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98-016 ORDORDINANCE 98 - 16 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.12 OF THE CITY CODE OF ORDINANCES CASE NO. OA 98-2 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.12.19 of the City of Elk River Code of ordinances titled "Permitted, Accessory, and Conditional Uses" is hereby amended to read as follows: I. Tower Setbacks and Tower Height. Towers shall conform with each of the following requirements: i. Towers shall not be located between a principal structure and an adjoining public street. ii. In industrial zones towers and accessory structures shall be setback 30 feet from the front property line, 25 feet from the side property line and 20 feet from the rear property hne. In all other zones and from any property line abutting a residential use, towers and accessory structures shall meet setback requirements equal to the height of the tower from all property lines. iii. The maximum height of any tower, including antennas and other attachments, shall not exceed 150 feet. iv. The height of a tower may be increased by 24 feet to accommodate each additional user above those required by co-location up to a maximum height of 198 feet. v. Engineered fall zone analysis shall be conducted by a qualified structural engineer; this report shall specify in writing that any collapse of the tower would occur within a specified fall zone within a lesser distance than the setback. Section 2. That this ordinance shall take effect upon publication as provided by law.  d and adopted by the City Council of the City of Elk River this /7_~ay of .,.~.~-,~" , 1998. I4_~ry A. ~Duitsman~'- - ~'~ Sandra ~k. P;ine ' Mayor City Clerk s:\document\ordinanc\oa98-2.doc Affidavit of Publication STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) ORDINANCE 9&;,16 ,,', CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.12 OF THE CITY CODE OF ORDINANCES O. OA 98.2-. f the Cityrif Elk ordain as follows: . 'on 900.12.19 of the bode of ordinanCes, d, Accessif is hereby: ~~ being duly sworn, oath says that he/she is the publisher 0; authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A02, 331A.07, and other applicable laws, as amended. (B) The printed o.~ o,>S>-lk which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I ~- cessive weeks; it was first published on Wec!Pesday, the :J. G- day of 0 ~ . 19~ and was thereafter printed and p lished on every Wednesday to and including Wednesday, the_day of .19_; and printed below is a copy of the lower case alphabet 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. feet. iv. . The incre8.sellby each additio required :b mum. v. E' . fall zone AnAlysis ~hall be conducted by a qUalified structural engineer; this report shall specify in writing that any collapse of the tower would occur. within a specified fall . zo . -a lesser distance than the se Section 2 's ordinAnce shall take -effect upo . cation 8& provid- edbylaw. ", .': . Passed and a d. by the City Council of the City of Elk River this '17th day of August, 1998. ' :. ',',' . ' Henry A. Duitsman, Mayor KITEST:- '. . Sandra A. Peine, City Clerk . , (Ag26) a bc de fghij kl mno pqrst u v wxyz BY: TITLE: 7jA~o~~~ ~~ day of Subscribed and sworn to before me on this o 11~00:t- , 199~ . f '-vY1, RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ (2) Maximum rate allowed by law for the above matter $ (3) Rate actually charged for the above matter $ '751.00 ~3.l.oS ~3~S