§ 512.13. Airport 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 general welfare and to promote the appropriate use of land in the vicinity of the MSP Airport. (Amended, Bill No. 2009-5)

Subd. 1a. Airport Impact Overlay District I (Safety)(AIO-1). The Airport Impact Overlay District I (Safety) is established to implement the 2004 Minneapolis-St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance (hereinafter 2004 MSP Zoning Ordinance). The AIO-1 District is intended to promote the most appropriate use of land by preventing the creation or establishment of certain uses subject to the 2004 MSP Zoning Ordinance and Minnesota Statutes. (Added, Bill No. 2008-12; Amended, Bill No. 2009-5)

Subd. 1b. [Airport Impact Overlay District II (Noise)(AIO-2).] The Airport Impact Overlay District II (Noise)(AIO-2) 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. 1c. [Regulations.] The regulations for airport impact overlay districts are set forth at section 541 of this Code.

Subd. 2. (Repealed, Bill 2009-5)

Subd. 3. (Repealed, Bill 2009-5)

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;

(v)

Above-ground fuel tanks;

(vi)

Gasoline stations;

(vii)

Hospitals;

(viii)

Nursing homes;

(ix)

Residential uses (including low, medium and high density residential uses);

(x)

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 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 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 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.

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, 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.

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.