§ 19.38.03  AIRPORT RUNWAY OVERLAY DISTRICTS.
   (a)   Purpose and intent. The Airport Runway Overlay Districts are 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 M.S. § 360.063, as it may be amended from time to time, takes precedent within areas of the city 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.
      It is the purpose of the Airport Runway Overlay Districts 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.
   (b)   Creation of districts and applicability. The Airport Runway Overlay Districts shall apply to all land within the city designated as Safety Zone A and Safety Zone B in the 2004 MSP zoning ordinance. The following overlay districts are hereby established as follows:
      Airport Runway (AR-17) Overlay District. Includes all land in the city within Safety Zone A and Safety Zone B to the south of MSP Runway 17-35 as described in the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-21 and Plate SZ-27 and shown on the zoning district map of the city; and
      Airport Runway (AR-22) Overlay District. Includes all land in the city within Safety Zone B to the southwest of MSP Runway 4-22 as described in the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-20 and Plate SZ-21 and shown on the zoning district map of the city.
   (c)   Uses. All permitted principal, provisional, conditional, interim and accessory uses allowed in the primary zoning district are allowed in the Airport Runway Overlay Districts with the exception of the following prohibited uses.
      (1)   Airport Runway (AR-17) Overlay District.
         (A)   Within the portion of the Airport Runway (AR-17) Overlay District designated as Safety Zone A in the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-21 there shall be no structures or trees, except structures related to airport operations or air navigation as allowed in a runway protection zone by federal laws and regulations or by FAA advisory circulars.
         (B)   Within the portion of the Airport Runway (AR-17) Overlay District designated as Safety Zone B as contained in § V Land Use Safety Zoning of the 2004 MSP zoning ordinance and shown on MSP Zoning Map Safety Zones-Plate SZ-21 and Plate SZ-27, 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)   Places of assembly;
            (IV)   Fuel storage tank farms;
            (V)   Above-ground fuel tanks;
            (VI)   Gasoline station;
            (VII)   Hospital;
            (VIII)   Nursing homes;
            (IX)   Residential uses (including low, medium and high density residential uses);
            (X)   Schools;
            (XI)   Stadiums;
            (XII)   Theaters;
            (XIII)   Trailer courts; and
            (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.
      (2)   Airport Runway (AR-22) Overlay District.
         (A)   Within the portion of the Airport Runway (AR-22) Overlay District designated as Safety Zone B as contained in § 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 station;
            (VII)   Hospital;
            (VIII)   Nursing homes;
            (IX)   Residential uses (including low, medium and high density residential uses) except in an established residential neighborhood in a built-up urban area;
            (X)   Schools;
            (XI)   Stadiums;
            (XII)   Theaters;
            (XIII)   Trailer courts; and
            (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.
   (d)   Height. In addition to the restrictions of § 21.301.10 of this code, all structures in the Airport Runway (AR-17) Overlay District and Airport Runway (AR-22) Overlay District shall be subject to the height restrictions imposed by the 2004 MSP zoning ordinance.
      (1)   Airport Runway (AR-17) Overlay District. Within the Safety Zone B of Airport Runway (AR-17) Overlay District, 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 or replaced, or replanted in any way so as to project above any airspace surface as shown on MSP Zoning Map Airspace Zones-Plate A-21 and Plate A-27.
      (2)   Airport Runway (AR-22) Overlay District. Within the Safety Zone B of the Airport Runway (AR-22) Overlay District, 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 or replaced or replanted in anyway so as to project above any airspace surface as shown on MSP Zoning Map Airspace Zones-Plate A-20 and Plate A-21.
   (e)   2004 MSP zoning ordinance use variances. Within the Airport Runway Overlay Districts, variances to allow uses listed as prohibited in the Airport Runway Overlay Districts that are granted by the Board of Adjustment as contained in the 2004 MSP zoning ordinance may only be established in the city to the extent that they comply with all other provisions of this code. A use not allowed in the primary zoning district shall not be established under any circumstances.
(Ord. 2004-18, passed 5-3-2004; Ord. 2009-36, passed 11-16-2009; Ord. 2010-29, passed 11-1-2010)