect. the public
health, safety and general welfare of the portion of the City in which the property is
located, or the City as a whole.
Subd. 5. Window Treatment. Windows or simulated windows shall at a minimum be
used on the ground level of any wall parallel to or nearly parallel to a street. The use
of bars, chains or similar security devices that are visible from a public street or
sidewalk shall be prohibited.
Subd. 6. Equal Facade Treatment. All buildings shall be constructed so that each
exterior wall and roof surface is finished with materials of consistent quality as those of
the front wall and front roof. This requirement, however, shall not be applicable to
walls or roof surfaces which are completely screened from view by other buildings.
Richfield City Code (Zoning) 544.07, Subd. 7
General Building and Performance Standards
Subd. 7. Fagade Treatment of Accessory Structures. All structures, including
parking ramps shall be designed to be architecturally integrated into the overall site
and be made of comparable materials and decorative elements.
Subd. 8. Fagade Maintenance. All fagade treatments shall be maintained so as to
not be unsightly in appearance or in a state of disrepair, nor shall harmful health or
safety conditions be present for the life of the project.
544.09. Exterior li~htin~. Subdivision 1. Lighting shall be designed and arranged to
restrict direct illumination and glare onto abutting parcels.
Subd. 2. Mitigative measures shall be employed to limit glare and spill light to
protect neighboring parcels and to maintain traffic and pedestrian safety on public
streets and sidewalks. These measures shall include lenses, shields, louvers,
prismatic control devices and limitations on the height and type of fixtures.
Subd. 3. Flickering or flashing lights shall not be permitted.
Subd. 4. Direct ofF site views of the light source shall not be permitted except for
-globe and/or ornamental light fixtures. Globe and ornamental fixtures shall only be
used if the developer can demonstrate that off-site impacts stemming from direct
views of the bulb are mitigated by the fixture design and/or location.
Subd. 5. Lights under the canopy of a gasoline dispensing station or similar
structure shall not be directly visible from a public street or another property. Such
lights shall either be recessed into the underside of the canopy or screened from view
with shields.
Subd. 6. Poles within landscaped areas and plazas shall have a maximum height of
20 feet, measured from grade. Poles within these areas may be set on pedestals no
more than 8 inches in height.
Subd. 7. Poles in parking lots shall have a maximum height of 24 feet measured
from finished grade.
Subd. 8. Lighting fixtures mounted directly on structures shall be permitted when
utilized to enhance specific architectural elements or to help establish scale or
provide visual interest.
Subd. 9. "Wall paks" shall be permitted only in loading and service areas and shall
be down-lit and shielded from view.
Subd. 10. Shielded illuminators or fixtures shall be permitted to light building
mounted signage, building facades, or pedestrian arcades if they are integrated into a
building's architectural design.
Subd. 11. Lighting should highlight entrances, art, terraces and special landscape
features.
Richfield City Code (Zoning) 544.09, Subd. 12
General Building and Performance Standards
Subd. 12. The City may require, at the developer's expense, submission of a
photometric lighting plan to ensure that adequate and appropriate light levels are
provided for each site condition. The following levels of illumination should be
maintained for each of the specific locations*:
a) Building entrances 5.0 foot-candles
b) Sidewalks 2.0 foot-candles
c) Bikeways 1.0 foot-candles
d) Courts/Plazas/Terraces 1.5 foot-candles
e) Ramps 5.0 foot-candles
f) Stairways 5.0 foot-candles
g) Underpasses 5.0 foot-candles
h) Waiting areas 1.0 foot-candles
i) Parking lots 1.0 foot-candles
j) Roadways 1.5 foot-candles
*Values given are in minimum average maintained horizontal foot-candles
which are measured at the average point of illumination between brightest
and darkest areas, 4'-5' above the ground surface. (Source: lES Lighting
Handbook - 4~' Edition).
Subd. 13. Site lighting should provide consistent levels of illumination, avoiding
pockets of very high or low levels of illumination.
544.11. Traffic and parlun~ studies. Subdivision 1. In review of a project or
application, the City may require, at the developer's expense, submission of a traffic
and/or parking analysis that is prepared by a traffic engineer. Such analysis shall assess
the potential impact of a proposed project on roadways, intersections, and/or on-site
parking and circulation.
Subd. 2. If a traffic study indicates that a proposed project or use will have
significant impact on the existing service levels of roadways and intersections, the
City may require a "traffic management plan" to mitigate traffic impacts. Such plan
may include travel demand management strategies, use of transit facilities, or other
appropriate measures to reduce traffic congestion. Such plan may also necessitate
improvements to road systems. The developer shall be responsible for installation
and expense of necessary road system improvements and pedestrian facilities, and
any such improvements shall be constructed and installed according to City
specifications.
544.13. Vehicle narking and loading requirements. Subdivision 1. Off-street parking
and loading areas shall be permitted only upon approval of a site plan.
Subd 2. Review factors. The Planning Commission and City Council shall consider
the following factors when reviewing site plan applications for parking and loading
requirements:
a) The adequacy of available parking relative to anticipated demand;
Richfield City Code (Zoning) 544.13, Subd. 2 (b)
General Building and Performance Standards
b) The adequacy of pedestrian, bicycle and mass transit generation;
c) The adequacy of traffic control devices and other general safety factors;
d) The adequacy of loading and unloading areas;
e) The adequacy of stormwater management, lighting and landscape screening;
f) The impact on nearby streets and intersections;
g) The impact on adjacent properties; and
h) Compliance with the tot and stall design requirements of this Section.
Subd. 3. Parkins lot design.
Parking lots should be designed and constructed in conformance with the following
standards:
Angle Stall
Width Stall
Length Curb
Length* Stall
Depth Aisle Width
(one-way/
two-wa
90 de ees 9' 19' 9' 19' 13'/24'
60 de ees 9' 19' 10.4' 21' 18'/18'
45 de ees 9' 19' 12.7' 19.8' 13.4'
Parallel 8.5' 23' 23' 8.5' 13'/24'
Compact
90 de ees 8' 16' 8' 16' 13'124'
~`,4n additional 18 inches shall be required when a stall abuts a landscape area.
Subd. 4. Compact Stalls. Up to 20 percent of the total number of required spaces
may be designated for compact cars in conformance with the following standards:
a) The parking area must have a total size of at least 20 stalls;
b) Compact stalls must be identified by appropriate signage; and
c) Compact parking stalls are not permitted for high turnover uses (e.g. fast
food).
Subd. 5. Parking Lot Setbacks.
a) Parking lots must be set back eight (8) feet from the right-of--way.
b) Parking lots must be set back five (5) feet from adjacent commercial
property.
Richfield City Code (Zoning) 544.13, Subd. 5 (c)
General Building and Performance Standards
c) Parking lots must be set back 15 feet from adjacent residential property with
appropriate screening as required by Subsection 544.03 Subd. 5 for
residential sites or Subd. 6 for commercial.
Subd. 6. Number of Off-Street Spaces Required. Off-street parking spaces shall be
provided according to the following minimum standards. Parking for land uses not
listed below shall be regulated according to the most similar use as determined by
the Zoning Administrator.
Land Use Minimum Number of Off-Street
Parkin S aces Re uired*
COMMERCIAL USES
Animal hospital 1 for every Z00 square feet of gross floor
area.
Auto mechanical or body repair shop 4 plus 2 per service stall and 1 per 150 square
feet of retail area
Bake 1 er 25 s uare feet of customer floor area.
Bank or similar financial service 1 space per 250 square feet of gross floor
area.
Bed and breakfast inn 2 plus 1 per room for rent. No required
parking may be located in the front yard nor
shall the parking area exceed fifty percent of
the rear ard.
Bowling alley 5 per bowling lane plus 1 per 4.5 seats of
other related facilities (e. ., restaurant)
Coffee sho 4.5 er 1,000 s uare feet of oss floor area.
Dance or h sical culture studio 3 er 1,000 s uare feet of oss floor area.
Day care center (adult or child) 1 per 5 enrolled persons based on licensed
ca aci
Health club or fitness center 1 er 225 s uare feet of oss floor area
Hotel 1 per room plus 1 per 4.5 seats of other
related facilities e. ., restaurant
Medical or dental office
Floor area of 2,500 s uare feet or less 1 for eve 250 s uare feet of floor area.
Floor area greater than 2,500 s uare feet 1 for eve 200 s uare feet of floor area.
Office
Floor area of less than 50,000 s uare feet 1 per 275 square feet of floor area
Floor area of 50,000 to 200,000 square
feet 1 per 300 square feet of floor area
Floor area of 200,000 to 400,000 square
feet 1 per 325 square feet of floor area
Floor area of more than 400,000 square
feet 1 per 350 square feet of floor area
Other businesses or industries, including
wholesale 1 per 2 employees plus 1 per vehicle used in
conduct of the enterprise OR 1 per 800
square feet of gross floor area, whichever is
rester.
Sho in center
Communi under 50,000 s 3.5 er 1,000 s uare feet of oss floor area
Re Tonal 50,000 sf or more 4 er 1,000 s uare feet of oss floor area
Restaurants or food service in shopping
centers Calculated separately unless the restaurant
meets all of these re uirements:
Richfield City Code (Zoning) 544.13, Subd. 6 (cont.)
General Building and Performance Standards
Land Use Minimum Number of Off-Street
Parkin S aces Re wired"
• The shopping center floor area is over
20,000 square feet
• The restaurant does not have wait staff
serving food directly to the customer while
seated
• The restaurant does not have an
intoxicating liquor license
. The restaurant does not have in-vehicle
sales or service
• The combined total or all restaurants and
food services total less than 25 percent of
the gross floor area of the building and
shopping center.
Retail (other than shopping center) where 1 per 200 square feet of gross floor area
more than 25 percent of the gross floor
area is customer area
Retail (other than shopping center) where 1 per 500 square feet of floor area.
more than 25 percent of the gross floor area
is customer area and where the merchandise
is large such as furniture, carpeting, large
a liances or automobiles
Retail (other than shopping center) where 1 per 100 square feet of gross floor area
less than 25 percent of the gross floor area is
customer area and where the product is
icked u or delivered b atron.
Restaurants
Class I, II, and IV 10 er 1,000 s ware feet of oss floor area.
Class III Fast food /convenience 17 er 1,000 s ware feet of oss floor area.
Theater 1 per 3 seats if part of a shopping center; 1
er 2.5 seats if free standin
RESIDENTIAL USES
Multi le-family housing
MR-1 District: two-family dwelling 2 per housing unit, 1 of which must be
enclosed. Only one curb cut is permitted to
the ro e
MR-2 District: 8 or fewer units; 9 to 25 2 per housing unit. May be reduced to 1.5
units as a conditional use. spaces per unit for 7 or more units if factors
warrant.
MR-3 District: 20 or fewer units; more 2 per housing unit. May be reduced to 1.25
than 20 units as a conditional use. spaces per unit for 10 or more units if factors
warrant.
Group home (state licensed residential 2 per 5 beds offered for residence purposes.
facili
Nursing or convalescent home 5 plus one per 5 beds offered for residence
oses.
Richfield City Code (Zoning) 544.13, Subd. 6 (cont.)
General Building and Performance Standards
INSTITUTIONA L /PUBLIC USES
Places of worship and/or assembly 1 parking space per 3 seats based on rated
design capacity plus additional parking
spaces, as applicable for accessory facilities
which are used concurrentl .
School
g_g 1 er em to ee lus 8 for visitors
Hi school 1 er em to ee lus 1 er ei ht students
Business or trade school 1 per employee plus 1 per 3 students based
on rated desi ca aci
"If calculation results in a fraction, the next higher whole number shall be used
Subd. 7. Parkin; Maximums. The maximum number of parking spaces for any
building or use shall not exceed the amount determined as follows:
a) Parking lots of more than 20 and less than 51 spaces. Parking lots may not
have more than 120 percent of the number of spaces identified in the above
table, not including accessible spaces.
b) Parking lots of 51 spaces or more. No more than 110 percent of the number
of spaces required as identified in the above table, not including accessible
spaces, are permitted.
c) Additional parking may be provided if it does not increase impervious
surface beyond that which would be provided by meeting the maximum
parking required. Examples of additional parking include, but are not
limited to, under structure parking, roof top parking, or structured parking
above a surface parking lot.
d) An applicant may request a modification of the maximum allowed number of
parking spaces by submitting a study of anticipated parking demand.
Parking studies shall be prepared by a professional engineer with expertise
in traffic and parking analysis, unless the Director authorizes an equally
qualified individual.
Subd. 8. Modification of number of required parkins spaces.
a) An applicant may request a modification of the minimum required number of
parking spaces by submitting a study of anticipated parking demand.
Parking studies shall be prepared by a professional engineer with expertise
in traffic and parking analysis, unless an equally qualified individual is
authorized by the Director.
b) Parking may be reduced by 10 percent for development on any parcel which
is located within one-fourth mile of a frequently operating transit line
provided that separate pedestrian ways are provided which connect the
parcel to a transit stop. A frequently operating transit line is defined as
having:
Richfield City Code (Zoning) 544.13, Subd. 8 (b)(i)
General Building and Performance Standards
i. Weekday frequency of two runs/hour between 7:00 a.m. and 6:30 p.m.;
ii. Regularly scheduled service weekdays after 6:30 p.m.; and
iii. Some Saturday, Sunday, and holiday service.
This reduction is in addition to reductions by PUD, and for shared parking.
c) Parking for retail and service uses may be reduced if on-street parking is
adjacent to the parcel and where all of the following conditions exist:
i. The principal building is located within 20 feet of the front properly line;
ii. No parking exists between the front face of the principal building and
the street;
iii. A sidewalk exists along all sides of the lot that abut a public street;
iv. A primary building entrance must face the street with parking; and
v. If the Council finds that such parking will not be detrimental to the
surrounding neighborhood.
d) Sites where at least 20 parking spaces are required, and where at least one
street lot line abuts a transit street may substitute transit-supportive plazas
for required parking as follows. Existing parking areas may be converted to
take advantage of these provisions. Adjustments to the regulations of the
paragraph are prohibited:
i. Transit-supportive plazas may be substituted for up to 10 percent of the
required parking spaces on the site;
ii. The plaza must be adjacent to and visible from the transit street. If there
is a bus stop along the site's frontage, the plaza must be adjacent to the
bus stop;
iii. The plaza must be at least 300 square feet in area and be shaped so that a
10'x10' square .will fit entirely in the plaza.; and
iv. The plaza must include all of the following elements:
1) A plaza open to the public. The owner must record a public access
easement that allows public access to the plaza;
2) A bench or other sitting area with at least five (5) linear feet of
seating;
3) A shelter or other weather protection. The shelter must cover at
least 20 square feet. If the plaza is adjacent to the bus stop, Metro
Transit may need to approve the shelter; and
4) At least 10 percent, but not more than 25 percent of the transit-
supportive plaza must be landscaped. This landscaping is in
addition to any other landscaping or screening required for parking
areas by this code.
Richfield City Code (Zoning) 544.13, Subd. 9
General Building and Performance Standards
Subd. 9. Reduction of Existing Parkin. Parking and loading spaces existing upon
the effective date of the ordinance from which this section is derived shall not be
reduced in number unless their number exceeds the requirements imposed for a
similar new use by this section.
However, if the existing parking meets more than 90 percent of the requirements of
this section, the number of parking spaces may be reduced to 90 percent of the
requirement for the purpose of establishing landscaping where such a reduction is
necessary to construct a landscaping or buffer yard improvement required by this
chapter. ,
Subd. 10. Calculating space for a compound use. Should a structure contain two or
more types of uses, the total off-street parking spaces required for each use shall be
calculated separately unless requirements for joint parking arrangements can be
applied as regulated by Subd. 11 of this subsection.
Subd. 11. Joint parking facilities. Off-street parking facilities may be provided
collectively in any district for more than one structure or use, if the following
conditions are met:
a) The applicant demonstrates to the Director that, because of the hours, size,
and mode of operation of the respective uses, there will be an adequate
amount of parking available to each use during its primary hours of
operation to meet the needs of such use.
b) The joint use of the parking facilities shall be protected by covenants that
run with the lots housing all the joint users and the lots on which the parking
facility that satisfies the parking requirement of this section is provided.
Those covenants shall contain all of the conditions of the j oint agreement
and shall grant an easement for parking to the joint principal use lots. The
manner of execution and content of such covenants shall be in a form
approved by the city attorney and the document containing the covenants
shall be recorded with the county recorder or the registrar of titles for the
county. Parties to the covenant shall reimburse the city for the costs of legal
review. Such covenants shall be provided prior to issuance of building or
site permits.
c) Total required parking spaces for the joint use shall be based on the
combined peak requirement and shall not be fewer than the minimum
requirements for the use which requires the most parking.
Subd.12. Control of off-site parking facilities. When required parking facilities are
provided on a lot other than the lot on which the principal use is located, the
following requirements shall be met:
a) When feasible a paved pedestrian way with appropriate pedestrian
landscaping and lighting leading from the off-site parking facilities to the use
being served has been provided and is properly maintained;
Richfield City Code (Zoning) 544.13, Subd. 12 (b)
General Building and Performance Standards
b) The off-site parking area and the lot on which the principal use is located
must be in the same ownership, or the use of the parking facilities shall be
protected by covenants that run with the land on both the lot on which the
parking facility is provided and the lot on which the principal use is located.
The manner of execution and content of such covenants shall be written in a
form that is approved by the city attorney and the covenant must be recorded
with the county recorder or the registrar of titles for the county. Parties to
the covenant shall reimburse the City for the costs of legal review. Such
covenants shall be provided prior to issuance of building or site permits;
c) The closest point of the off-site parking area shall be located no more than
500 feet from an entrance to the principal building of the use being served as
measured along an established path of travel between the parking lot and
such entrance unless shuttle service is provided. If shuttle service is
provided, the location of the parking need not satisfy any distance
requirement;
d) The failure to provide on-site parking will not encourage parking on the
public streets, on other private property, or in private driveways or other
areas not expressly set aside for off-street parking purposes; and
e) The off-site parking shall be maintained until on-site parking is provided or
an alternate off-site parking facility that meets the requirements of this
chapter has been approved by the Director.
Subd. 13. Conversion of garage space. No person shall alter a garage to living
space or storage space in such a way that prevents the use of the garage for parking
vehicles in any residential district including single- and two-family districts, unless
other legal provisions are made to provide the required parking for the lot.
544.15. Pedestrian circulation and access. Subdivision 1. Pedestrian
access points shall be provided at all pedestrian arrival points to the development
including the property edges, adjacent lots, abutting street intersections, crosswalks, and
at transit stops. Pedestrian access shall be coordinated with existing development to
provide circulation patterns between developments.
Subd. Z. Conflicts. Pedestrian walkways shall form an on-site circulation system
that minimizes the conflict between pedestrians and traffic at all points of pedestrian
access to ornsite parking and building entrances, and between buildings.
Subd. 3. Design Standards. Pedestrian access and walkways shall meet the
following minimum design standards:
a) Access and walkways shall be well-lit and physically separated from
driveways and parking spaces by landscaping, berms, barriers, grade
separation or other means to protect pedestrians from vehicular traffic;
Richfield City Code (Zoning) 544.15, Subd. 3 (b)
General Building and Performance Standards
b) Access and walkways shall be a minimum of six (6) feet of unobstructed
width and meet City standards for surfacing of walkways or sidewalks;
c) Access shall be usable by mobility-impaired persons and shall be designed
and constructed to be easily located by the sight-impaired pedestrian by
either grade change, texture or other equivalent means;
d) A crosswalk shall be required when a walkway crosses a driveway or a
paved area accessible to vehicles. Raised crosswalks or speed bumps may be
required at all points where a walkway crosses the lane of vehicle travel.
544.17. Bicycle parlan~. Subdivision 1. In order to encourage and aid bicycling as a
means of transportation for utilitarian and recreational trips, the Council finds that these
requirements are necessary.
Subd. 2. Number of spaces required. For auto parking lots with more than 20
parking spaces, bicycle racks shall be provided in the ratio of 5 percent of the
number of required off-street parking spaces. This number can be reduced by the
Director if proof can be provided that such spaces will not be used.
Subd. 3. Location. Bicycling facilities shall be located conveniently near the major
entrance to the building.
Subd. 4. Facilities. The bicycle facilities shall be designed to support the bicycle
frame and not just one wheel and shall be usable for cable or U-shaped locks.
544.19. Underground utilities. Underground utilities shall be provided for all new
structures and those that are renovated if renovation costs exceed 50 percent of the value
of the structure.
544.21. Stormwater management. All new and modified developments shall comply
with the City's comprehensive surface water management plan as administered through
the office of the Director of Public Works or receive a variance from the appropriate
water management organization as necessary. (Amended, Bill No. 1998-2)
544.23. Solar access protection. No building shall be so tall that its shadow is cast
across more than 50 percent of land used for asingle-family or two-family building
between the hours of 9:00 a.m. and 3:00 p.m. on any day of the year. The Council may
make exceptions to this requirement if the applicant can prove to the Council's satisfaction
that measures have been taken to mitigate this solar access requirement, which measures
may include but are not limited to obtaining the consent of the affected property owner(s).
544.25. Telecommunication Towers. Subdivision 1. In order to accommodate the
communication needs of residents and businesses while protecting the public health, safety,
and general welfare of the community, the Council finds that these regulations are
necessary in order to:
Richfield City Code (Zoning) 544.25, Subd. 1 (a)
General Building and Performance Standards
a) Facilitate the provision of wireless telecommunication services to the
residents and businesses of the City;
b) Minimize adverse visual effects of towers through careful design and siting
standards;
c) Avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements; and
d) Maximize the use of existing and approved towers and buildings to
accommodate new wireless telecommunication antennas in order to reduce
the number of towers needed to serve the community.
Subd. 2. Permits.
a) It shall be unlawful for any person, firm, or corporation to erect, construct in
place, place or re-erect, replace, or repair any tower without first making
application to the Department of Community Development and securing a
permit therefore as hereinafter provided.
b) The applicant shall provide at the time of application sufficient information
to indicate that construction, installation, and maintenance of the antenna
and tower will not create a safety hazard or damage to the property of other
persons.
c) Permits are not required for:
i. Adjustment or replacement of the elements of an antenna array affixed
to a tower or antenna, provided that replacement does not reduce the
safety factor.
ii. Antennae and/or towers erected temporarily for test purposes, for
emergency communication, or for broadcast remote pick-up operations.
Temporary antennae shall be removed within 72 hours following
installation.
Subd. 3. Towers in Residential Zoning Districts. Towers shall be allowed only in
the following residentially zoned areas:
a) Towers supporting amateur radio antennas and conforming to all applicable
provisions of this Code shall be allowed only in the rear yard of residentially
zoned parcels.
b) Towers supporting commercial antennas and conforming to all applicable
provisions of this Code shall be allowed only in the following residentially
zoned locations:
i. Church sites, when camouflaged as steeples or bell towers;
ii. Park sites, when compatible with the nature of the park; and,
iii. Government, school, utility, and institutional sites, not including the
public right-of--way.
Richfield City Code (Zoning) 544.25, Subd. 4
General Building and Performance Standards
Subd. 4. Antennas in the Public Ri t-of--Way. Wireless telecommunication ,
facilities and antennas may co-locate with existing poles or towers in the City,
County, or State right-of--way within any zoning district.
Subd. 5. Co-Location Requirements. All commercial wireless telecommunication
towers erected, constructed, or located within the City shall comply with the
following requirements:
a) A proposal for a new commercial wireless telecommunication service tower
shall not be approved unless the City Council finds that the
telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or building within a one
mile search radius (one half mile search radius for towers under 120 feet in
height, one quarter mile search radius for towers under 80 feet in height) of
the proposed tower due to one or more of the following reasons:
i. The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified
and licensed professional engineer, and the existing or approved tower
cannot be reinforced, modified, or replaced to accommodate planned or
equivalent equipment at a reasonable cost.
ii. The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the tower or
building as documented by a qualified and licensed professional
engineer and the interference cannot be prevented at a reasonable cost.
iii. Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
function reasonably as documented by a qualified and licensed
professional engineer.
iv. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
b) Any proposed commercial wireless telecommunication service tower shall
be designed, structurally, electrically, and in all respects, to accommodate
both the applicant's antennas and comparable antennas for at least 2
additional users if the tower is over 100 feet in height or for at least 1
additional user if the tower is over 60 feet in height. Towers must be
designed to allow for future rearrangement of antennas upon the tower and
to accept antennas mounted at varying heights.
Subd. 6. Tower and Antenna Desi n Requirements. Proposed or modified towers
and antennas shall meet the following design requirements.
a) Towers and antennas shall be designed to blend into the surrounding
environment through the use of color and camouflaging architectural
treatment, except in instances where the color is dictated by federal or state
authorities such as the Federal Aviation Administration.
Richfield City Code (Zoning) 544.25, Subd. 6 (b)
General Building and Performance Standards
b) Commercial wireless telecommunication service towers shall be of a
monopole design unless the City Council determines that an alternative
design would better blend into the surrounding environment.
Subd. 7. Tower Setbacks. Towers shall conform to each of the following minimum
setback requirements:
a) Towers shall meet the setbacks of the underlying zoning district with the
exception of industrial zoning districts, where towers may encroach into the
rear setback area, provided that the rear property line abuts another
industrially zoned property and the tower does not encroach upon any
easements.
b) Towers shall not be located between a principal structure and a public street,
with the following exceptions:
i. In industrial zoning districts, towers may be placed within a side yard
abutting an internal industrial street.
ii. On sites abutted by public streets on all sides, towers may be placed
within a side yard abutting a local street.
c) A tower's setback may be reduced or its location in relation to a public street
varied, at the sole discretion of the City Council, to allow the integration of a
tower into an existing or proposed structure such as a church steeple, light
standard, power line support device, or similar structure.
Subd. 8. Tower Height.
a) In all residential property, the maximum height of any tower, including all
antennas and other attachments, shall be 30 feet.
b) In all residential zoning districts other than designated residential property,
the maximum height of any tower, including all antennas and other
attachments, shall not exceed one foot for each four feet the tower is setback
from designated residential property up to a maximum height of 75 feet.
c) In all non-residential zoning districts, the maximum height of any tower,
including all antennas and other attachments, shall not exceed one foot for
each two feet the tower is setback from designated residential property up to
a maximum height of 75 feet in non-industrial zoning districts and 100 feet
in industrial zoning districts.
d) In accordance with the Federal Communications Commission's preemptive
ruling PRB 1, towers and antennas erected for the primary purpose of
supporting amateur radio communications may exceed the height restrictions
of (3), above, but shall not exceed 65 feet in height.
Richfield City Code (Zoning) 544.25, Subd. 8 (e)
General Building and Performance Standards
e) In addition to the height limitations noted above, no tower shall be
constructed or changed so as to project above any Airspace Surface as
shown on MSP Zoning Map Airspace Zones of the MSP Zoning Ordinance.
Subd. 9. Tower Li ~ hg ting. Towers shall not be illuminated by artificial means and
shall not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority for a particular
tower. When incorporated into the approved design of the tower, light fixtures used
to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
Subd. 10. Suns and Advertising. The use of any portion of a tower for signs other
than warning or equipment information signs is prohibited.
Subd. 11. Associated Equipment. Ground equipment associated with a tower or
wireless telecommunications facility shall be screened by vegetative or other
screening compatible with the surrounding environment if deemed necessary by the
Director or designee. When associated ground equipment is housed in a building or
structure, that building or structure shall be architecturally designed to blend in with
the surrounding environment and shall meet the minimum setback requirements of
the underlying zoning district. Ground equipment associated with a wireless
telecommunications facility may be located on residentially used property only
within a utility easement adjacent to the public right-of--way, except in the multi-
family zoning districts where ground equipment associated with a wireless
telecommunications facility may also be located within a code complying building or
structure after receiving the approvals required by this Code.
Subd. 12. Antennas Mounted on Roofs Walls and Existing Towers. The
placement of wireless telecommunication antennas on roofs, walls, and existing
towers may be approved by the Director, provided the antennas meet the
requirements of this Code, after submittal of 1) a site and building plan and 2) a
report prepared by a qualified and licensed professional engineer indicating the
existing structure or tower's suitability to accept the antenna, and the proposed
method of affixing the antenna to the structure. Complete details of all fixtures and
couplings, and the precise point of attachment shall be indicated.. Antennas shall be
mounted on the facade of the building or penthouse structure unless the Director or
designee determines that another antenna mounting location decreases the visual
impact of the antennas. All roof-mounted equipment shall be screened from view.
Subd. 13. Additional Submittal Requirements. In addition to the information
required elsewhere in this Code, development applications for towers shall include
the following supplemental information:
a) A report from a qualified and licensed professional engineer which:
i. Describes the tower height and design including a cross section and
elevation;
ii. Documents the height above grade for all potential mounting positions
for co-located antennas and the minimum separation distances between
antennas;
Richfield City Code (Zoning) 544.25, Subd. 13 (a)(iii)
General Building and Performance Standards
iii. Describes the tower's capacity, including the number and type of
antennas that it can accommodate;
iv. documents what steps the applicant will take to avoid interference with
established public safety telecommunications;
v. Includes an engineer's stamp and registration number; and,
vi. Includes other information necessary to evaluate the request.
b) For all commercial wireless telecommunication service towers, a letter of
intent committing the tower owner and his or her successors to allow the
shared use of the tower if an additional user agrees in writing to meet
reasonable terms and conditions for shared use.
c) Before the issuance of a building permit, the following supplemental
information shall be submitted:
i. Proof that the proposed tower complies with regulations administered by
Federal Aviation Administration; and,
ii. A report from a qualified and licensed professional engineer which
demonstrates the tower's compliance with the aforementioned structural
and electrical standards.
d) All abandoned or unused towers and associated facilities shall be removed
within 12 months of the cessation of operations at the site unless the Director
approves a time extension. In the event that a tower is not removed within
12 months of the cessation of operations at a site, the tower and associated
facilities may be removed by the City and the costs of removal assessed
against the property.
Subd. 14. Maintenance and Inspections. Tower and antenna finish and paint shall
be maintained in good condition, free from rust, graffiti, peeling paint, or other
blemish.
a) All towers may be inspected at least once each year by an official of the
Building and Inspection Division to determine compliance with original
construction standards. Deviation from original construction for which a
permit is obtained constitutes a violation of this Section.
b) Notice of violations will be sent by registered mail to the owner and he will
have 30 days from the date the notification is issued to make repairs. The
owner will notify the Building and Inspection Division that the repairs have
been made, and as soon as possible thereafter, another inspection will be
made and the owner notified of the results.
Subd. 15. Antenna Design and Mounts. Applicants shall use antenna designs and
mounts that minimize visual impact.
Subd. 16. Variances. The following standards apply to variance requests for
towers, antennas, or wireless telecommunication facilities.
Richfield City Code (Zoning) 544.25, Subd. 16 (a)
General Building and Performance Standards
a) The City Council shall consider the following issues in addition to the
variance findings required in Section 547.11 of this Code.
i. The viability of Code complying alternative locations for the proposed
tower, antenna, or wireless telecommunication facility.
ii. The impacts of the tower, antenna, or wireless telecommunication
facility at the proposed site relative to the impacts of the tower, antenna,
or wireless telecommunication facility at a Code complying alternative
location.
iii.. The extent to which there is a significant gap in coverage surrounding
the proposed tower, antenna, or wireless telecommunication facility or
other evidence of inadequate service due to antenna location.
iv. The extent to which the proposed tower, antenna, or wireless .
telecommunication facility is the least intrusive, lowest impact design
available.
v. The extent to which the height of the proposed tower, antenna, or
wireless telecommunication facility could be reduced and still provides
adequate coverage.
vi. The extent to which the size of the proposed accessory equipment could
be reduced.
vii. The feasibility of placing the proposed accessory equipment
underground.
b) The applicant shall pay the reasonable cost of the City retaining a qualified,
independent radio frequency engineer to provide a professional opinion to
the City Council if the Director or designee determines that an independent
radio frequency engineer is needed to assist in consideration of these
regulations.
544.27. Environmental Effects. No activity or operation shall be established or
maintained that by reason of its nature or manner of operation will cause the emission of
noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such
concentrations as to be detrimental to or endanger the public health, welfare, comfort or
safety, or cause injury to property or business.
Richfield City Code (Zoning) 547.01
Administration
SECTION 547 -ZONING: ADMINISTRATION
(ADDED, BILL No. 2007-19)
547.01. Purpose. This chapter establishes procedures and standards to help ensure fair
and consistent administration of zoning regulations.
547.03. Administration of Zoning Code. The Director shall be responsible for the
administration and enforcement of this code. The Director may designate additional
persons as may be necessary or convenient to administer and enforce this code. The
Director may institute, in the name of the City, any appropriate actions or proceedings
against a violator of this code as provided in Sections 115 and 320 of the City Code or
any applicable statute. Any person aggrieved by any procedure or decision of the
Director may appeal to the Board of Adjustments and Appeals.
547.05. Board of Adiustments and Appeals. Subdivision 1. Establishment. The
Board of Adjustments and Appeals is established and continued pursuant to Minnesota
Statutes, Section 462.354.
Subd. 2. Short name. The Board of Adjustments and Appeals shall be referred to as
the "Board" in this Section 547.
Subd. 3. Council as Board. The City Council shall serve as the Board of
Adjustments and Appeals.
Subd. 4. Powers. The Board shall have the following powers:
a) To hear and decide appeals where it is alleged that there is an error in any
order, requirement, decision, or determination made by the Director in the
interpretation or enforcement of this code;
b) To hear and decide variances to the literal provisions of this code upon the
expiration of authority of the Committee of Hearing Examiners established
by Section 547.11 of this code; and
c) To hear and decide variances to the literal provisions of this code when said
variances are processed in conjunction with another planning and zoning
application that requires the approval of the City Council;
d) To hear and decide appeals of any decision made final by the Planning
Commission or by a Hearing Examiner. (Amended, Bill No. 2007-7)
Subd. 5. Application. Except as otherwise provided for by this code, an
application/request for an adjustment or appeal shall be made to the Director by
written notice within 10 days of the decision.
Richfield City Code (Zoning)
Administration
547.05, Subd. 6
Subd. 6. Fee. The fee for an appeal is set by Appendix D of the City Code.
Subd. 7. Public hearing. Upon receipt of a written notice requesting an adjustment
or appeal, the Board may set a time and place for a public hearing on the request. At
least 10 days before the date of any such hearing, a notice of the hearing shall be
published once in the official newspaper.
Subd. 8. Procedures. The Director shall prepare reports and other necessary
information for the Board. The Board shall make a decision regarding any matter
before it by adopting findings within the time period required by State law. A copy of
the Board's decision shall be served by mail upon the person requesting the
adjustment or appeal.
Subd. 9. Compliance. In all cases in which adjustments or appeals are granted under
the provisions of this subsection, the Board may require such evidence and guarantees
as it deems necessary to ensure compliance with any conditions placed upon such
granting.
547.07. Zoning map or text amendments. Subdivision 1. Initiation of amendment.
An amendment of this code may be initiated by:
a) A petition of at least 51 percent the owners of the land proposed to be
rezoned;
b) The Planning Commission; or
c) The Council upon its own initiative or upon recommendation of the Director.
Subd. 2. Application. An application for a change in the boundaries of a zoning
district made by the owner of the property shall be submitted to the Director on
forms provided by the City. An application shall not be considered complete until
submittal or completion of the following:
a) A detailed plan of the proposed use of the land;
b) If the proposed use requires a conditional use permit, site plan review, or any
other administrative permit or approval, an application for such permit or
approval shall be submitted with the rezoning application; and
c) An Administrative Review Committee (ARC) meeting is held between the
applicant and staff, or the Director determines that such a meeting is not
necessary. Applications must be submitted for the ARC meeting at least 28
days before the scheduled Planning Commission meeting to be considered
for the agenda. An application must be complete at least 14 days before the
scheduled Planning Commission meeting to be placed on the agenda.
Richfield City Code (Zoning)
Administration
547.07, Subd. 3
Subd. 3. Public Hearing and Planning Commission review. After receipt of a
completed application, a date shall be set for a public hearing. Not less than 10 days
prior to the public hearing, notice shall be published once in the official newspaper.
If the application involves a change in district boundaries of 5 acres or less, notice
must also be sent by mail to all the owners of properties located wholly or partially
within 350 feet of the property to which the amendment relates.. The Planning
Commission shall make a recommendation to the Council regarding the application.
Subd. 4. City Council review. After receipt of the recommendation of the Planning
Commission, the Council shall consider the matter at a first reading. If the
application is approved for first reading, the Council shall set a date for a second
reading. The Council may offer whatever public notice of its first and second reading
reviews that it deems necessary. The Council shall act upon the amendment within
the time period required by State law. The Council may adopt an amendment to this
code upon an affirmative vote of a majority of all its members. The adoption or
amendment of any portion of a zoning ordinance that changes all or part of the
existing classification of a zoning district from residential to either commercial or
industrial requires atwo-thirds majority vote of all members of the Council.
Subd. 5. Issuance of building_permit. No building permit for any building or
structure may be issued while proceedings for rezoning of the land wherein the
structure is located or to be located are pending, unless the permit would be
permitted under both the existing zoning classification and the proposed zoning
classification for such area, or unless Council approval is first obtained.
Subd. 6. Time limitation. Not more than one petition for the rezoning of any
particular piece of land shall be made within any 12 month period.
Subd. 7. Fee. The fee for a petition to rezone land is set by Appendix D of the City
Code.
Subd. 8. Effective date. Amendments to this code shall be effective in accordance
with Section 3.09 of the Richfield City Charter.
547.09. Conditional use permits. Subdivision 1. Permit required. It shall be unlawful
to engage in any use listed in this code as a conditional use without first obtaining a
conditional use permit (CUP) from the City pursuant to this subsection.
Subd. 2. Limitations. A conditional use permit may not be issued for the purpose of
granting an adjustment or appeal, or for any use prohibited in the zoning district for
which the permit is sought.
Richfield City Code (Zoning)
Administration
547.09, Subd. 3
Subd. 3. Application. Application for a conditional use permit shall be made to the
Director on forms provided by the City. Applications shall not be considered
complete until an Administrative Review Committee (ARC) meeting is held between
the applicant and staff, or the Director determines that such a meeting is not
necessary. Applications must lie submitted for the ARC meeting at least 28 days
before the scheduled Planning Commission meeting to be considered for the agenda.
An application must be complete at least 14 days before the scheduled Planning
Commission meeting to be placed on the agenda.
Subd. 4. Public Hearing and Planning Commission review. After receipt of a
completed application, a date shall be set for a public hearing. Not less than 10 days
prior to the public hearing, notice shall be published once in the official newspaper
and sent by mail to all the owners of properties located wholly or partially within
350 feet. The Planning Commission shall make a recommendation to the City
Council regarding the application.
Subd. 5. City Council review. After receipt of the recommendation of the Planning
Commission, the Council shall make the final determination on the application, and
in doing so shall make findings regarding its review. The Council may impose
conditions and require guarantees on the granting of the permit in order to insure
compliance with the conditions designated in connection therewith. The Council
shall make a decision within the time period required by State law.
Subd. 6. Conditions for issuance. The Council may not grant a conditional use
permit unless it finds that all of the following conditions will be met:
a) The proposed use is consistent with the goals, policies, and objectives of the
City's Comprehensive Plan;
b) The proposed use is consistent with the purposes of the Zoning Code and the
purposes of the zoning district in which the applicant intends to locate the
proposed use;
c) The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines;
d) The proposed use is or will be in compliance with the performance standards
specified in Section 54.1 of this code;
e) The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements;
fj The use will not have undue adverse impacts on the public health, safety, or
welfare;
g) .There is a public need for such use at the proposed location; and
h) The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit.
Richfield City Code (Zoning)
Administration
547.09, Subd. 7
Subd. 7. Security deposit. Security deposits shall be provided in accordance with
Section 547.17 of this code.
Subd. 8. Recording of CUP. Upon commencement of an approved conditional use,
a certified copy of the conditional use permit shall be filed by the applicant with the
Hennepin County Recorder or Registrar of Titles. The permit shall contain the legal
description of the property.
Subd. 9. Expiration of CUP. A conditional use permit-shall expire one year after it
has been issued unless:
a) The use for which the permit was granted has commenced within the one
year period; or
b) Upon written request of the person or corporation holding the CUP, the
Council extends the expiration date for an additional period not to
exceed one year.
Subd. 10. Term of CUP. A conditional use permit shall remain in effect for so long
as the conditions regulating it are observed, unless specifically stated otherwise. A
conditional use permit shall expire if normal operation of the use has been
discontinued for 12 or more months. Time shall be calculated as beginning on the
day following the last day in which the use was in normal operation and shall run
continuously thereafter.
Subd. 11. Amendment to CUP. Holders of a conditional use permit may propose
amendments to the permit by following the procedure set in this subsection for
issuance of a new permit. Amendments to a conditional use permit shall be
administered in the same manner as site plan amendments, as described in
Subsection 547.13 Subd. 11 of this code.
Subd. 12. Fee. The fee for a conditional use permit or amendment thereto is set by
Appendix D of the City Code.
Subd. 13. Revocation of CUP. The Council may review conditional use permits
periodically and may revoke a permit upon violation of any condition of the permit.
The procedure for revocation set out in Subd. 13 of this Subsection shall be
followed. If it is discovered after approval of the conditional use permit that the
City's decision was based at least in part on fraudulent information, the Council may
revoke the permit, modify the conditions, or impose additional conditions.
Subd. 14. Procedure for revocation. The procedure for revocation of a conditional
use permit shall be as follows:
Richfield City Code (Zoning)
Administration
547.09, Subd. 14 (a)
a) Complaint. The Director shall review any complaints received by the City
or any other party involving property which is subject to a conditional use
permit, and shall determine whether, in the Director's judgment a violation
of the terms or conditions of any conditional use permit appears to have
occurred.
b) Notice of apparent violation. If the Director determines that an apparent
violation of such terms and conditions exists, the Director shall cause a
notice of violation to be mailed to the owner of the property or owner's
agent and to any other person known to the City to be conducting the use for
which the conditional use permit was granted. The notice shall:
i. Be in writing;
ii. State the violation or violations found to apparently exist and state
the remedial actions which must be taken to achieve compliance
with the terms and conditions of the conditional use permit;
iii. Provide a reasonable time, but not less than ten days, for the
recipient to remedy the violation or violations stated in the notice;
and; and
iv. Inform the recipient that if the stated violations are not remedied
within the stated time period, the Director will request the Council to
consider revocation of the conditional use permit.
c) Failure to comply. When notice has been given in accordance with "clause
b" above and the recipient has failed to correct the violations stated in the
notice within the time allowed, the Director shall refer the matter to the
Council with a recommendation that a hearing be held to consider the
revocation of the conditional use permit. A copy of the Director's
recommendation shall be mailed to the same persons who previously were
mailed the notice of violation.
d) Scheduling of hearing. A hearing shall be scheduled before the Council to
consider revocation of the conditional use permit. The date of the hearing
shall be as soon as is reasonably convenient.
e) Notice of hearing. Upon the scheduling of the hearing, the Director shall
furnish mailed notice of such to the same persons who were mailed notice of
the violation. The notice shall:
i. State the time, date and location of the hearing;
ii. Describe all violations, which will form the basis of the Director's
recommendation to the Council;
iii. Describe the recommendation which the Director intends to make to
the Council with respect to revocation; and
Richfield City Code (Zoning) 547.09, Subd. 14 (e)(iv)
Administration
iv. Inform the recipient of its opportunity to be present at the hearing, to
be represented by legal counsel during the hearing, and to present
testimony and evidence.
f) Public notice. The Director shall also provide a mailed notice containing the
information described in subclauses i, ii, and iii of "clause e" above to all
other persons who would have been entitled to notice had the hearing been to
consider the granting of the conditional use permit.
g) Determination. At the conclusion of the hearing, or as soon thereafter as is
reasonably possible, the Council shall render its written decision. The
decision shall state the terms and conditions of the conditional use permit
found to have been violated; and shall state the determination of the Council
,with regard to revocation of the conditional use permit. The Council may, in
lieu of revocation, permit the conditional use permit to continue subject to
such further or additional terms and conditions as in its judgment are
necessary to insure compliance with the conditional use permit. The
Council's written findings and determination shall be mailed to the persons
who were mailed the Director's notice of violation. If a conditional use
permit is revoked, all uses and activities which are permitted only by such
conditional use permit shall immediately cease. In addition, all other
licenses and permits issued by the City which require, as a condition of their
issuance, the existence of the conditional use permit, shall be subject to
termination in the manner set forth in the City Code or other applicable law.
Subd. 15. Other remedies for violation of CUP. In addition to the procedure set
forth in Subd. 13 above, the City may exercise, with or separately from such
procedure, all and any other remedies and actions available to the City including, but
not limited to those contained in Sections 115 and 320 of the City Code.
547.11. Variances. Subdivision 1. Limitations. The following limitations apply to
variances:
a) A variance may be granted from the literal provisions of this code only in
instances where such action would be consistent with the general purpose
and intent of this code and all the following criteria are found to exist:
i. Strict enforcement of this code would cause an undue hardship. "Undue
hardship" as used in connection with the granting of a variance means
the property in question cannot be put to a reasonable use if used under
the conditions allowed by this code. Economic considerations alone
shall not constitute an undue hardship if reasonable use of the property
exists under the terms of this code. Undue hardship includes, but is not
limited to, inadequate access to direct sunlight for solar energy systems;
ii. Unusual or unique circumstances apply to the property which do not
apply generally to other properties in the same zone or vicinity, and such
circumstances were not created by any persons presently having interest
in the property;
Richfield City Code (Zoning)
Administration
547.11, Subd. 1 (a)(iii)
iii. The variance, if granted, would not alter the character of the
neighborhood. The completed project would not impair an adequate
supply of light and air to adjacent properties, or substantially increase
the congestion of public streets, or increase the danger of fire, or
endanger the public safety, or substantially diminish property values, or
have a detrimental or injurious impact on surrounding properties; and
iv. The variance requested is the minimum variance that would alleviate the
undue hardship.
b) use variances shall not be granted.
Subd. 2. Committee of Hearing Examiners. The Committee of Hearing Examiners
is a special committee of the Board of Adjustments and Appeals, and shall be
administered by the Director. The. specific duties of this Committee are to hear and
decide requests for variances from the literal provisions of this code. This
Committee of at least two Examiners is appointed by the City Manager for a term of
two years subject to confirmation by the Council. During the term of appointment
members serve at the pleasure of the City Manager.
Subd. 3. Application. Application for a variance shall be made to the Director on
forms provided by the City. Applications shall not be considered complete until an
Administrative Review Committee (ARC) meeting is held between the applicant and .
staff. This requirement may be waived for residential variances or if the Director
determines that such a meeting is not necessary. Applications must be submitted for
the ARC meeting at least 28 days before the scheduled hearing to be considered for
the agenda. Applications must be complete at least 14 days before the scheduled
variance hearing to be placed on the agenda.
Subd. 4. Public hearing. Upon receipt of a completed application, the Director shall
assign the application to one Hearing Examiner and a date shall be set for a public
hearing before the Hearing Examiner. If the variance requires some other approval
by the City Council in conjunction with another planning and zoning application, the
Director shall assign the application to the Board of Adjustment and Appeals for
consideration in conjunction with the other requests and a date shall be set for a
public hearing before the Board. Not less than 10 days prior to the public hearing,
notice shall be published once in the official newspaper and sent by mail to all the
owners of property located wholly or partially within 350 feet of the subject
property.
Subd. 5. Staff report. The Director shall provide a written report to the Hearing
Examiner or the Board outlining the proposal and enumerating the various reasons
for a recommendation to either approve or deny the variance request. The written
report shall be filed with the Hearing Examiner or the Board at least 72 hours prior
to the date of the hearing. Copies of the report shall be made available to the
applicant, and shall be furnished to others upon request.
Richfield City Code (Zoning)
Administration
547.11, Subd. 6
Subd. 6. Powers of Hearing Examiner and the Board. A Hearing Examiner or the
Board may call witnesses, subpoena relevant reports, and accept any evidence and
testimony, which in the judgment of the Hearing Examiner or the Board is relevant
to the issues being heard. Those in attendance at the public hearing shall have the
right to present testimony and evidence. The Hearing Examiner or the Board may
impose limitations on the number of witnesses and on the nature and length of
testimony.
Subd. 7. Record keeping. A tape recording shall be made of the hearing. The tape
will be transcribed on request of the Board. The tape will also be transcribed at the
request of any person upon the payment of all costs of transcription. Written
minutes shall also be taken at the public hearing.
Subd. 8. Decision. Within the time period required by state law, the Hearing
Examiner or Board shall render a written decision regarding the application. The
decision shall be supported by findings specifically related to the applicable criteria
contained in this code. The decision shall be mailed to all parties of record and filed
with the City Clerk. The Hearing Examiner's decision shall be final, subject to
appeal to the Board. A decision of the Board shall be final. The Hearing Examiner
or the Board may impose conditions in granting variances to implement the intent of
this code and to protect adjacent properties. (Amended, Bill No. 2007-7)
Subd. 9. Appeals. Any person aggrieved by the decision of the Hearing Examiner
may appeal such decision if a written notice of appeal and the fee set by Appendix D
of the City Code is submitted to the Director within ten days of the date of the
decision. The notice of appeal shall be addressed to the attention of the Board of
Adjustments and Appeals care of the Director. A decision of the Board is subject to
judicial review as provided by law.
Subd. 10. Rehearing. Any applicant may within seven days of the date of filing of
the Hearing Examiner or the Board's decision, apply for a rehearing of a variance
request denied by the Hearing Examiner or the Board if significant new factual
evidence relevant to the case not available to the applicant in the original hearing can
be presented. The request for a rehearing shall be made to the Board of Adjustments
and Appeals care of the Director, and shall state the nature of the new evidence and
why it was not previously available. If an application for rehearing is timely made,
the time to appeal will be extended until the decision on granting or denying a
rehearing is made. If a rehearing is allowed, the Hearing Examiner or the Board's
decision shall be withdrawn.
Subd. 11. (Repealed, Bill No. 1999-3)
Subd. 12. Expiration of variance. Any variance granted shall expire one year after
it has been granted unless:
a) The project for which the variance was granted is completed within the one
year period; or
Richfield City Code (Zoning) 547.11, Subd. 12 (b)
Administration
b) Upon written request of the person or corporation holding the variance, the
Council extends the expiration date for an additional period.
Subd. 13. Term of variance. If the project is completed as approved, the variance
shall run with the land and remain in effect for so long as the conditions regulating it
are observed.
Subd. 14. Assumed risk. Any applicant who obtains a building permit, starts
construction andlor begins a use prior to the expiration of the appeal period, assumes
the risk that the decision may be reversed upon appeal. When an appeal is rECeived
by the City, the applicant will be notified of the appeal and informed as to the date of
the Board meeting where it will be heard.
Subd. 15. Specific project. A variance shall be valid only for the project for which
it was granted. Construction of any project shall be in substantial compliance with
the building plans and specifications reviewed and approved by the Hearing
Examiner or Board.
Subd. 16. Violations. Any person who violates, fails to comply with, assists,
directs, or permits a violation of the conditions of a variance shall be subject to the
provisions outlined in Sections 115 and 320 of the City Code. Such violation may
render the variance null and void.
Subd. 17. Fee. The fee for a variance is set by Appendix D of the City Code. In the
case of a request that requires both a variance approval and some other approval by
the City Council in conjunction with another planning and zoning application, no
additional fee shall be required.
Subd. 18. Annual Report. The committee of Hearing Examiners shall annually
prepare a report for the Council and Planning Commission outlining the activities of
the Hearing Examiners and the Board. and making recommendations as to possible
amendments to this code to expedite the processing of variances to the literal
provisions of this code.
547.13. Site plan approval. Subdivision 1. All commercial, industrial, multiple-family
housing.(over four units) or institutional development applications shall be reviewed under
the site plan approval process as set forth in this subsection. Site plan review will be
coordinated with the review of applications for preliminary plats, rezoning, conditional use
permits, .and variances. Provisions for the review of Planned Unit Developments (PUD)
shall be dictated by Section 542 of this Code.
Subd. 2. Approval required. It shall be unlawful to do any of the following without
first obtaining site plan approval:
a) Construct a building;
b) Move a building to any lot within the City;
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547.13, Subd. 2 (c)
c) Expand or change the use of a building or lot or modify a building, accessory
structure, or site or land feature in any manner which results in an increasing
intensity of use, including the. requirement for additional parking; and
d) Take actions to prepare a lot for development, including grading or removing
or adding soils to a site, except in conformance with a permit or an approved
plan which complies with the City's comprehensive surface water
management plan or has received a variance from the appropriate water
management organization as necessary. (Amended, Bill No. 1998-2)
Subd. 3. Exception. Notwithstanding the above, site plan approval shall not be
required for enlargement of a building by 25 percent or less of its gross floor area or
changes in the leasable space of a multi-tenant building, provided no variances are
required and the modifications do not significantly intensify use of the site. In these
instances an administrative site plan review shall be performed and suitable
documentation of such be placed in the property files maintained by the Community
Development Department. The City may require nonconforming site improvements to
be brought into conformance according to Subsection 509.23 of this Code.
Subd. 4. Application. Application for a site plan review shall be made to the Director
on forms provided by the City and shall be accompanied by the following:
a) Evidence of ownership or an interest in the property;
b) Evidence that there are no delinquent property taxes, special assessments,
penalties, interest and/or municipal utility fees due on the property;
c) Accurate and current certificate of survey;
d) Accurate legal description;
e) Eight full-size legible plans regarding the following aspects of the project (All
submitted plans shall be signed by a registered architect, civil engineer,
landscape architect or other appropriate design professional):
i. Boundary survey with existing conditions;
ii. Site plan with proposed improvements;
iii. Site plan with proposed parking and parking lot improvements, in
compliance with Section 544, General Building & Performance
Standards;
iv. Building elevations;
v. Landscape plan, in compliance with Section 544, General Building &
Performance Standards, of this Code;
vi. Tree protection plan;
vii. Grading plan;
viii. Drainage plan;
ix. Storm water management plan;
x. Utility plan;
xi. Sediment and erosion control plan;
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547.13, Subd. 4 (e)(xii)
xii. Lighting plan;
xiii. Screening plans for mechanical equipment and dumpsters;
xiv. Signage plan; and
xv. Solar access plan.
f) The fee specified in Appendix D of the City Code;
g) All plans must meet the following requirements:
i. A title block stating the name, address telephone number and a-mail
address of the applicant;
ii. A north arrow and graphic scale;
iii. Plans for preliminary review can be 11" x 17" and to scale; and
iv. One set of 8-1/2" x 11" legible reductions is required for City Council
and Planning Commission packets.
h) All applications must contain the following information:
i. Property lines, setbacks, and lot dimensions;
ii. Building dimensions, height;
iii. Building coverage;
iv. Impervious surface coverage (buildings + hard surface/lot size);
v. Access to parcel, location of medians;
vi. Street locations, right-of-way, driveway and drive aisle widths;
vii. Existing & proposed topography with spot grades & slopes in excess of
3:1;
viii. Parking lot layout including location of curbing and striping;
ix. Location of fire lanes & related signage;
x. Location of hydrants;
xi. Location of underground storage tanks and major utilities;
xii. Sidewalk/trail alignment plan;
xiii. Easement documents; and
xiv. Significant trees lost and preserved.
i) The type of plans and number of copies required may be adjusted by staff
based on the particular project. The City reserves the right to request
additional plans or information as necessary
Subd. 5. Environmental Reviews. If an Environmental Assessment Worksheet or an
Environmental Impact Statement is required, an application for Site Plan Review or
Planned Unit Development Review shall not be considered complete until the City
Council has either:
a) Issued a Findings of Fact and EIS Need Decision (for an EAW) or
Richfield City Code (Zoning) 547.13, Subd. 5 (b)
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b) Issued a Finding of Adequacy (for an EIS).
The City staff may begin to review an application and communicate to the
applicant its findings prior to a) or b) even though the application may not be
considered complete.
Subd. 6. Public Hearin; and Planning Commission review. After receipt of a
completed application, a date shall be set for a public hearing. Not less than 10 days
prior to the public hearing, notice shall be published once in the official newspaper
and sent by mail to all the owners of properties located wholly or partially within
350 feet. The Planning Commission shall make a recommendation to the City
Council regarding the application.
Subd. 7. City Council review. After receipt of the recommendation of the Planning
Commission, the Council shall make.the final determination on the application, and
in doing so shall make findings regarding its review. The Council may impose
conditions and require guarantees on the granting of the site plan approval in order to
ensure compliance with the conditions designated in connection therewith. The
Council shall make a decision within the time period required by State-law.
Subd. 8. General criteria and standards for site plan review. In evaluating a site plan,
the Planning Commission and Council shall consider its compliance with the
following:
a) Consistency with the various elements and objectives of the City's long range
plans, including, but not limited to, the Comprehensive Plan;
b) Consistency with the purposes of this Code;
c) Preservation of the site. in its natural state, insofar as practicable, by
minimizing tree and soil removal, and designing any grade changes so as to be
in keeping with the general appearance of neighboring developed or
developing areas;
d) Creation of a harmonious relationship of buildings and open spaces with the
terrain and with existing and future buildings having a visual relationship to
the proposed development;
e) Creation of a functional and harmonious design for structures and site features
including:
i. Creation of an internal sense of order for the various functions and
buildings on the site and provision of a desirable environment for
occupants, visitors and the general community;
ii. Appropriateness of the amount and arrangement of open space and
landscaping to the design and function of the development;
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547.13, Subd. 8 (e)(iii)
iii. Appropriateness of the materials, textures, colors and details of
construction as an expression of the design concept of the project and the
compatibility of the same with the adjacent and neighboring structures and
functions; and
iv. Adequacy of vehicular, cycling and pedestrian circulation, including
walkways, interior drives and parking, in terms of location and number of
access points to the public streets, width of interior drives and access
points, general interior circulation, separation of pedestrian, cycling and
vehicular traffic and arrangement and amount of parking so as to be safe,
convenient and, insofar as practicable, compatible with the design of
proposed buildings, structures and neighboring properties.
f) Creation of anenergy-conserving design through design, location, orientation
and elevation of structures, the use and location of glass in structures, and the
use of landscape materials and site grading; and
g) Protection of adjacent and neighboring properties through reasonable
provisions for such matters as surface water drainage, sound and sight buffers,
preservation of views, light and air, and those aspects of design, not adequately
covered by other regulations, which may have substantial effects on
neighboring land uses.
Subd. 9. Terms of approval.
a) A building permit shall be obtained and construction of the project shall begin
no later than one year following the date on which site plan approval is
granted, unless a different time period is approved by the Council in granting
site plan approval or in a developer's agreement with the City. After the
expiration of such period, site plan approval shall lapse unless the Council
grants an extension of time or a building permit has been issued and substantial
work performed on the project. Upon request by the applicant, the Council
may grant an extension of time for commencement of a project having site plan
approval.
b) The Council may impose conditions in granting approval to site plans to
promote the intent of this section or to protect adjacent properties.
c) Site plans shall be valid only for the project for which approval is granted.
d) If the project is not in compliance with the approved plans, the project shall be
subject to review as specified in Subsection 547.11.
Subd. 10. Security deposit. Security deposits shall be provided in accordance-with
Section 547.17 of this code.
Subd. 11. Amendments to an~proved site plan. Amendments to an
approved site plan shall be administered as follows.
a) Minor Amendments. Minor amendments to a site plan are:
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547.13, Subd. 11 (a)(i)
i. Increased signage. (Changes that do not result in~an increase in
signage do not require an amendment. All changes to signage require
a sign permit.)
ii. Landscape changes.
iii. Parking lot configuration changes (not change in number of spaces).
iv. Less than 25 percent change in floor area in any one structure.
v. Less than 25 percent change in the approved separation of buildings.
vi. Less than 20 percent change in the ground area covered by the project.
vii. Less than 20 percent change in the number of residential units.
viii. Less than 20 percent change in the number of parking spaces.
b) Major Amendments. Major amendments to a site plan are:
i. More than 25 percent change in floor area in any one structure.
ii. More than 25 percent change in the approved separation of buildings.
iii. Any change in the original approved setbacks from property lines.
iv. More than 20 percent change in the ground area covered by the project.
v. More than 20 percent change in the number of residential units.
vi. More than 20 percent change in the number of parking spaces.
c) Review of minor amendments. Proposed minor amendments (as specified
in "clause a" above) to a site plan shall be reviewed and decided by the
Director. Decisions of the Director may be appealed to the City Council.
The Director may determine that a proposed minor amendment is in fact a
major amendment and may refer such proposed amendments to the
Planning Commission and Council according to the procedure established
in "clause d", below. Application fees for a minor amendment to a site
plan are set forth in Appendix D of this code.
d) Review of major amendments. Any major amendment to a site plan shall be
considered by the Planning Commission at a public hearing. The Planning
Commission shall make a recommendation to the City Council. The
recommendation of the Planning Commission shall be considered by the
Council. Any major amendment shall require a majority vote of the Council.
547.15. Interim use permits. Subdivision 1. Purpose. The purpose and intent of
allowing interim uses is:
a) To allow a use for a limited period of time that reasonably utilizes the
property where it is not reasonable to utilize it in the manner provided in the
Comprehensive Plan; and
b) To allow a use that is presently acceptable but that, with anticipated
development, will not be acceptable in the future.
Subd. 2. Application public hearing notice and procedure: The application, public
hearing, public notice and procedure requirements for interim use permits shall be
the same as those for zoning amendments as provided in Subsection 547.07. lii
addition to the general planning and zoning application requirements, applications
for interim use permits shall include:
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547.15, Subd. 2 (a)
a) A signed consent agreement, provided by the City, agreeing:
i. That the applicant, owner, operator, tenant and/or user has no
entitlement to future reapproval of the interim use permit;
ii. That the interim use will not impose additional costs on the public if it is
necessary for the public to fully or partially take the property in the
future; and
iii. That the applicant, owner, operator, tenant and/or user will abide by
conditions of approval that the City Council attaches to the interim use
permit.
b) A statement addressing the relationship of the proposed project to the
neighbgring uses.
Subd. 3. General issuance standards. The Planning Commission shall recommend
an interim use permit and the Council shall issue such interim use permit only if it
finds, based on the proposed location, that:
a) The period of time for which the interim use permit is to be granted will
terminate before any adverse impacts are felt upon adjacent properties;
b) The use will terminate upon a date or even that can be identified with
certainty. Interim use permits may not be granted for a period greater than
five (5) years;
c) The use will not adversely impact the health, safety and welfare of the
community during the period of the interim use;
d) The use is similar to uses defined in the zoning district in which the property
is located;
e) An interim use shall conform to zoning regulations except the City Council
may waive ordinance provisions upon a finding that the temporary nature of
the interim use will eliminate the adverse effects the provisions were
intended to prevent;
f) There is adequate assurance that the property will be left in suitable
condition after the use is terminated;
g) By agreement, the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future;
h) The property owner, by agreement, agrees to any conditions that the City
Council has deemed appropriate for permission of the use, including a
condition that the owner will provide an appropriate financial surety to cover
the cost of removing the interim use and interim structures upon the
expiration of the interim use permit; and
i) The property owner agrees to abide by any additional conditions that the
Council deems appropriate for permission of the use.
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547.15, Subd. 4
Subd. 4. Security deposit. Security deposits shall be provided in accordance with
Section 547.17 of this code.
Subd. 5. Termination. An interim use permit shall terminate upon the occurrence of
any of the following events; whichever first occurs:
a) The date stated in the permit;
b) Upon violation of conditions under which the permit was issued; or
c) A change in the City's zoning regulations that render the use nonconforming.
547.17. Security deposits. Subdivision 1. Purpose and calculation. When screening,
landscaping, parking lot or other similar improvements to property are required; a security
deposit acceptable to the City shall be supplied by the owner in an amount equal to 125
percent of the value of such screening, landscaping, parking lot or other improvements.
The security deposit shall be for the purpose of reimbursing the City for all expenses
incurred by it in connection with making or completing such improvements. The security
deposit and an executed right-of-entry agreement shall be provided prior to the issuance of
any building permits and shall be valid for a period of time equal to one full growing
season after the date of installation of the landscaping. In the event construction of the
project is not completed within the time prescribed by building permits and other approvals
or completion deadlines, the City may, at its option, draw upon the deposited security to
complete the work required at the expense of the owner and the surety.
Subd. 2. Completion bonds. The Building Official may require a completion
performance bond or other security, in an amount of 125 percent of the cost of the work
remaining to be done, prior to issuance of a temporary certificate of occupancy. A
specific date for completion must be set.
Subd. 3. Extensions. The City may allow an extended period of time for completion
of all landscaping if the delay is due to conditions that are reasonably beyond the
control of the developer. Extensions may be granted due to seasonal or weather
conditions. When an extension is granted, the City shall require such additional
security as it deems appropriate.
Subd. 4. Release. Upon completion of the improvements and final inspection and
approval by the City, the security deposit shall be released.