2009-05BILL NO. 2009-5
AMENDMENT TO RICHFIELD CITY CODE
ADOPTION OF NEW SECTION 541; AND
AMENDMENT TO SECTION 512.13 OF THE CITY CODE RELATED
TO AIRPORT IMPACT OVERLAY ORDINANCE
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:
Residential Districts
Sin_gle..F.a_m.!~Y....Residentia.~ ............................................. _
..........................................
R
.
Low Density Single Family Residential R-1
................ .
Two Famil Residential
,
Y
MR-1
.
Multi-Family Residential MR-2
.
Hiah Density Multi-Family Residential MR-3
Commercial Districts
Service Office S-O
Neighborhood .Business C-1
. . . . . . .. . . . .. . . .. . . .. . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Commercial C-2
Mixed-Use Districts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mixed-Use Regional MU-R
Mixed-Use Community ...... MU-C
Mixed-Use Neighborhood MU-N
Industrial Districts
Industrial
Planned Unit Development Districts
Planned Residential PR
Planned Two Family Residential PMR-1
Planned Multi-Family Residential PMR
Planned Neighborhood Commercial PC-1
Planned General Commercial PC-2
Overlay Districts
Airport wad Impact Overlay District AR_
Safet AIO-1
..............:
Airport Impact Overlay District II AIO-2
Sec. 2. Subsection 512.01, Subdivision 2 of the Richfield City Code is amended to
read as follows:
Subd. 2. District boundaries. The location and boundaries of the zoning districts
established in this code, other than airport overlay districts, 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. The location and
boundaries of the airport impact overlay districts are identified in section 541 of this
code-
Sec. 3. Subsection 512.13, Subdivision 1 is amended to read as follows:
512.13. Airport y impact overlay districts. Subdivision 1. Purpose and intent.
Two overlay districts are established- in the city to address unique land use
situations related to the proximity of the Minneapolis-St. Paul International Airport
(Wold-Chamberlain Field) ("MSP Airport"). The airport impact overlay- districts are
established to protect the public health, safety, order, convenience, prosperity and
aeneral welfare and to promote the appropriate use of land in the vicinity of the
MSP Airport.
Subd. 1 a. Airport Impact Overlay District I(Safety)("A10-I). The Airport
may Impact Overlay District I Safet is established to implement the 2004
Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning
Ordinance (hereinafter 2004 MSP Zoning Ordinance). T"~~4-~"S~e-p+r~g
r.rncr~ori+~i onrJ nor~or~l ~niolforo ~r,r! The AIO-1 District is intended to _ promote the
most appropriate use of land by preventing the creation or establishment of Ai-r~e~t
u,-,s certain uses subject to the 2004 MSP Zoning Ordinance and Minnesota
Statutes-
Subd. 1 b. The Airport Impact Overlay District II (Noise) ("A10-II") is intended
to reduce the impact of airport noise on residential land uses by establishing
standards for noise attenuation in new construction and by establishing guidelines
for noise attenuation in the rehabilitation or remodeling of existing residential land
uses.
Subd. 1 c. The regulations for airport impact overlay districts are set forth at
section 541 of this code.
Sec. 4. Subsection 512.13, Subdivisions 2 and 3 of the Richfield City Code are
hereby repealed.
Sec. 5. Chapter 5 of the Richfield City Code is amended by adding a new Section
541 as follows:
Section 541 -Zoning: Airport Impact Overlay Districts
541.01. Airport Impact Overlay Districts; Applicability. Subdivision 1.
Subsections 541.05 through 541.15 relate to Airport Impact Overlay District I
(Safety) "A10-I."
Subd. 2. Subsections 541.75 and 541.77 relate to Airport Impact Overlay
District II (Noise) "A10-II."
541.05. Definitions. The following words and terms when used in this section
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 the Effective Date, the terms of which are
incorporated herein by reference.
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
required 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.
f) "Board of adjustment" -The body established in Section XII.A of the 2004 MSP
Zoning Ordinance.
g) "Consent Decree" -The Consent Decree signed on October 17, 2007 by Judge
Stephen C. Aldrich of the Minnesota District Court 4t" Judicial District in the
action entitled City of Minneapolis et al v. Metropolitan Airports Commission et
al., a true and correct copy of which is on file in the office of the Community
Development Director of the City of Richfield.
h) "d BA" - a unit of sound pressure level weighted by use of the A metering
characteristics and weighting as specified in the American National Standards
Institute specifications for sound level meters (ANSI S1.4-1983), which is hereby
incorporated by reference. "d BA" is also referred to as an A-weighted decibel.
i) "Day-Night Average Sound Level (DNL)"-The day-night average sound level is
a measure of the average noise environment over a 24-hour day. It is the 24-
hour energy-averaged A-weighted sound level with a 10 decibel penalty applied
to nighttime levels which occur between 10:00 p.m. to 7:00 a.m..
j) "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.
k) "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 or two-family residences and in which the predominant land use is
such type of residences.
m) "Noise Contours" -Lines or "footprints" of noise level usually drawn around a
noise source (such as an airport, industrial plant or highway). The lines are
generally drawn in 5-decibel increments so that they resemble elevation
contours found in topographic maps.
n) "Safety zones" -The land use zones established in Section V.A of the 2004
MSP Zoning Ordinance.
o) "Sound attenuation" -The reduction in sound level which occurs between the
source and receiver by means of construction methods and materials.
p) "Sound Transmission Class (STC)" - Asingle-number rating for describing the
degree of sound transmission loss specified for a wall, window, partition or other
building element. The higher the STC, the more attenuation the building
element will afford as defined by the Metropolitan Council's Builders Guide.
541.07. Airport Impact Overlay District I (Safety); district boundaries. The
Airport Impact Overlay District I (Safety) 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.
541.09. General Restrictions. All permitted, accessory, conditional and interim
uses allowed in the underlying zoning district are allowed in the Airport Impact
Overlay District with the exception of the following prohibited uses.
a) Within the portion of the A1O-I 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:
(1) Amphitheaters;
(2) Campgrounds;
(3) Churches;
(4) Fuel storage tank farms;
(5) Above-ground fuel tanks;
(6) Gasoline stations;
(7) Hospitals;
(8) .Nursing homes;
(9) Residential uses (including low, medium and high density residential
uses);
(10) Schools;
(11) Stadiums;
(12) Theaters;
(13) Trailer courts;
(14) Ponds or other uses that might attract waterfowl or other birds such as
putrescible waste disposal operations, wastewater treatment facilities
and associated settling ponds, 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 A1O-I 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.
541.11. Height. 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 way so as to project above any
Airspace Surface as shown on MSP Zoning Map Airspace Zones -Plates A-13, A-
14, A-15, A-19 and A-20.
541.13. Exemptions. 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, 1978,
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 may be 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.
541.15. 2004 MSP Zoning Ordinance use variances. Within the A1O-I District,
variance to allow uses listed as prohibited in the A1O-I 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.
541.17 to 541.73 [reserved for future use]
541.75. .Airport Impact Overlay District II (Noise): findings; district
boundaries. Subdivision 1. Findings. The City finds that noise generated by
aircraft over flights has adverse impacts on residential uses of property, especially
on properties located within noise contours having a DNL decibel level of 60 or
higher. The adverse impacts of aircraft noise can be reduced in new construction
through the use of construction materials that have a sound transmission
classification of 40 or higher. In the case of rehabilitation, remodeling or additions
to existing residential dwelling units, the benefits of using construction materials with
an STC rating of 40 or higher will depend upon the particulars of the project and in
the city's determination should be left to the individual property owner to determine.
Subd. 2. District boundaries. The provisions of subsections 541.75 and
541.77 shall apply to all lots or parcels of record within the City of Richfield having
an underlying zoning designation of Single Family Residential (R), Low Density
Single Family Residential (R-1), Two Family Residential (MR-1), Multi-Family
Residential (MR-2), and High Density Multi-Family Residential (MR-3) and located
within or touched by the 2007 60-64 DNL contours as shown at Appendix A of the
Consent Decree, which contour map is incorporated into this ordinance by
reference.
541.77. Noise Attenuation. It is in the best interest of the City and of current and
future residents that the integrity of all residential structures which have received a
5dB or; other sound insulation package from the Metropolitan Airports Commission
be maintained subject to the following:
Subd. 2. Noise Attenuation Required -Any new single-family or multi-family
construction on property located within the 60+ DNL Contours, or any infill
construction or rebuilding of residential structures after tearing down the original
structure which takes place within blocks or between structures that have received
noise attenuation pursuant to the Consent Decree or pursuant to previous noise
mitigation programs of the Metropolitan Airports Commission, shall utilize building
materials with a sound transmission class (STC) rating of at least forty (40) and
shall include installation of central air conditioning and mechanical ventilation
throughout the habitable areas of the structure.
Subd. 3. Requirements within the 2007 60-62 Contours. All construction of
new single family homes located in blocks or between structures that have received
noise attenuation pursuant to the Consent Decree that are in the 60 to 62 DNL
contours as defined in the Consent Decree must include installation of central air
conditioning and mechanical ventilation throughout the habitable portion of the
structure.
Subd. 4. Requirement for Multi-Family Homes in the 2007 60-64 Contour.
All construction of new multiple family homes in blocks that have received noise
attenuation pursuant to the Consent Decree or which are between structures which
have received noise attenuation pursuant to the Consent Decree or pursuant to
previous noise mitigation programs of the Metropolitan Airports Commission must
include installation of central air conditioning or mechanical ventilation throughout
the habitable portions of the structure.
Subd. 5. Noise Attenuation Recommended but not required. For
construction of a habitable addition to a dwelling unit that expands the habitable
area of a dwelling unit which had previously received 5dB sound insulation package
from the Metropolitan Airports Commission pursuant to the Consent Decree or
pursuant to previous noise mitigation program of the Metropolitan Airports
Commission, the property owner is encouraged to consider (i) the inclusion of
central air conditioning and mechanical ventilation for the expanded area and (ii)
utilization of materials with a sound transmission class (STC) rating of at least forty
(40) in order to achieve similar noise attenuation in the expansion of the structure as
existed in the principal structure prior to the expansion.
Sec. 6. This Ordinance is effective in accordance with Section 3.09 of the Richfield
City Charter.
Passed by the City Council of the City o 'chfield, i nesota t 10th da of March 2009.
D b ie Goettel, Mayor
ATTEST:
Nancy Gibbs amity Clerk
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL N0.2009-5
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 19 day of March
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
2009; 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 hijklmnopgrstuvwxyz
r
BY: L---
CFO
Subscribed and sworn to or affirmed
before me on this 19 day of
March , 2009.
On March 10, 2009, the City Council of the City of Rich-
field adopted an ordinance designated as Bill No. 2009-5.
The ordinance incorporates aircraft impact overlay district
that imposes standards on construction of all new resi-
dential dwellings and recommends construction stan-
dards on the remodeling or expansion of existing resi-
dentialdwellings within the 2007 60+ DNL noise contours.
The full text of Bill No.2009-5 is available for inspection at
Richfield City Hall during regular business hours.
/s/ Nancy Gibbs. City Clerk
(Mar. 19, 2009) d2-bill 2009-5
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 1~1-14