Subdivision 1. Subsections 541.05 through 541.15 relate to Airport Impact Overlay District I (Safety) "AIO-1."

Subd. 2. Subsections 541.75 and 541.77 relate to Airport Impact Overlay District II (Noise) "AIO-II."

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 4th 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)

"dBA." 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. "dBA" 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 ten (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." A single-family or two-family home.

l)

"Low density residential lot." A single 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)." A single-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.

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.

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 AIO-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 800 feet above mean sea level along the Bluff of the Minnesota River.

b)

Within the portion of the AIO-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.

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.

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.

Within the AIO-I District, variance to allow uses listed as prohibited in the AIO-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.

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 construc tion 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 Low Density Residential (R), Single-family Residential (R-1), Multifamily Residential (MR-2), and High Density Multifamily 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. (Amended. Bill No. 2023-2)

Subdivision 1. 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. 2007 63+ or greater DNL Contour Definition. For the purpose of determining noise attenuation for new residential construction on a property, this area is defined as the area in which noise is greater than within the 2007 60-62 DNL Contour.

Subd. 3. Noise Attenuation Required. Any new residential construction on property located within the 2007 63+ or greater 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 exterior building assemblies with an average Sound Transmission Class (STC) rating of at least 40 (notwithstanding, windows must have an individual STC rating of at least 31 and glass doors must have an average STC rating of at least 28) and shall include installation of central air conditioning and mechanical ventilation throughout the habitable areas of the structure.

Subd. 4. Requirements within the 2007 60-62 Contours. All new residential construction 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. 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 40 in order to achieve similar noise attenuation in the expansion of the structure as existed in the principal structure prior to the expansion.

Subd. 6. Noise Attenuation Map. Final determination of noise requirements for this ordinance will be based on the map titled, "Noise Attenuation Areas in Richfield for New Residential Construction". A copy of the map will be on file in the Community Development Department of the City.

(Amended, Bill No. 2013-23; amended, Bill No. 2017-15)

Subdivision 1.Purpose and intent. The Penn Avenue Corridor District provides for a balanced mix of commercial, office and residential uses that together create a cohesive and pedestrian-friendly area. (Added, Bill No. 2009-7)

Subd. 2.Creation of district and applicability. The Penn Avenue Corridor Overlay (PAC) District shall apply to properties designated within Appendix 1 of this Code.

Subd. 3.Applicable regulations. The regulations of the underlying Mixed-Use Community (MU-C) District shall apply with the following additions and exceptions:

a)

Uses. All permitted, accessory, conditional and interim uses allowed in the MU-C District are allowed in the PAC District with the following additions, qualifications and/or exceptions:

Table 1

Uses in the Penn Avenue Corridor Overlay District

Note— The following abbreviations are used within the use table:

P= Permitted use

A= Accessory use

C= Conditionally permitted

N= Not permitted

b)

Uses not listed. Any land use not listed as Permitted, Accessory or Conditional in this subsection or other referenced subsections is prohibited in the Penn Avenue Corridor Overlay District unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 509.23 of this Code.

c)

Bulk and dimensional standards. All bulk and dimensional standards applicable in the MU-C District, as found in Subsection 537.07 of this Code, shall apply in the PAC District with the following additions, qualifications and/or exceptions:

(i)

The minimum two-story building requirement prescribed in Table 2 of Subsection 537.07 does not apply within the PAC District.

(ii)

The maximum number of building stories in the PAC District shall be eight (8) stories.

(iii)

A mix of uses, as prescribed by Subsection 537.07, Subd. 2(b) is not required within the PAC District.

d)

Other performance standards. All additional performance standards applicable in the MU-C District, as found in Subsection 537.11 of this Code, shall apply in the PAC District with the following additions, qualifications and/or exceptions:

(i)

The above-ground parking ramps orientation requirement described by Subsection 537.11, Subd. 6(d) does not apply in the PAC District.

(ii)

The open space requirement described by Subsection 537.11, Subd. 8 does not apply in the PAC District.

e)

Sign regulations. All sign regulations applicable in the MU-C District, as found in Section 549 of this Code, shall apply in the PAC District with the following additions, qualifications and/or exceptions:

(i)

Freestanding signs with an area greater than 100 square feet shall not be internally illuminated or contain a dynamic display.

(ii)

Wall signs may include internally illuminated individual channel letters, and internally illuminated logos not exceeding 25% of the overall wall sign area. Internally illuminated or backlit box signs are prohibited as wall signs in the PAC District.

(Amended, Bill No. 2014-12; Bill No. 2015-1; Bill No. 2018-5)

Subdivision 1.Purpose and intent. The Cedar Avenue Corridor District promotes both redevelopment of existing structures and new development of consistent character to provide a balanced mix of compatible uses. Design regulations are provided to produce structures of consistent character and of appropriate scale that transition from single family residential to higher density mixed use. The intent of the Overlay District is to guide the design character of redevelopment and revitalization in ways that are sensitive to the intent of the Comprehensive Plan.

Subd. 2.Creation of district and applicability. The Cedar Avenue Corridor Overlay (CAC) District shall apply to properties designated within Appendix 1 of this Code.

Subd. 3.Applicable regulations. All permitted, accessory, conditional, and interim uses allowed in the underlying Districts shall be allowed in the CAC Overlay District with the following additions, qualifications, and/or exceptions:

The following abbreviations are used below:

Permitted use - P

Accessory use - A

Conditional use - C

Not permitted/prohibited - N

a)

MR-2 in the CAC Overlay District:

• Funeral Homes - P

• Twin Homes - P

• Cluster Home Development - C

• In addition to the conditions listed in Subsection 525.07, Subd. 3, no detached single-family dwellings are permitted.

• Bed and Breakfast Inns - P

• Outdoor Storage - N

• Exemption for established single-family detached dwellings:

• Single-family detached dwellings and associated garages existing prior to the adoption of this ordinance (04/11/2017) shall be allowed to expand through the issuance of a Conditional Use Permit. Expansions shall be limited as follows:

• Habitable space expansions shall not exceed 300 square feet.

• Total garage space shall not exceed 520 square feet (or the square footage of the associated dwelling, whichever is smaller) and garage height shall be limited to 14 feet.

• The setback regulations and reductions of the Single-Family R District shall apply.

b)

MU-C in the CAC Overlay District:

• Multi-Family (minimum lot size 0.5 acres)

• Restaurant Class I (serving alcohol) - P

• Taproom/Cocktail Room - A/C

• All conditions of Subsection 537.05, Subd. 13 apply except Clause b related to location along an arterial or collector street.

• Theaters, movie or live entertainment - C

• Adult business establishments - N

• Regional retail services - N

• Assembly and manufacturing - C

• Outdoor storage - N

• Exemption for established single-family detached dwellings:

• Single-family detached dwellings and associated garages existing prior to the adoption of this ordinance (04/11/2017) shall be allowed to expand through the issuance of a Conditional Use Permit. Expansions shall be limited as follows:

• Habitable space expansions shall not exceed 300 square feet.

• Total garage space shall not exceed 520 square feet (or the square footage of the associated dwelling, whichever is smaller) and garage height shall be limited to 14 feet.

• The setback regulations and reductions of the Single-Family R District shall apply.

Subd. 4.Bulk and dimensional standards. All bulk and dimensional standards applicable in the underlying districts, as found in Subsections 525.11 (MR-2) and 537.07 (MU) of this Code, shall apply in the CAC District with the following additions, qualifications, and/or exceptions:

a)

MR-2 in the CAC Overlay District:

• Minimum building height: 2 Stories

• Minimum front building setback: 10 feet

• Minimum parking required: 1.5 spaces per dwelling unit

b)

MU-C in the CAC Overlay District:

• Maximum building height: 8 Stories

• A mix of uses, as prescribed by Subsection 537.07, Subd. 2 (b) is not required in the CAC District.

• Front yard setback for upper stories over the 5th Story: 75 ft.

Subd. 5.Other performance standards. All additional performance standards applicable in underlying districts shall apply in the CAC District with the following additions, qualifications, and/or exceptions:

a)

Buffer standards between MR-2 and adjacent Single Family: The Council may reduce the requirements of Subsection 544.13, Subd. 5 to less than 15 feet if significant additional landscaping and fencing, with 100 percent all-season opacity, is provided.

b)

The open space requirement described by Subsection 537.11, Subd. 9 does not apply in the CAC District.

c)

Odor and Noise: No activity or operation shall be established or maintained that by reason of its nature or manner or operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust, or particle matter that is perceptible beyond the property line.

d)

Deliveries: Delivery traffic and operations must be oriented away from Richfield Parkway.

e)

The through lot provision described by Subsection 509.07, Subd. 3 does not apply in the CAC District. Richfield Parkway is the designated front yard.

(Added, Bill No. 2017-6)

Subdivision 1. Purpose and intent. The Veterans Park Area Overlay District promotes both redevelopment of existing structures and new development to provide a balanced mix of compatible uses in proximity to the Veterans Memorial Park. Design regulations are provided to produce structures of consistent character and of appropriate scale that transition from single family residential to higher density mixed use and community commercial. The intent of the Overlay District is to guide the design character of redevelopment and revitalization in ways that are sensitive to the intent of the Comprehensive Plan and its surrounding land uses, while adhering to the Portland and 66th Sub Area Study's guidance and Development Principles:

• Personal Connections: Support redevelopment projects that preserves and enhances the ability of residents and users of Veterans Memorial Park to make personal connections to the park.

• Park and Neighborhood Connectivity: Increase connectivity to Veterans Memorial Park by incorporating vehicle, pedestrian, wheelchair/walker, and bicycle connections between park destinations (e.g., the Memorial, lake, ice arena, and swimming pool), neighborhoods, and redevelopment sites along Portland Avenue and 66th Street.

• Diversify Housing Options: Use redevelopment sites to expand the mix of housing in the area such as row/townhouse, affordable units, courtyard apartments, courtyard cottages, and live-work units.

• Convenient Commercial: Encourage a mix of community and small neighborhood commercial businesses in proximity to residential areas and the park destinations as an important amenity for residents and park visitors.

• Sustainable Development: Use sustainable design practices and new technology in developments that will help create a healthy, sustainable, vibrant neighborhood, and contribute to the park environment.

• Building Transition: Require site design and building architectural characteristics that provide appropriate transitions between single family residential neighborhoods and higher intensity uses.

• Building Heights: Locate the tallest portions of buildings away from adjacent low density residences. For sites adjacent to Veterans Memorial Park, locate the tallest portions of buildings away from the park's open areas.

• Building Massing: Locate and design buildings to preserve views to/from the park's open areas and minimize potential shadowing of the park.

• Quantity of Parking: Minimize parking needs by leveraging the study area's location along multimodal corridors to reduce the use of the automobile while limiting neighborhood impacts.

Subd. 2.Creation of district and applicability. The Veterans Park Area (VPA) Overlay District shall apply to properties designated within Appendix 1 of this Code.

Subd. 3.Applicable regulations. All permitted, accessory, and conditional uses allowed in the underlying Districts shall be allowed in the VPA Overlay District with the following additions, qualifications, and/or exceptions.

The following abbreviations are used below:

Permitted use—P

Accessory use—A

Conditional use—C

a)

MR-3 in the VPA Overlay District:

• Offices and clinics—A

• Restaurants Class I (serving alcohol)—A/C

• Restaurant Class II (traditional/cafeteria)—A

• Restaurant Class IV (take-out only)—A

• Retail services, general—A

• Retail services, neighborhood—A

• Taproom/cocktail room—A/C

• Additions for accessory uses:

• All accessory uses shall be contained within the principal residential building.

• All accessory uses shall have street frontage.

• All accessory uses shall be located on the ground floor and shall not exceed 15,000 square feet.

b)

C-2 in the VPA Overlay District:

• Assisted living facilities, nursing, or rest homes above ground floor commercial—P

• Dwelling, multifamily above ground floor commercial—P

• Live-work units above ground floor commercial—P

Subd. 4.Bulk and dimensional standards. All bulk and dimensional standards applicable in the underlying districts, as found in Subsections 525.11 (MR-2), 527.11 (MR-3), and 534.11 (C-2) of this Code, shall apply in the VPA Overlay District with the following additions, qualifications, and/or exceptions:

a)

MR-2 in the VPA Overlay District:

• Front yard setback: The minimum front yard setback shall be 10 feet and the maximum shall be 25 feet along.

• Parking shall be located in the rear and/or side yards of the building.

b)

MR-3 in the VPA Overlay District:

• Building height: The principal building heights shall be a minimum of 20 feet and up to a maximum of 55 feet or five (5) stories, whichever is less.

• Building heights shall be measured from the building footprint's average ground level elevation.

• Floors above the third floor shall be stepped back a minimum of 15 feet when adjacent to public streets and public land. Step backs may be adjusted depending on specific site conditions and building placements.

• Maximum building coverage: 40 percent.

• Front yard setback: The minimum front yard setback shall be 15 feet and the maximum shall be 25 feet.

• Rear and side yard setbacks: When adjacent to Veterans Memorial Park, the required rear and side yard setbacks shall prioritize greenspace and landscaping as a transition/buffer to the Park.

c)

C-2 in the VPA Overlay District:

• Front yard setback: The minimum front yard setback shall be 15 feet and the maximum shall be 25 feet.

• Rear and side yard setbacks: When adjacent to Veterans Memorial Park, the required rear and side yard setbacks shall prioritize greenspace and landscaping as a transition/buffer to the Park.

• Parking shall be located in the rear and/or side yards of the building.

Subd. 5.Other performance standards. All additional performance standards applicable in underlying districts shall apply in the VPA District with the following additions, qualifications, and/or exceptions:

a)

MR-2 in the VPA Overlay District:

• A minimum of one primary building entrance shall face Portland Avenue or 66th Street depending on where the property is located.

• Properties directly adjacent to or across the street from Veterans Park: New projects or projects involving the addition of more than 50 percent of the existing square footage of a building shall submit a Bird Collision Reduction Plan addressing the impacts of the building's glass, lighting, and site design on birds as part of their development application.

b)

MR-3 in the VPA Overlay District:

• Residential development shall include a minimum of two (2) types of residential land uses that expand the variety of lifecycle housing options in the study area.

• A lot larger than two (2) acres is allowed to include a second building for all permitted, accessory, and conditional uses allowed in the MR-3 District.

• The two buildings shall be grouped into a single polygon to assess compliance with required setbacks.

• Existing trees shall be protected and preserved to the greatest degree possible.

• Pedestrian facilities shall be placed along the site's perimeter to provide walking connections between the public street and public amenities such as Veterans Memorial Park.

• Stormwater shall be managed onsite by using best management practices, such as raingardens, green roofs, and bio-infiltration swales to create aesthetically pleasing and useable public spaces or underground systems.

• Sites north of 66th Street shall plan internal traffic circulation to accommodate the potential for a north-south road (an approximate extension of Oakland Avenue) that would connect the sites to 66th Street.

• A shadow study shall be required as part of the development review process to evaluate potential impacts of shadowing on adjacent properties, measured by the sun's position at the time of the summer solstice.

• A minimum of one primary building entrance is required on each street façade and at least one building entrance every 75 feet of each street façade.

• Properties directly adjacent to or across the street from Veterans Park: New projects or projects involving the addition of more than 50 percent of the existing square footage of a building shall submit a Bird Collision Reduction Plan addressing the impacts of the building's glass, lighting, and site design on birds as part of their development application.

c)

C-2 in the VPA Overlay District:

• Existing trees shall be protected and preserved to the greatest degree possible.

• Pedestrian facilities shall be placed along the site's perimeter to provide walking connections between the public street and public amenities such as, Veterans Memorial Park.

• Sites north of 66th Street shall plan internal traffic circulation to accommodate the potential for a north-south road (an approximate extension of Oakland Avenue) that would connect the sites to 66th Street.

• Stormwater shall be managed onsite by using best management practices, such as raingardens, green roofs, and bio-infiltration swales to create aesthetically pleasing and useable public spaces or underground systems.

• Properties directly adjacent to or across the street from Veterans Park: New projects or projects involving the addition of more than 50 percent of the existing square footage of a building shall submit a Bird Collision Reduction Plan addressing the impacts of the building's glass, lighting, and site design on birds as part of their development application.

(Bill No. 2021-12)