8.1. SR 09-20-2010..! .~
2+Y.
INTERIM ORDINANCE NO. 10-1
CITY OF ELK RIVER
AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS OR THE APPROVAL OF PENDING
APPLICATIONS FOR CONDITIONAL USE PERMITS OR AMENDMENTS TO
EXISTING CONDITIONAL USE PERMITS FOR MINERAL EXCAVATION
ACTIVITIES
Findings of Fact
The City Council of the City of Elk River makes the following Findings of Fact:
1. The City of Elk River, following the preparation of a mining area land use study
and the preparation of an environmental impact statement covering the mining
area of the City of Elk River, adopted, in 1982, ordinance amendments regulating
mineral excavation activities (now codified as Chapter 42, Article II of the Elk
River City Code of Ordinances) and creating a mineral excavation overlay zoning
district (now codified at Section 30-1835 of the Code of Ordinances).
2. One of the purposes of the environmental impact statement for the gravel mining
area was to ensure that mining in this area of the City was conducted in a manner
that would allow for future development of this area of the City for other uses.
3. One of the purposes of the mineral excavation overlay zoning district is to protect
the public health, safety and general welfare by providing a specific zoning
district.
4. In order to ensure that mineral excavation activities are conducted in such a way
that protects the public health, safety and general welfare, and provides for future
development of the mining area, mineral excavation operations are made a
conditional use in the mineral excavation overlay zoning district.
5. The purposes of the gravel mining area environmental impact statement and the
mining and mineral excavation overlay district cannot be met unless mineral
excavation activities are subject to appropriate regulation, including requiring
conditional use permits for mining activities and the imposition of appropriate
conditions on the issuance of conditional use permits.
6. A representative of a mineral excavation business has recently taken the position
that:
o the mere fact that land is located within the mineral excavation overlay
zoning district means that mining is a permitted use;
o denial of a conditional use permit, or denial of an amendment to an
existing conditional use permit, is, therefore, "arbitrary as a matter of
law"•
o it is unreasonably vague and subjective for the City to rely on potential
future development of property located within the mineral excavation
overlay zoning district when acting on applications to amend a conditional
use permit for mineral excavation activities; and
o the City cannot rely on its general standards for the approval of
conditional use permits when acting on conditional use permits in the
mineral excavation overlay zoning district.
7. This position, if sustained by a court of law, would severely restrict the City's
ability to regulate mining excavation activities in a way that meets the purposes of
the mining area environmental impact statement and the mineral excavation
overlay zoning district.
8. The City Council therefore finds that it is necessary to determine whether
amendments are necessary to the City of Elk River Code of Ordinances in order to
adequately regulate mineral excavation activities within the City.
9. The City Council further finds that it is necessary, in order to protect the planning
process and the health, safety and welfare of the citizens of the City of Elk River,
to adopt an interim ordinance pursuant to Minnesota Statutes, Chapter 462.355,
Subdivision 4 prohibiting the acceptance of new applications, or the approval of
pending applications, for new conditional use permits or licenses, or amendments
to existing conditional use permits or licenses, for mineral excavation activities,
until it can be determined whether amendments to the City's official controls,
including Chapters 30 and 42 of the Elk River City Code of Ordinances, are
necessary.
THEREFORE, the City Council of the City of Elk River adopts City of Elk River Interim
Ordinance No. 10-1, as follows:
1. There shall be in effect as of the date of adoption of this Interim Ordinance No.
10-1 a prohibition on the acceptance of applications, or the approval of pending
applications, for new conditional use permits or licenses, or amendments to
existing conditional use permits or licenses, for mineral excavation activities
either within or outside the mineral excavation overlay zoning district.
2. This Interim Ordinance shall remain in effect until September 20, 2011, unless
earlier terminated by action of the Elk River City Council.
3. City staff shall commence research and analysis of the City's Ordinances
regulating mineral excavation activities and shall prepare and present a report to
the City Council within 6 months of the date of this Interim Ordinance. The
report from City staff shall include proposed amendments to the Elk River City
Code of Ordinances, if City staff is recommending such amendments. In the
conduct of its research and analysis, City staff shall solicit input from all
businesses or individuals which it knows to be conducting mineral excavation
activities within the City of Elk River at this time.
4. Notice of the adoption of this Interim Ordinance No. 10-1 shall be published and
mailed to all businesses and individuals which currently hold a conditional use
permit or license for mineral excavation activities.
Passed and adopted by the City Council of the City of Elk River this 20th day of
September, 2010.
Stephanie Klinzing
Mayor
Attest:
Tina Allard
City Clerk
GP:2850479 vi
LAND DEVELOPMENT REGUT~ATIONS
restrictions and requirements applicable in the
underlying district. In addition to the uses al-
lowed in the under]ying zoning district, there
shall be allowed in the solid waste facilities over-
lay district the following conditional uses, subject
to all requirements of this Code for the establish-
ment and operation of such uses:
{ I) Solid waste facilities licensed under chap-
ter 58, article III.
(2) Solid waste processing facilities licensed
under chapter 58, article III.
(3) Sanitary landfills licensed under chapter
58, article III.
(4) Waste burning facilities licensed under
chapter 58, article III.
(5) Transfer stations- licensed under chapter
58, article III.
(c) Dimensional and other regulations; perfor-
mance standards. Dimensional regulations, set-
backs, yard regulations, height regulations, sign
regulations, parking and loading regulations, per-
formance standards, and all other regulations,
standards, and requirements applicable in the
underlying zoning district shall be applicable,
subject to any additional requirements, regula-
tions, and standards which must be met pursuant
to this Code for the establishment and operation
of solid waste facilities.
(d) Administrative procedures. Establishment
of solid waste facility overlay zoning on a specific
parcel of land shall be by amendment to the city's
zoning map as provided by this article and pur-
suant to the procedures set forth in section 30-
575. An application for a conditional use permit to
allow a specific solid waste facility, if timely filed
as provided by this article, may be processed by
the city and considered by the city council along
with an application to zone the affected property
into the solid waste facilities overlay district.
(Code 1982, § 900.12(18))
Sec. 30-1835. ME mineral excavation over-
lay district.
(a) Purpose. The purpose of the mineral exca-
vation overlay zoning district is to protect the
public health, safety, and general welfare by pro-
§ 30.1835
viding a specific zoning district for the use of land
for the establishment of mineral excavation oper-
ations and related facilities. Since these uses axe
so unique, the demands upon public services such
as transportation are so intense, and their poten-
tial for causing harm to the environment and to
the public health, safety and general welfare is so
great, a special zoning district is necessary. Min-
eral excavation operations and related facilities
shall not be permitted or conditional uses in any
other zoning district.
(b) Use regulations; effect of overlay zoning.
The mineral excavation overlay district is an
overlay zoning district. Land zoned into the min-
eral excavation district will also remain in its
original zoning district (the underlying zoning
district). All permitted, accessory, conditional, and
interim uses allowed in the underlying zoning
district will continue be allowed on land zoned
into the mineral excavation overlay district, sub-
ject to all restrictions and requirements applica-
ble in the underlying district. In addition to the
uses allowed in the underlying zoning district,
there shall be allowed in the mineral excavation
overlay district the following conditional uses,
subject to all requirements of this Code for the
establishment and operation of such uses:
(1) Mineral excavation operations and re-
lated facilities licensed under chapter 42,
article II, as a conditional use.
(2) Yard waste sites, as an interim use, pro-
vided:
a. The yard waste site use shall termi-
nate ten years from the date of ap-
proval or upon the termination of
the conditional use permit for min-
ingoperations on the property, which-
ever occurs first.
b. The city may require that an escrow
be deposited to ensure that the con-
ditions of the interim use are ad-
hered to.
c. Only yard waste and no other types
of solid waste shall be accepted.
d. The yard waste site shall be located
no closer than 300 feet from any
residentially used property as mea-
Supp. No. i8 CD30:149
§ 30.1835 ELK RIVER CODE
sured from the edge of the nearest (2) Promote the preservation and continued
compost pile to the nearest residen- use of historic sites and structures for the
tially used property. education and general welfare of the peo-
e. The yard waste site shall be enclosed ple of the city; and
by fencing or shall limit vehicular (3) Foster civic pride in the beauty and nota-
and pedestrian access through the ble accomplishments of the past.
use of berms, trees or other means.
f. The site shall be maintained cleanly,
including the immediate removal of
waste materials deposited on or near
the site which cannot be composted.
(c) Dimensional and other regulations; perfor-
mance standards. Dimensional regulations, set-
backs, yard regulations, height regulations, sign
regulations, parking and loading regulations, per-
formance standards, and requirements applicable
in the underlying zoning district shall be applica-
ble in the mineral excavation overlay district,
subject to any additional requirements, regula-
tions, and standards which must be met pursuant
to this Code for the establishment and operation
of mineral excavation operations.
(d) Administratiae procedures. Establishment
of mineral excavation overlay zoning on a specific
parcel of land shall be by amendment to the city's
zoning map as provided by this article and pur-
suant to the procedure set forth in section 30-575.
An application for a conditional use permit to
allow a specific mineral excavation operation, if
timely filed as provided by this article, may be
processed by the city and considered by the city
council along with an application to zone the
affected property into the mineral excavation
overlay district.
(Code 1982, § 900.12(20); Ord. No. 09-03, § 2,
4-20-2009)
Sec. 30-1836. HPS heritage preservation site
overlay district.
(a) Purpose. The purposes of the heritage pres-
ervation site overlay zoning district are to:
(1) Safeguard the heritage of the city by pre-
serving sites and structures which reflect
elements of the city's cultural, social, eco-
nomic, political, visual, or architectural
history;
(b) Effect of overlay zoning. Heritage preserva-
tion site overlay zoning shall be applied to and
superimposed upon all zoning districts contained
in this article and the official zoning map. The
regulations and requirements imposed by heri-
tage preservation site overlay zoning shall be in
addition to those established for the base zoning
districts, which jointly apply. Under the joint
application of standards, the most restrictive re-
quirements shall apply.
(c) Studies and reports by city staff. The city
council may direct the city staff to prepare studies
which catalog buildings, land, areas, districts, or
other objects to be considered for rezoning to the
heritage preservation site overlay district. The
building and zoning administrator shall instruct
the appropriate staff persons to prepare technical
reports where applicable, and provide general
assistance in preparing a recommendation on the
action to the city council.
(d) Standards for establishment of district. The
heritage preservation commission shall recom-
mend to the planning commission that an area,
building, district, or object be rezoned to the
heritage preservation site overlay zoning district
upon determining that such site meets one or
more of the following criteria:
(1) It has character, interest, or value as part
of the development, heritage or cultural
characteristics of the city, the state, or the
United States;
(2) Its location is the site of a significant
historic event;
(3) It has yielded, or is likely to yield, infor-
mation important in prehistory or his-
tory;
(4) It is associated with a person who signif-
icantly contributed to the culture and
development of the city;
Supp. No. 18 CD30:I50
NATURAL RESOURCES
ARTICLE I. IN GENERAL
Secs. 42-1-42-30. Reserved.
ARTICLE II. MINERAL EXCAVATION*
DIVISION 1. GENERALLY
Sec. 42-31. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning;
Extraction license means a license to remove or
extract rock, sand, gravel, clay, silt, soil or other
like material.
Mineral extraction means the removal of rock,
sand, gravel, clay, silt, soil or other like material
from the lead and the removal thereof from the
site. Such extraction may also involve the storage
and processing of the materials on the site.
Minerals means the nonmetallic materials found
in the earth, including, but not limited to, rock,
sand, gravel, clay, silt and soil which may be
covered by overburden.
Oaerburo',en means those materials which lie
between the surface of the earth and the material
to be extracted.
Processing means the crushing, washing, com-
pounding or treating of rock, sand, gravel, clay,
silt or other like material.
Rehabilitation means to renew the land to a
self-sustaining, longterm use which is compatible
with contiguous land uses in accordance with the
standards set forth in this article.
Topsoil means that portion of the overburden
which lies closest to the surface of the earth and
which supports the growth of vegetation.
(Code 1982, § 720.00)
Cross refereace--Definitions generally, § 1-2.
*State law reference-Mineral lands, Minn. Stets. ch.
93.
See. 42-32. Inspections.
§ 42-51
At least once a year, or more often if deemed
necessary, the city shall inspect ali extraction
sites where an extraction license and conditional
use permit have been issued pursuant to this
article and report such findings to the council.
The operator or owner of any extraction operation
found in violation of the requirements of this
article or its extraction license or conditional use
permit shall remedy such violations within the
time specified by written notice from the city.
(Code 1982, § 720.14)
Secs. 42-33--42-:50. Reserved.
DIVISION 2. EXTRACTION LICENSE AND
CONDITIONAL USE PERMIT
Sec. 42-61. License, conditional use permit
and zone change required; excep-
tions.
(a) It shall be unlawful for any person to
excavate and remove from a site rock, sand,
gravel, clay, silt or other like material in the city
without being licensed as provided in this divi-
sion. In addition to being licensed, a conditional
use permit pursuant to chapter 30, article VI,
division 2, subdivision III, and a zone change
pursuant to section 30-1835 shall also be re-
quired.
(b) An extraction license, conditional use per-
mit and zone change shall not be required for any
of the following:
(1) Extraction for the purpose of the founda-
tion, cellar or basement of some immedi-
atelypending superstructure to be erected,
built or placed thereon contemporane-
ously with or immediately following such
extraction, provided that a building per-
mit has first been issued.
(2) Extraction in reliance on and in accor-
dancewith anapproved development plan
or grading plan.
(3) Extraction by the state, county, or city
authorities in connection with construc-
tion or maintenance of roads or highways
CD42:3
§ 42-51 ELK RIVER CODE
or utilities, provided such activity is con- (6) The names of the highways, streets or
ducted within the road or highway right- other public roadways within the city upon
of--way or utility easement. which the material shall be transported.
(4) Curb cuts, utility hookups or street open- (7)
ings for which another permit is required
from the city. Where another license or
permit is not required or obtained, the
extraction license provided for in this di-
vision shall be required.
(5) Extraction less than 100 cubic yards, Such
extractions, however, will be subject to a
staff permit which will address erosion
control, traffic, streets, safety, noise, hours
of operation, duration of activity, and en-
vironmental factors. If these factors can-
not be adequately addressed, the permit
may be denied.
(6) Extractions or grading for agricultural
purposes. Such extractions will require a
staff permit as provided for in this article.
(c) Mineral extraction activities that exceed
100 cubic yards and which will be completed
within two years shall require a conditional use
permit only. A license and zone change will not be (g)
required.
(Code 1982, §§ 720.02, 720.04)
Sec. 42-52. Application.
Application for the extraction license and con- (9)
ditional use permit required by this division shall
be made in writing to the council in the form
specified by the city administrator. The applica-
tion shall contain the following information:
(1) The correct legal description of the land
upon which extraction is proposed.
(2) The name and address of the applicant
and the owner of the land.
(3) The names and addresses of all adjacent
landowners within a 350-foot radius as
obtained from the records of the county
auditor.
(4) The purpose of the proposed extraction.
(5) The estimated time required to complete
the proposed extraction and rehabilita-
tion.
Specifications for the following using ap-
propriate maps, photographs and sur-
veys:
a. The physical relationship of the pro-
posed extraction site to the commu-
nity and existing community devel-
opment.
b. Site analysis information such as
trees, depth of topsoil, adjacent and
on-site buildings and land uses, flood
levels, watercourses, and elevation
and percent slope within 100 feet
beyond the perimeter of the site.
c. The estimated quantity of materials
to be extracted.
d. The depth of water tables through-
out the proposed extraction site.
e. The average thickness of overburden
on the proposed extraction site.
The plan of operation, including process-
ing, if any, the nature of the processing
and equipment, location of the processing
plant, source of water, disposal of water,
reuse of water, and use of explosives.
Plans for drainage, wind and water ero-
sion control, sedimentation and dust con-
trol, maintenance of security on the pro-
posed extraction site, control of access to
open extraction and control of weeds and
unsightly vegetation.
(10) Acomprehensive rehabilitation plan show-
ing suitable provisions for rehabilitation
of the excavated area to a useable condi-
tion compatible with the adjacent land
such that it will not become a health or
safety hazard or a nuisance. Such plan
shall, at a minimum, include anticipated
final elevations, slopes and plans for the
return of vegetation, subsoil and topsoil.
Where the council deems practical and
necessary, such plan shall also include
adjoining related areas where extractions
have previously been made which remain
CD42;4
NATURAL RESOURCES
under the control of the applicant or the
owner of the land on which the extraction
is proposed.
(Code 1982, § 720.06)
Sec. 42-53. Issuance.
(a) Upon referral of the application provided
for in this division from the city administrator,
the council shall evaluate the application in ac-
cordance with the standards and requirements
set forth in this article.
(b) The council shall issue an extraction li-
cense only upon a finding that the proposed
extraction activities will not be dangerous or
otherwise detrimental to persons residing or work-
ing in the vicinity thereof, or to the public health,
safety, or welfare, and will not impair the use,
enjoyment, or value of any neighboring property.
(c) The council, in its discretion, may attach
conditions to protect the public health, safety and
welfare, to avoid traffic congestion or hazard, or to
promote conformity of a proposed use with the
character of adjoining property and uses.
(Code 1982, § 720.08)
Sec. 42-54. Fees.
(a) The applicant or owner of the premises on
which the extraction operation is located shall
annually submit to the council written estimates
of:
(1) The total area of the mineral extraction
operation (expressed in acres) to be ac-
tively mined during the forthcoming year.
(2) The total area for which a conditional use
permit permitting mineral extraction op-
erations has been granted (expressed in
acres) which will not be actively mined in
the forthcoming year.
(b) The council shall, by resolution, establish
an annual per-acre license fee for areas to be
actively excavated and a separate annual per-
acre license fee for areas which will remain inac-
tive. The annual extraction license fee for each
owner or operator shall be determined by apply-
ing the annual per-acre fees established by the
council to the applicant's or operator's estimates
of acreage under active or inactive extraction. If
§ 42-70
the owner or operator becomes aware that the
acreage to be actively mined will exceed his orig-
inal estimate, or if the applicant or owner shall
notify the council immediately of the change, then
the annual extraction license fee shall be adjusted
accordingly and payment of any additional license
fees shall be made immediately,
(Code 1982, § 720.18)
Sec. 42-55. Bond or other security.
The council shall require the applicant or owner
of the premises on which an extraction opexation
is located to post a letter of credit or cash escrow
bond in the sum of $10,000.00 or such other sum
as the wuncil, in its discretion, deems necessary
to protect the public health, safety, or welfare,
running to the city, conditioned to pay the city the
extraordinary cost and expense of repairing, from
time to time, any highways, streets or other
public ways where such repair work is made
necessary by the special burden resulting from
hauling and travel, and removing material from
any pit or extraction, and conducting required
rehabilitation, and conditioned further upon com-
pliance with all the requirements of this article
and the particular extraction license and condi-
tional use permit, and to pay any expense the city
may incur by reason of doing anything required to
be done by any applicant to whom an extraction
license and conditional use permit are issued. The
letter of credit or bond shall remain in full force
and effect for a minimum period of one year after
expiration of the extraction license to guarantee
the required rehabilitation as well as the other
requirements of this article.
(Code 1982, § 720.20}
Sec. 42-56. Term of license.
An extraction license shall run from January 1
through December 31 of the same year, or for a
lesser period of time as the council may specify at
the time of issuance of the extraction license. If
the extraction license is to run for less than a full
year, the extraction license fee shall be prorated
as determined by the council.
(Code 1982, § 720.16)
Secs. 42-67-42.70. Reserved.
CD42:5
§ 42-71
DIVISION 3. STANDARDS AND
REQUIREMENTS
Subdivision I. In General
Sec. 42-71. Scope of division.
ELK RIVER CODE
Sec. 42-76. Fencing.
During extraction operations, access to any
area where collections of water are 1~/z feet in
depth or more, or where extraction slopes are
steeper than one foot vertical to 1~1z feet horizon-
tal, and any other areas where obvious danger to
the public exists shall be controlled by a four-foot-
tall fence with support posts spaced every ten
feet.
(Code 1982, § 720.10(3))
The provisions of this division apply to extrac-
tion operations for which a license and condi-
tionaluse permit aze required by the provisions of
this article.
(Code 1982, § 720.10)
Sec. 42-72. Authority to waive requirements
or impose additional require-
ments.
The council, at the time of issuance of an
extraction license, may waive or modify any of the
provisions in this division or impose additional
requirements if it finds that the plan of operation
or other materials submitted with the application
or other factors make other measures more suit-
able for standards consistent with the public
health, safety and welfare.
(Code 1982, § 720.10(5)(II))
Sec. 42-73. Boundaries of operation.
Extraction operations shall be conducted within
the confines of the extraction site described in the
application.
(Code 1982, § 720.10(1))
Sec. 42-74. Prohibited areas.
Extraction operations shall not be conducted
within the following:
(1) Five feet of the right-of--way of an existing
public utility,
(2) Fifty feet of the boundary of any zone
where such extraction operations are not
permitted.
(3) Thirty feet of the boundary of an adjoin-
ing property which is not being used for
extraction operations.
(Code 1982, § 72010(2))
Sec. 42-76. Site appearance and screening,
duties on termination of opera-
tions.
(a) All machinery shall be kept operational.
(b) Abandoned machinery and rubbish shall be
periodically removed from the extraction site.
(c) Within three months after the termination
of extraction operations or within three months
after the expiration of the extraction license pro-
vided far in this article, the applicant or owner
shall dismantle buildings and structures inciden-
tal to extraction operations and shall grade the
extraction site as well as complete all rehabilita-
tion on the site as provided by the rehabilitation
plan.
(d) When required, the perimeter of the extrac-
tion site shall be planted or otherwise screened.
(e) Existing trees and ground cover shall be
preserved to the maximum extent feasible, main-
tained or supplemented by selective cutting, trans-
plantingand replanting of trees, shrubs and other
ground cover along all setback areas.
(Code 1982, § 720.10(4))
Sec. 42-77. Rehabilitation of site.
(a) Requi»ed. Rehabilitation shall be a continu-
ing process occurring as quickly as possible after
the extraction operation has moved into another
part of the extraction site.
(b) Rehabilitation of slopes. A.ll banks and slopes
shall be rehabilitated in accordance with the
rehabilitation plan submitted with the extraction
license application. No rehabilitation slope shall
be steeper than four feet horizontal to one foot
vertical, except that steeper slopes may be per-
CD42:6
NATURAL RESOURCES
witted in accordance with the rehabilitation plan
when such slopes are .planned for slope-related
uses, including, but not limited to, ski hills and
sliding hills.
(c) Planting ofground cover. Slopes and graded
and backfilled areas shall be surfaced with at
least three inches of topsoil and planted with
ground cover sufficient to contain the soil. Sueh
ground cover shall be tended as necessary until it
is self-sustaining, and shall include trees where
appropriate.
(d) Slopes to water bodies. No slope descending
to a water body shall exceed one foot vertical to
four feet horizontal.
(e) Rehabilitation of water bodies. All water
areas resulting from extraction shall be rehabili-
tated as follows: All standing water bodies shall
either be filled with acceptable fill materials at
the end of each extraction construction season or
preserved in the discretion of the city, consistent
with the public health, safety and welfare.
(Code 1982, § 720.10(6)}
Sec. 42-78. Special requirements.
The council, as a prerequisite to the issuance of
an extraction license or conditional use permit, or
after an extraction license and conditional use
permit have been granted, may require the appli-
cant or owner of the licensed premises to:
(1) Reimburse the city for the cost of periodic
inspections by the city administrator, build-
ing and zoning administrator or other city
employees for the purpose of determining
that the provisions of the extraction li-
cense, conditional use permit and this
article are being followed.
(2) Submit to the council a detailed map of
the highways, streets, roads or other pub-
lic ways within the city upon and along
which the material removed shall be trans-
ported (haul roads). The city shall inspect
the haul roads proposed to be used by the
applicant or owner and shall recommend
to the council necessary upgrading or re-
pairing ofthe haul roads prior to their use
by the applicant or owner. The council
shall designate the haul roads and shall
§ 42-91
incorporate the recommendations of the
responsible city officials in the extraction
license and conditional use permit issued
to the applicant. It shall be the responsi-
bility of the applicant or owner to main-
tain the haul roads in accordance with the
provisions set forth in the extraction li-
cense and conditional use permit. The city
shall periodically inspect haul roads to
ensure compliance with the extraction
license and conditional use permit. Dur-
ing the period of or upon completion of the
extraction operations, the applicant or
owner shall make any necessary repairs
to the haul roads as recommended by the
city. All costs of inspection provided for in
this subsection shall be borne by the ap-
plicant or owner. The use of the haul
roads shall be further subject to any road
and weight restrictions imposed by the
city.
(3) Submit annually in writing to the council
the estimated quantity of minerals to be
extracted. If the quantity of minerals to
be extracted is, for any reason, likely to
exceed the original estimate required in
this article, the applicant or owner shall
notify the council of the change in esti-
mated quantity.
(4) Comply with such other requirements as
the council shall, from time to time, deem
proper and necessary for the protection of
its citizens and the general welfare.
(Code 1982, § 720.12)
Secs. 42-79--42-90. Reserved.
Subdivision II. Operating Standards
Sec. 42.91. Noise.
The maffimum noise level at the perimeter of
an extraction site shall comply with the limits or
standards established by the state pollution con-
trol agency and the United States Environmental
Protection Agency.
(Code 1982, § 720.10(b)(B))
CD42:7
¢ 42-92
Sec. 42-92. Hours of operation.
ELK RIVER CODE
Sec. 42-97. Slopes.
All extraction operations shall be conducted
between 7:00 a.m. and 7:00 p.m., Monday through
Saturday only. The council may restrict extrac-
tion, processing or related operations on legal
holidays if such activities cause noise or other
disturbances offensive to adjacent property own-
ers.
(Code 1982, § 720.10(5)(B))
Sec. 42-93. Explosives.
The use and handling of explosives at the
extraction site shall be coordinated with the po-
licedepartment. Blasting shall occur only at hours
specified in the extraction license.
(Code 1982, § 720.1O(5)(C))
Cross reference--Fire prevention and protection, ch. 22.
Sec. 42-94. Dust.
Extraction operators shall use all practical
means to reduce the amount of fugitive dust
generated by extraction operations. In any event,
the amount of dust or other particulate matter
generated by the extraction shall not exceed air
pollution standards established by the state pol-
lution control agency.
(Code 1982, § 720.10(5)(D))
Sec. 42-95. Water pollution.
Extraction operators shall comply with all ap-
plicable state pollution control agency and depart-
ment of natural resources regulations and all
applicable United States Environmental Protec-
tion Agency regulations for protection of water
quality. No waste products or processed residue,
including untreated washwater, shall be depos-
ited in any public waters of the state.
(Code 1982, § 720.10(5xE))
Sec. 42.96. Topsoil preservation.
All topsoil shall be retained at the extraction
site until the completion of rehabilitation work in
accordance with the rehabilitation plan.
(Code 1982, § 720.10(5)(F))
Cross reference-Waterways, ch. 86.
During the entire period of operations, all
extractions, other than the working face, shall be
sloped on all sides to a maximum ratio of one foot
horizontal to one foot vertical, unless a steeper
slope is approved by the city. Where extractions
are adjacent to a public roadway, other right-of-
way, or waterway, the extraction shall have a
maximum slope of four feet horizontal to one foot
vertical.
(Code 1982, § 72O.10(5)(G))
CD42:8
~OPMENT, PLANNING; ,~ HOiJSING, REDEVELOPMENT, PLANNING § 462.355
stent with the comma- + planning agency. Before adopting the comprehensive municipal plan or any section
I or amendment of the plan, the planning agency shall hold at least one public hearing
s 2008, c. isr, art. 2, § sl, ~ .thereon. A notice of the time, place and purpose of the hearing shall be published
once in the official newspaper of the municipality at least ten days before the day of
the hearing.
Subd. 3. Adoption by governing body. A proposed comprehensive plan or an
ng municipal se~~~ces to ~
~a•mination that all appli- amendment to it may not be acted upon by the governing body until it has received
he agreement have been the recommendation of the planning agency or until 60 days have elapsed from the
1 days of receipt nt the date an amendment proposed by the governing body 'has been submitted to the
~ipal boztrd or its succee- planning agency for its recommendation. Unless otherwise provided by charter, the
resolution antl if ir, find; governing body may by resolution by atwo-thirds vote of all of its members adopt
:onditions of the orclea•1}~ and amend the comprehensive plan or portion thereof as the official municipal plan
nt have been met, shall upon such notice and hearing as may be prescribed by ordinance.
+. The boundary adjust-
ffective upon issuance of
Subd. 4. Interim ordinance. (a) If a municipality is conducting studies or has
nicipal board oa• its sac- authorized a study to be conducted or has held or has scheduled a hearing for the
al board or its successor purpose of considering adoption or amendment of a comprehensive plan or official
.f the boundary adjust- controls as defined in section 462.352, subdivision 15, or if new territory for which
ailed to the secretary of
' plans or controls have not been adopted is annexed to a municipality, the governing
Revenue, state clemog-
nent of 'I~•ansportatinn body of the municipality may adopt an interim ordinance applicable to all or part of
'
cgs under chapter 414 or its jurisdiction. for the purpose of protecting the planning process and the health,
ia•ed to accomplish the safety and welfare of its citizens. The interim ordinance may regulate, restrict, or
:. This section provides prohibit any use, development, or subdivision within the jurisdiction or a portion
+nnexing unincorporated thereof for a period not to exceed one year, from the date it is effective.
gi•o«•th area, unlea5 the
se." (b) If a ro osed interim ordinance ur orts to re late, restrict, or rohibit
P P P P gu P
' activities relating to livestock production, a public hearing must be held following a
once ten-day notice given by publication in a newspaper of general. circulation in the
municipality before the interim ordinance takes effect.
agency shall prepare
the planning agency
(c) The period of an interim ordinance applicable to an area that is affected by a
'
~
her departments and city
s master plan for a municipal airport may be extended for such additional
assist in the develop- periods as the municipality may deem appropriate, not exceeding a total additional
ctivities the planning• ~ Period of 18 months. In all other cases, no interim ordinance may halt, delay, or
of adjacent units of 1 impede a subdivision that has been given preliminary approval, nor may any interim
agency shall periocli- i ordinance extend the time deadline for agency action set forth in section 15.99 with
ar necessary. When ~ respect to any application filed prior to the. effective date of the interim ordinance.
ae plan, the planning The governing body of the municipality may extend the interim ordinance after a
+t a greater than 80 Public'hearing and "written findings have been adopted based upon• one or more of
ust consider adopting the conditions in clause (1), (2), or (3). The public hearing must be held at least 15
nment. days but not more than 30 days before the expiration of the interim ordinance, and
h municipality in the ~ notice of the hearing must be published at ]eaat ten days before the hearing. The
2, shall review and + mterun ordinance may be extended for the following conditions and durations, but,
~ntrols as provided in ~ except as provided in clause (3), an interim ordinance may not be extended more
than an additiona118 months:
'y may, unless other- (1) up to an additional 120 days following the receipt. of the final approval or
municipal charter review by a federal, state, or metropolitan agency when the approval is required by
,
nt from time to time law and the review or approval has not been completed and received by the
aced and adopted in municipality at least 30 days before the expiration of the interim ordinance; '
plan or to a major (2) up to an. additional 120 days following the completion of any other process
;ly may propose the ~ required' by a state statute, federal law, or court order, when the process is not
lion submitted to the completed at least 30 days before the expiration of the interim ordinance; or
5
•4 ~
lq.
§ 462.355 HousING, REDEVELOPMENT, PLANNING ~I
HOUSING, RED
(3) up to an additional one year if the municipality has not adopted a comprehen- '
live plan under this section at the time the interim ordinance is enacted. land on its side
unless a town o~
Laws 1966, c. 670, § 5, eff. Jan. 1, 1966. Amended by Laws 1976, c. 127, § 21, eff. April 3,
1976; Laws 1977, c. 397, § fi8;. Laws 1980, c. 566, § 24; Laws 1983, c. 216, art. 1, § 67; Laws ~ city may thereat
such property u
1985, c. 62, §§ 1, 2, eff. July 1, 1986; Laws 1995, c. 176, § 4; Laws 2004, c. 258, § 1; Laws
2006, c. 41, § 17; Laws 2005, 1st Sp., c. 1, art. 1, § 91; Laws 2008, c. 297, art. 1
i
§ 59
eff board adopts a c
,
i
,
.
July 1, 2008.
Subd. la. Ce
or enforce a zoni
Historical and Statutory Notes ` Sze requir'ernem
2008 Legislation
6, and § 462.356, Subd. 1; and adding tared home par;
park
when const
Lawe 2008, c. 297, art. 1, § 59, in Subd. 1, § 462.357, subds. lh and 9] shall be known as
added the feet sentenc
' ,
requirements:
e. the President Theodore Roosevelt Memorial
.
Laws 2008, c. 297, art. 1, § 62, provided: BiII to Preserve Agricultural, Forest
Wiid- `.
"
Subd. 1b. Ce
,
Sections 56 to 61 [amending §394,23; en- life, and Open Space Land." ~
acting § 394.281; amending § 394
232
s
bd 327.14, subdivisi
t
cti
.
,
u
. ~ cons
ru
on or F
Research References families.
Encyclopedias Treatises and Practice Alds ~ Subd. lc. Ay
subdivision, a rn~
32 Am. Jur. Proof of Facts 3d 4B5, Zoning: 2b Minnesota Practice Series § 10:38, ~'
Proof of Unreasonableness of Interim Zoning for the eliminatic
Common Regulatory Taking Claims.
and Building Moratoria. ~ the time of its in•
adults-only thea+
462.357. Official controls: zoning ordinance Subd. ld. Ni
Subdivision 1. Authorit for zonin . For the ur dse of romotin the ublic ~ I
health safe y g p p p g p
t
l
o
d enforcing an ord
defined in sectioi
y, m
ra
s, an
general welfare, a municipality may by ordinance ~ °•~
regulate on the earth's surface, in the air space above the surface
and in subsurface ~ defined in sectio
,
areas, the location, height, width, bulk, type of foundation, number of stories
size of payment of comp
,
.
buildings and other structures, the percentage of lot which maybe occupied
the sizes
Subd. le. Nc
,
of yards and other open spaces, the density and distribution of population
the uses ; ' nonconformity, it
,
of buildings and structures for trade, industry, residence, recreation, public activi- the time of the
ties, or other purposes, and the uses of land for trade, industry, residence, continued, includ
recreation, agriculture, forestry, soil conservation, water supply conservation, con- provement, but n
servation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct `~ (1) the noncon
sunlight for solar energy systems as defined in section 216C.06, flood control or year; or
other purposes, and may establish standards and procedures regulating such uses.
To accomplish these purposes, official controls may include provision for
urch
f ~ (2) ~•,y noncot
p
~
ase o
development rights by the governing body in the form of conservation easements ~
greater than 50 I
under chapter 84C in areas where the governing body. considers preservation ~ : the county asses:
desirable and the transfer oP development rights from those areas to areas the -}• for within 180 da
governing body considers more appropriate for development.. No regulation may ~ may impose rea:
prohibit earth sheltered construction as defined in section 216C.06, subdivision 14 Yrutigate any nee
,
relocated residential buildings, or manufactured homes built in conformance with ~ nonconforming si
sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated ~: required setback
pursuant to this section. The regulations may divide the surface
above surface
and 50 percent of its
,
,
subsurface areas of the municipality into districts or zones of suitable numbers
~ assessor at the ti
,
shape, and area. The regulations shall • be uniform for each class or kind of '; ble and reasons
buildings, structures, or Iand and for each class or kind of use throughout such
: mitigate created
,
district, but the regulations in one district may differ from those in other districts. p: (b) Any subset
The ordinance embodying these regulations shall be known as the zoning ordinance in
and shall consist of text and maps. A city may by ordinance extend the application •s • g use or occup
impose upon non.
of its zoning regulations to unincorporated territory located within two miles of its } and to protect t
limits in any direction, but not in a county or town which has adopted zoning ;.
regulations; provided that where two or more noncontiguous municipalities.haye prohibit 'a manic
bookstores
adult
boundaries less than four miles apart, each is authorized to control the zoning of i ,
ordinance.
6