2008-12BILL NO. 2008-12
AN ORDINANCE RELATING TO ZONING; INCORPORATING 2004 MINNEAPOLIS -
ST. PAUL INTERNATIONALAIRPORT ZONING ORDINANCE REQUIREMENTS;
AMENDING RICHFIELD CITY CODE SUBSECTION 512.01, SUBDIVISION 1;
AMENDING RICHFIELD CITY CODE SUBSECTION 51.2.03; AMENDING RICHFIELD
CITY CODE BY ADDING NEW SUBSECTION 512.13; AND AMENDING APPENDIX 1
OF THE RICHFIELD CITY CODE BY ADDING NEW SECTION 18
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 512.01, Subdivision 1 of the Richfield City Code is amended to read
as follows:
512.01. Zoning 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:
i
i
j Residential Districts
' Sing_le._Fam.ily.Residential._.........-.-. -._~~_. _._.__._.__ ..~_._R._._......-._._._._
Low Densit~r Single Family Residential R-1
f
Residential
Two Fami~/
....
..
_..._._.._....._..
_
_ t MR-1 i
...~......._~..__ ..................___
_
_
.
___~......~._....__.. ..........._
...._
_
Multi-Famil Residential f
MR-2
Residential
Multi-Family
High
Density MR-3
_
.
.
. ~ .
i Commercial Districts
Service Office S-O
Nei hborhood Business
s
C-1
General Commercial I
__.._~.__.._- ...................-.-._._....._....._......._...................._...........__......._..._.._........_.._...____....____......___.._.._.. C-2 '
r--~---
i
~, Mixed-Use_Districts_._.__.........--.--._..._.........._._. ___.___._._._-.
~._.__
Mixed-Use Regional __ :..............:............_._._____. _._._............._-._.-.
Mixed-Use Community __M~'R___.
MU-C
...~............-........._.____._.........._._..._ ................W._.
._......M fixed..-Use....N.eig h.both.ood._.~____ ..........................._............_..__._. .....__._
..._M_~_..N_.-..............
~
i Industrial Districts
Industrial .._~ .-
i
i
Planned Unit Development Districts I
I Planned Residential, PR '
Plan.ned_Two.._Fami.ly.Residential_ ~ ~ - .PMR-1_
Planned Multi Family Residential PMR
_
.Planned Neighborhood.Commercial______
E_ ......................._.......-_.._................................._.... PC-1__
I , Planned .General Commercial __ _ PC-2
'
Overlay Districts E
Airport Runway Overlay District ~ _ AR _;
Section 2 Subsection 512.03 of the Richfield City Code is amended to read as follows:
512.03. Permitted uses in all districts. Except when otherwise noted, Tthe
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.
Section 3 The Richfield City Code is amended by adding new Subsection 512.13 to read
as follows:
512.13. Airport runway overlay district. Subdivision 1. Purpose and intent.
The Airport Runway Overlay District is established to implement the 2004
Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning
Ordinance (hereinafter 2004 MSP Zoning Ordinance). The 2004 MSP Zoning
Ordinance, pursuant to the. provisions and authority of Minnesota Statutes
Section 360.063, takes precedent within areas of the City of Richfield regulating
and restricting the height of structures and objects of natural growth and
otherwise regulating the use of property in the vicinity of the Minneapolis - St.
Paul International Airport. The 2004 MSP Zoning Ordinance creates zones and
establishes boundaries that extend into the City of Richfield.
It is the purpose of the Airport Runway Overlay District to protect the public
health, safety, order, convenience, prosperity and general welfare and to
promote the most appropriate use of land by preventing the creation or
establishment of Airport Hazards subject to the 2004 MSP Zoning Ordinance and
Minnesota Statutes.
Subd. 2. Creation of districts and applicability. The Airport Runway Overlay
District shall apply to all land within the City of Richfield designated as Safety
Zone B and Safety Zone C in the 2004 MSP Zoning Ordinance.
Subd. 3. Supplemental definitions. The following words and terms when used
in this subsection shall have the following meanings unless the context clearly
indicates .otherwise:
a) "2004 MSP Zoning Ordinance" -The restated and amended Minneapolis - St.
Paul International Airport (Wold -Chamberlain Field) Zoning Ordinance adopted
by the Wold -Chamberlain Field Joint Airport Zoning Board on April 29, 2004
which became effective on May 7, 2004.
b) "Above-ground fuel tank" - A container, vessel or other enclosure designed to
contain or dispense fuel that is located above the ground surface, that is not
contained within a building or structure and that is not part of or connected to a
boat. motor vehicle or rail car.
c) "Airport hazard" -Any structure tree or use ~of land that obstructs the airspace
reauired for or is otherwise hazardous to, the flight of aircraft in landing or taking
off at the Airport• and any use of land that is hazardous to persons or property
because of its proximity to the Airport.
d) "Airspace surfaces" -The surfaces established in Section IV.A of the 2004 MSP
Zoning Ordinance.
e) "Airspace zones" -The land use zones established in Section IV.A of the 2004
MSP Zoning Ordinance.
fl "Board of adjustment" -The body established in Section XII.A of the 2004 MSP
Zoning Ordinance.
a) "Established residential neighborhood in a built-up urban area" -The areas
identified in the 2004 MSP Zoning Ordinance and listed in Exhibit B -Legal
Description of Established Residential Neighborhoods and shown on Exhibit C -
Map of Established Residential Neighborhoods in Built-up Urban Areas and
pursuant to the criteria noted in the 2004 MSP Zoning Ordinance.
h) "Low density residential structure" - Asingle-family ortwo-family home.
i) "Low density residential lot" -Asingle lot located in an area which is zoned for
single-family ortwo-family residences and in which the predominant land use is
such type of residences.
j "Safety zones" -The land use zones established in Section V.A of the 2004 MSP
Zoning Ordinance.
Subd. 4. Uses. All permitted, accessory, conditional and interim uses allowed in
the underlying zoning district are allowed in the Airport Runway Overlay District
with the exception of the following prohibited uses.
a) Within the portion of the Airport Runway Overlay District designated as Safety
Zone B as contained in Section V Land Use Safety Zoning of the 2004 MSP
Zoning Ordinance and shown on MSP Zoning Map Safety Zones -Plate SZ-20,
the following uses are prohibited unless a variance permitting-the use is granted
by the Board of Adjustment established by the 2004 MSP Zoning Ordinance:
(i) Amphitheaters;
(ii) Campgrounds;
,iii) Churches,
~iv)Fuel storage tank farms;
w) Above-ground fuel tanks;
Zvi) Gasoline stations;
wii) Hospitals;
viii) Nursing homes;
fix) Residential uses (including low, mediu_ m and high density residential uses);
fix) Schools;
(xi) Stadiums;
(xii) Theaters;
(xiii) Trailer courts;
~xiv) Ponds or other uses that might attract waterfowl or other birds such as
putrescible waste disposal operations, wastewater treatment facilities and
associated settlingponds, and dredge spoil containment areas; provided,
however the prohibition on ponds or other uses that might attract waterfowl
or other birds shall not apply to acres below an elevation of eight hundred
(800) feet above mean sea level along the Bluff of the Minnesota River.
b) Within the portion of the Airport Runway Overlay District designated as Safety
Zone C as contained in Section V Land Use Safety Zoning of the 2004 MSP
Zoning Ordinance and shown on MSP Zoning Map Safety Zones -Plates SZ-13,
SZ-14 SZ-15 and SZ-20 no land use shall violate the height restrictions imposed
by the 2004 MSP Zoning Ordinance and described in Subsection 512.13 Subd. 4
of this code.
Subd. 5. Height restrictions. Except as necessary and incidental to Airport
operations no new structure shall be constructed or established; no existing
structure shall be altered, changed, rebuilt, repaired or replaced; and no tree
shall be allowed to grow or be altered, repaired, replaced or replanted in any
s~ as t~ nr~iect above any Airspace Surface as shown on MSP Zoning Map
Airspace Zones -Plates A-13, A-14, A-15, A-19 and A-20.
Subd. 6. Exemption for established residential neighborhoods. The following
regulations shall apply to an "established residential neighborhood in a built-up
area" as defined in 2004 MSP Zoning Ordinance:
a) A low density residential structure or isolated low density residential lot as
defined in 2004 MSP Zoning Ordinance which existed in an "established
residential. neighborhood in a built-up area" on or before January 1, 1.978, and all
other land uses with existed in an established residential neighborhood in a built-
up area on or before June 30, 1979, shall be subject to the height restrictions of
Subdivision 4 but shall not be subject to the Safety Zone B restrictions of
Subdivision 3. In addition, such structure, lot or use shall be deemed a
conforming use that shall not be prohibited under the 2004 MSP Zoning
Ordinance.
b) In Safety Zone B in an established residential neighborhood in a built-up urban
area or in an area immediately adjacent to such a neighborhood, existing low,
medium and high density residential uses maybe improved and expanded, and
new low medium and high density residential uses may be developed, all subject
to the height restrictions of Subdivision 4 and all other provisions of this code.
Subd. 7. 2004 MSP Zoning Ordinance use variances. Within the Airport
Runway Overlay District, variance to allow uses listed as prohibited in the Airport
Runway Overlay. District that are granted by the Board of Adjustment as
contained in the 2004 MSP Zoning Ordinance may only be established in the
City of Richfield to the extent that they comply with all of provisions of this code.
A use not allowed in the underlying zoning district shall not be established under
any circumstances.
Section 4 Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 18
to read as follows:
SECTION 18. AIRPORT RUNWAY OVERLAY DISTRICT (AR)
The Airport Runway Overlay District (AR) shall apply to all land within the City of
Richfield designated as Safety Zone B and Safety Zone C in the 2004 MSP
Zoning Ordinance and shown on MSP Zoning Map Safety Zones -Plates SZ-14,
Plate SZ-15 and Plate SZ-20.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of
May, 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, Clerk
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL N0.2008-12
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(s) 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. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 5 day of June
2008, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
2008; 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 hij kl mnopq rstuvwxyz
e
BY: C ~
CFO
On May 27, 2008, the City Council of the City of Richfield
adopted an ordinance designated as Bill No. 2008-12.
The ordinance incorporates the regulations established
by the 2004 Minneapolis - St. Paul International Airport
Zoning Ordinance (MSP Zoning Ordinance) and estab-
lished an overlay zoning district in which these regulations
will apply. The MSP Zoning Ordinance generally estab-
lishes height and land use regulations to avoid endanger-
ing the landing, take-off or maneuvering of aircraft. All
non-conforming structures and uses are allowed to re-
mainand can be altered, changed or rebuilt in accordance
with height and general safety restrictions. The regula-
tions of the MSP Zoning Ordinance apply within the City
whether or not they are incorporated directly into the City's
Code. The full text of Bill No. 2008-12 is available for in-
spection at Richfield City Hall during regular business
hours.
/s/ Nancy Gibbs ,City Clerk
(June 5, 2008) d2-bill 2008-12
Subscribed and sworn to or affirmed
before me on this 5 day of
June , 2008.
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 1~?t-09