99-019 ORD ORDINANCE NO. 99 - 19
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 906 OF THE CITY OF ELK RIVER
CODE OF ORDINANCES ENTITLED "WILD AND SCENIC RIVER
ORDINANCE"
Section 1. Section 906 of the City of Elk River Code of Ordinances shall be amended to
read as follows:
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MISSISSIPPI WILD AND SCENIC RIVER DISTRICT
906 - WILD AND SCENIC RIVER ORDINANCE
SECTION 906.00 - STATUTORY AUTHORIZATION & POLICY
1. Statutory Authorization - This Wild and Scenic River
ordinance is adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapter 103F; Minnesota Rules,
parts 6105.0010 - 6105.0070, 6105.0150 - 6105.0250, 6105.0800 -
6105.0960, 6120.2600 - 6120.3900; and the planning and zoning
enabling legislation in Minnesota Statutes, Chapter 462.
2. Statement of Purpose - The uncontrolled use of shorelands
along the Mississippi River of the City of Elk River, Minnesota
affects the public health, safety, and general welfare not only by
contributing to pollution of public waters, but also by impairing
the local tax base. Therefore, it is in the best interest of the
public health, safety, and welfare to protect and preserve the
outstanding scenic, recreational, natural, historical, and
scientific values of the Mississippi River. The Legislature of
Minnesota has delegated responsibility to local governments of the
state to regulate the subdivision, use, and conservation of the
shorelands of public waters and thus preserve and protect existing
natural, scenic, historical, scientific, and recreational values,
reduce the effects of overcrowding and poorly planned development
of adjacent lands, prevent pollution, preserve natural beauty and
quietude, maintain proper relationships between various land use
types, and prohibit new uses that are inconsistent with the
statewide standards and criteria. The City of Elk River hereby
recognizes this responsibility.
906.02 - GENERAL PROVISIONS AND DEFINITIONS
1. Jurisdiction - The provisions of this Ordinance shall apply
to all lands designated within the Mississippi Wild and Scenic
River District boundaries within the City of Elk River as defined
in Minnesota Rules, parts 6105.0910 and 6105.0950.
2. Compliance - The use of any land within the Mississippi Wild
and Scenic River District; the size and shape of lots; the use,
size, type, and location of structures on lots; the installation
and maintenance of water supply and waste treatment systems; the
grading, filling, or alteration of the natural topography; the
cutting of vegetation; and the subdivision of land shall be in
full compliance with the terms of this ordinance and other
applicable regulations.
3. Enforcement - The City of Elk River is responsible for the
administration and enforcement of this ordinance. A_ny violation
of the provisions of this ordinance or failure to comply with any
of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be
punishable as outlined in Section 900.46 and as defined by
Minnesota Rule and Statutes. Violations of this ordinance can
occur regardless of whether or not a permit is required for a
regulated activity pursuant to Section 906.04(1) of this
ordinance.
4. Interpretation - In their interpretation and application, the
provisions of this ordinance shall be held to be minimum
requirements and shall not be deemed a limitation or repeal of any
other powers granted by Minnesota Statutes.
5. Severability - If any section, clause, provision, or portion
of this ordinance is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this ordinance
shall not be affected thereby.
6. Abrogation and Greater Restrictions - It is not intended by
this ordinance to repeal, abrogate, or impair any existing
easements, covenants, deed restrictions, or land use controls.
However, where this ordinance imposes greater restrictions the
provisions of this ordinance shall prevail. In case of conflict
between a provisions of the Minnesota Wild, Scenic, and
Recreational Rivers Act or Rules, provisions of existing
ordinances, or some other law of this state, the more protective
provision shall apply. All other ordinances inconsistent with
this ordinance are hereby repealed to the extent of the
inconsistency only.
7. Definitions - For the purpose of this ordinance, certain terms
or words used herein shall be interpreted as follows below. For
the purpose of this ordinance, the words ~must" and ~shall" are
mandatory and not permissive. Ail distances, unless otherwise
specified, shall be measured horizontally. Where certain terms
are not defined but are used herein and subject to provisions in
Section 904 of this ordinance, the terms shall be interpreted as
defined in Section 904.
BLUFF: a topographical feature such as a hill, cliff, or
embankment having the following characteristics (an area with an
average slope of less than 18 percent over a distance of 50 feet
or more shall not be considered part of a bluff):
A. Part or all of the feature is located in a shoreland area;
B. The slope rises at least 25 feet above the ordinary high
water level of the waterbody;
C. The grade of the slope from the toe of the bluff to a
point 25 feet or more above the ordinary high water level
averages 30 percent or greater; and
D. the slope shall drain toward the waterbody.
BLUFF IMPACT ZOO: a bluff and land located within 20 feet from
the top of a bluff.
BUILDING LINE: that line measured across the width of the lot at
the point where the main structure is placed in accordance with
setback provisions.
CLEAR-CUTTING: the removal of an entire stand of vegetation.
COMMISSIONER: the Commissioner of the Department of Natural
Resources.
CONDITIONAL USE: a use of land which is permitted only when
allowed by the City of Elk River after a public hearing, if
certain conditions are met which eliminate or minimize the
incompatibility with other permitted uses of the district.
DECK: a horizontal, unenclosed platform with or without attached
railings, seats, trellises, or other features, attached or
functionally related to a principal use or site and at any point
extending more than thirty inches above ground.
DUPLEX, TRIPLEX, AND QUAD: a dwelling structure on a single lot
having two, three, and four units respectively, being attached by
common walls and each unit equipped with separate sleeping,
cooking, eating, living, and sanitation facilities.
DWELLING UNIT: any structure or portion of a structure, or other
shelter designed as short- or long-term living quarters for one or
more persons, including rental or time-share accoramodations such
as motel, hotel, rooms, and cabins.
ESSENTIAL SERVICES: underground or overhead gas, electrical,
steam, or water distribution systems; collection, communication,
supply, or disposal systems, including poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic
signals, hydrants, and other similar equipment and accessories in
conjunction therewith; but not including buildings or transmission
services.
HARDSHIP: as used in conjunction with the granting of a variance
under this ordinance, means the property in question cannot be put
to a reasonable use under the conditions allowed by this
ordinance. Economic considerations alone shall not constitute a
hardship if any reasonable use for the property exists under the
terms of this ordinance.
LAND USE DISTRICT: those lands designated by the commissioner as
the protected land corridor along the Mississippi River which the
commissioner has designated as components of the Minnesota Wild
and Scenic Rivers System.
LOT: a parcel of land designated by plat, metes and bounds,
registered land survey, auditors plot, or other accepted means and
separated from other parcels of portions by said description for
the purpose of sale, lease, or separation thereof.
NONCONFORMING USE: the use of a structure, land, or both, lawfully
in existence on the effective date of this ordinance which does
not conform to the requirements applicable thereto contained in
this ordinance, or which does not conform to provisions of this
ordinance as subsequently amended.
ORDINARY HIGH WATER LEVEL: an elevation delineating the highest
water level which has been maintained for a sufficient period of
time to leave evidence upon the landscape. In areas where the
ordinary high water level is not evident, setbacks shall be
measured from the stream bank of the following water bodies that
have permanent flow or open water: the main channel, adjoining
side channels, backwaters, and sloughs.
PUBLIC WATERS: any waters as defined in Minnesota Statutes,
Section 103G.005, subdivisions 15 and 18.
SELECTIVE CUTTING: the removal of single scattered trees.
SETBACK: the minimum horizontal distance between a structure and
sewage treatment system and the ordinary high water level, top of
a bluff, road, or highway.
SEWAGE TREATMENT SYSTEM: a septic tank and soil absorption system
or other individual or cluster type sewage treatment system as
described and regulated in Section 908.06(8) of this ordinance.
SHORE IMPACT ZONE: land located between the ordinary high water
level of a public water and a line parallel to it at a setback of
50 percent of the structure setback.
SINGLE FAMILY DWELLING: a detached building containing one
dwelling unit.
STRUCTURE: any building, sign, deck, or appurtenance thereto,
except aerial or underground utility lines, such as sewer,
electric, telephone, telegraph, or gas lines, including towers,
poles, and other supporting appurtenances.
SUBDIVISION: land that is divided for the purpose of sale, rent,
or lease, including planned unit development.
VARIANCE: any modification or variation of this ordinance where it
is determined that by reason of exceptional circumstances, the
strict enforcement of an ordinance provision would cause
unnecessary hardship. This shall be evaluated according to
provisions contained in Section 906.04 of this ordinance.
WETLAND: land that is annually subject to periodic or continual
inundation by water and commonly referred to as a bog, swamp, or
marsh.
906.0~ - ADMINISTRATION
1. Permits Required.
A. A permit is required for the construction of structures
or structure additions (and including such related activities
as construction of decks and signs), the installation and/or
alteration of sewage treatment systems, and the grading and
filling of the natural topography. Application for a permit
shall be made to the Building and Zoning Administrator on the
forms provided. The application shall include the necessary
information so that the Building and Zoning Administrator can
determine the site's suitability for the intended use and
that a compliant sewage treatment system will be provided.
B. Permits shall stipulate that any identified
nonconforming sewage treatment system, as defined by Section
906.10 (3) shall be reconstructed or replaced in accordance
with the provisions of this ordinance.
2. Certificate of Zoning Compliance. The Building and Zoning
Administrator shall issue a certificate of zoning compliance for
each activity requiring a permit as specified in 906.04(1) of this
ordinance. This certificate will specify that the use of land
conforms to the requirements of this ordinance. Any use,
arrangement, or construction at variance with that authorized by
permit shall be deemed a violation of this ordinance and shall be
punishable as provided in Section 906.02(3) of this ordinance.
3. Certification.
A. Certain land use decisions which directly affect the
use of land within the designated land use districts and
involve any of the following actions must be certified by the
commissioner as described in Section 906.04(4):
i. Adopting or amending an ordinance regulating the
use of land, including rezoning of particular tracts of
land.
ii. Granting a variance from a provision of this
ordinance that relates to the zoning dimension
provisions of this ordinance.
iii. Approving a plat that is inconsistent with this
ordinance.
B. No such action shall be effective until the
commissioner has certified that the action complies with the
Minnesota Wild and Scenic Rivers Act, the statewide standards
and criteria, and the management plan.
4. Certification Procedure.
A. A copy of all notices of any public hearings, or where
a public hearing is not required, a copy of the application
to consider zoning amendments, variance, or inconsistent
plats under this ordinance shall be sent so as to be received
by the commissioner at least 30 days prior to such hearings
or meetings to consider such actions. The notice or
application shall include a copy of the proposed ordinance or
amendment, or a copy of the proposed inconsistent plat, or a
description of the requested variance.
B. The City of Elk River shall notify the commissioner of
its final decision on the proposed action within ten days of
the decision.
C. The commissioner shall, no later than 30 days from the
time he receives notice of the final decision, communicate
either certification of approval, with or without conditions,
or notice of nonapproval.
D. The action becomes effective when and only when either:
i. The final decision taken by the City of Elk River
has previously received certification of approval from
the commissioner; or,
ii. The City of Elk River receives certification of
approval after its final decision; or,
iii. Thirty days have elapsed from the day the
commissioner received notice of the final decision, and
the City of Elk River has received from the
commissioner neither certification of approval nor
notice of nonapproval; or,
iv. The commissioner certifies his approval after
conducting a public hearing.
E. In case the commissioner gives notice of nonapproval of
an ordinance, amendment, variance, or inconsistent plat,
either the applicant or the City of Elk River may within 20
days of said notice, file with the commissioner a demand for
hearing. If the demand for hearing is not made within 30
days, the notice of nonapproval becomes final.
i. The hearing will be held in an appropriate local
community within 60 days of the demand and after at
least two weeks' published notice.
ii. The hearing will be conducted in accordance with
Minnesota Statutes, Section 103G.311, subdivisions 2,6,
and 7.
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iii. The commissioner shall either certify his approval
or deny the proposed action within 30 days of the
hearing action.
Amendments.
A. Requests for amendments of this ordinance may be
initiated by a petition of affected property owners, the
planning commission, or by action of the City of Elk River.
An amendment not initiated by the planning commission shall
be referred to the planning commission for study and report
prior to action by the City of Elk River.
B. An application for an amendment shall be filed with the
Building and Zoning Administrator.
C. Upon receipt in proper form of the application and
other requested materials, a public hearing shall be
conducted in the manner prescribed by Minnesota Statutes.
Following the public hearing, the City of Elk River may adopt
the amendment in the manner prescribed by Minnesota Statutes.
D. Certification from the commissioner must be obtained as
specified in Sections 906.04 (3) and (4) of this ordinance
before the proposed amendment or rezoning becomes effective.
Variances.
A. Variances may be considered for deviations from the
strict application of the standards set forth in this
ordinance. Variances may only be granted in accordance with
Minnesota Statutes, Chapter 462 and if the following
conditions are present:
i. The strict enforcement of the land use controls
will result in unnecessary hardship.
ii. Granting of the variance is not contrary to the
purpose and intent of this ordinance and is consistent
with Minnesota Rules, parts 6105.0800 - 6105.0960.
iii. There are exceptional circumstances unique to the
subject property which were not created by the
landowner.
iv. Granting of the variance will not allow any use
that is neither a permitted or conditional use in the
land use district in which the subject property is
located.
v. Granting of the variance will not alter the
essential character of the locality.
B. Conditions may be imposed in the granting of a variance
to ensure compliance and to protect adjacent properties and
the public interest.
C. Additional Standards for Nonconforming Sewage Treatment
Systems. For existing developments, the application for a
variance shall clearly demonstrate whether a conforming
sewage treatment system is present for the intended use of
the property. The variance, if issued, shall require
reconstruction of a nonconforming sewage treatment system.
D. The Board of Adjustment shall hear and decide requests
for variances in accordance with the rules that it has
adopted for the conduct of business. Ail granted variances
to the requirements of this ordinance must be certified in
accordance with Sections 906.04(3) and (4) of this ordinance
before they become effective.
7. Plats.
A. Copies of all plats within the Mississippi Wild and
Scenic River District shall be forwarded to the commissioner
within ten days of approval by the City of Elk River.
B. Approval of a plat which is inconsistent with this
ordinance is permissible only if the detrimental impact of
the inconsistency is more than overcome by other protective
characteristics of the proposal.
C. Ail inconsistent plats approved by the City of Elk
River must be certified in accordance with Sections 906.04
(3) and (4) of this ordinance.
8. Conditional Use Permit Application Review by DNR. A copy of
all notices of any public hearing, or where a public hearing is
not required, a copy of the application to consider issuance of a
conditional use permit shall be sent so as to be received by the
commissioner at least 30 days prior to such a hearing or meeting
to consider issuance of a conditional use permit. Additional
evaluation criteria and conditions from Section 904.08(7) shall be
considered in evaluating conditional use permit requests. A copy
of the decision shall be forwarded to the commissioner within ten
days of such action.
906.06 - WILD AND SCENIC RIVER LAND USE DISTRICT
1. Wild and Scenic River Designation and Boundaries.
A. In order to preserve and protect the Mississippi River
and its adjacent lands which possess outstanding scenic,
recreational, natural, historical, scientific, and similar
values, the Mississippi River in the city of Elk River has
been designated as a Wild and Scenic River District, the
boundaries of which are based on the Mississippi River rule,
Minnesota Rules, parts 6105.0910 and 6105.0950.
B. The boundaries of the Mississippi Wild and Scenic River
District are shown on the map as designated as the City of
Elk River Official Zoning Map, which is made a part of this
ordinance and is on file with the zoning administrator. In
case of conflict between the Zoning Map and the property
descriptions in Minnesota Rules, the former shall prevail.
Mississippi Wild and Scenic River Overlay District.
A. Overlay Concept - The Mississippi Wild and Scenic River
District for the City of Elk River shall be treated as an
Overlay District. All Permitted, Accessory, Conditional, and
Prohibited Uses as specified by the applicable underlying
Zoning District shall apply, except that marinas and
extractive uses are prohibited. The development of public or
private recreational facilities shall conform to the design
specification guidelines in Minnesota Rules, part 6105.0940.
These underlying districts are shown on the Zoning Map, and
the uses are described in Section 900.12 of the Zoning
Ordinance. In addition, land use patterns within the
Mississippi Wild and Scenic River District shall be
consistent with the City of Elk River's Growth Management
Plan.
B. Rezoning - In reviewing proposals to rezone any land
underlying the Mississippi Wild and Scenic River Overlay
District, the City shall assure that the proposed Zoning
District is consistent with Section 906.00 (2) and the
criteria, considerations, and objectives in Section 904.06
(2) (c) of this ordinance. Rezoning must be certified in
accordance with Section 906.04 of this ordinance.
906.08 - ZONINO AND WATER SUPPLY/SANITARY PROVISIONS
1. Lot Area and Width Standards. The following standards shall
apply to the Mississippi Wild and Scenic River District listed in
Section 906.06. Where the requirements of the underlying zoning
district as shown on the Official Zoning Map are more restrictive
than those set forth herein, the more restrictive standards shall
apply. The lot area (in square feet) and lot width standards (in
feet) for single, duplex, triplex, and quad residential lots
created after the date of enactment of this ordinance shall be as
follows:
A. Unsewered Areas in the Mississippi Wild and Scenic
River District
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 2~ acres 100 ft. 2~ acres 150 ft.
B. Other Sewered Areas in the Mississippi Wild and Scenic
River District.
Riparian Lots
Area(sq.fto)
Width
Nonriparian Lots
Area (sq.ft.) Width
Single 15000 75 10000 75
Within Section 33 and 34, Township 33N, Range 26W
Single 20000 100 10000 75
Duplex 26000 135 17500 135
Triplex 38000 195 25000 190
Quad 49000 255 32500 245
C. Additional Special Provisions.
i. Only land above the ordinary high water level of
public waters may be used to meet lot area standards,
and lot width standards shall be met at both the
ordinary high water level and at the building line.
ii. The sewered lot area and lot width dimensions in
Section 906.08(1) may only be used if publicly owned
sewer system is available to the property.
iii. Residential subdivisions with dwelling unit
densities exceeding those in the tables in Section
906.08(1) may only be allowed if designed and approved
as residential planned unit developments under Section
906.14 and Section 900.12 of this ordinance.
iv. Lots intended as controlled accesses to pubic
waters or as recreation areas for use by only the
owners of nonriparian lots within subdivisions are
permissible and shall meet or exceed the standards of
Section 904.08(1) (d)ii.
Placement, Design, and Height of Structures.
A. Placement of Structures on Lot. When more than one
setback applies to a site, structures and facilities shall be
located to meet all setbacks. Structures shall be located as
follows:
i. Structure and On-site Sewage System Setbacks (in
feet) from Ordinary High Water Level in Mississippi
Wild and Scenic River District.
Setbacks in Sec. 33 & 34, T33N, R26W
Structures
Unsewered Sewered
75 ft. 50 ft.
Sewage Treatment
System
50 ft.
Setbacks in Wild and Scenic River District not in Sec.
33 & 34, T33N, R26W
Structures
Unsewered Sewered
100 ft. 100 ft.
Sewage Treatment
System
50 ft.
ii. Additional structure setbacks shall be subject to
the requirements set forth in Section 904.08(2) (a)ii-
iv. Any reference to the normal structure setback in
these provisions shall be in accordance with the
setbacks contained in Section 906.08(2) (a)i.
iii. Where structures exist on the adjoining lots on
both sides of a proposed building site, and if the lot
does not meet the minimum lot width requirements of
this ordinance and if the proposed building site is not
located in a shore impact zone or in a bluff impact
zone, structure setbacks may be altered without a
variance to conform to the adjoining setbacks from the
ordinary high water level.
B. Design criteria and height for structures shall be
subject to Section 904.08(2) (b) and (c) of this ordinance.
Any reference to the normal structure setback in these
provisions shall be in accordance with the setbacks contained
in Section 906.08(2) (a)i.
3. Shoreland Alterations. Alterations of vegetation and
topography will be regulated to prevent erosion into public
waters, fix nutrients, preserve aesthetics, preserve historic
values, prevent bank slumping, and protect fish and wildlife
habitat.
A. Vegetation Alterations. These vegetative cutting
provisions shall apply to those areas within structure
setbacks from the ordinary high water level and top of the
bluff specified in Section 906.08(2) (a)i. and ii.
io General provisions, within these setback areas:
a. Clear-cutting, except for any authorized
public services such as roads and utilities, shall
not be permitted.
b. Selective cutting of trees in excess of four
inches in diameter at breast height is permitted
provided a continuous tree cover is maintained,
uninterrupted by large openings, and cutting is
spaced in several cutting operations.
c. The cutting provisions of a. and b., shall
not be deemed to prevent:
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(1) The removal of diseased or insect-
infested trees, or of rotten or damaged
trees that present safety hazard.
(2) Pruning understory vegetation, shrubs,
plants, bushes, grasses, or from harvesting
crops, or cutting suppressed trees or trees
less than four inches in diameter at breast
height.
ii. Clear-Cutting. Clear-cutting anywhere in the
Mississippi Wild and Scenic River District is subject
to the following standards and criteria:
a. Clear-cutting shall not be used as a cutting
method where soil, slope, or other watershed
conditions are determined by the Building and
Zoning Administrator to be fragile and subject to
injury, severe erosion, or sedimentation.
b. Clear-cutting shall be conducted only where
clear-cut blocks, patches, or strips are, in all
cases, shaped and blended with the natural
terrain.
c. The size of clear-cut blocks, patches, or
strips shall be kept at the minimum necessary.
d. Where feasible, all clear-cuts shall be
conducted between September 15 and April 15. If
natural regeneration will not result in adequate
vegetative cover, areas in which clear-cutting is
conducted shall be replanted to prevent erosion
and to maintain the aesthetic quality of the area.
Where feasible, replanting shall be performed in
the same spring, or the following spring.
Topographic Alterations/Grading and Filling/Alterations
of the Beds of Public Waters.
i. Grading and filling of the natural topography
which is not accessory to a permitted or conditional
use shall not be permitted.
ii. Grading and filling of the natural topography
which is accessory to a permitted or conditional use
shall not be conducted without a grading and filling
permit from the Building and Zoning Administrator.
grading and filling permit may be issued only if the
following conditions are properly satisfied:
A
a. Grading and filling shall be performed in a
manner that minimizes earthmoving, erosion, tree
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clearing, and the destruction of natural
amenities.
bo The smallest amount of bare ground is
exposed for as short a time as feasible.
c. Temporary ground cover, such as mulch, is
used and permanent ground cover, such as sod, is
planted.
d. Methods to prevent erosion and trap sediment
are employed.
e. Fill is stabilized to accepted engineering
and erosion control standards.
iii. Excavation of material from, or filling in a Wild,
Scenic, or Recreational River, or construction of any
permanent structures or navigational obstructions
therein is prohibited unless authorized by a permit
from the commissioner pursuant to Minnesota Statutes,
Section 103G.245. Section 103G.245 requires a permit
from the commissioner before any change is made in the
course, current, or cross-section of public waters.
iv. Drainage or filling in of wetlands is not allowed
within the Mississippi Wild and Scenic River District.
Utility Transmission Crossings.
A. Ail utility crossings of the Mississippi River or state
lands within the Mississippi Wild and Scenic River District
require a license from the commissioner pursuant to Minnesota
Statutes, Section 84.415.
B. Ail utility transmission crossings constructed within
the Mississippi Wild and Scenic River District shall require
a conditional use permit. The construction of such
transmission services shall be subject to Minnesota Rules,
parts 6105.0170 and 6105.0180. No conditional use permit
shall be required for high voltage transmission lines under
control of the Environmental Quality Board pursuant to
Minnesota Statutes, Section 116C.61.
Placement and Design of Roads, Driveways, and Parking Areas
A. In addition to such permits as may be required by
Minnesota Statues, Section 103G.245, a conditional use permit
shall be required for any construction or reconstruction of
public roads within the Mississippi Wild and Scenic River
District. Such construction or reconstruction shall be
subject to Minnesota Rules, parts 6105.0190 and 6105.0200.
B. Public roads include township, county, and municipal
roads, streets, and highways that were or are designed to
serve flows of traffic between communities and other traffic
generating areas. A conditional use permit is not required
for minor public streets that are streets intended to serve
primarily as an access to abutting properties.
C. Public and private roads and parking areas shall be
designed to take advantage of natural vegetation and
topography to achieve maximum screening from view from public
waters. Documentation shall be provided by a qualified
individual that all roads and parking areas are designed and
constructed to minimize and control erosion to public waters
consistent with the field office technical guides of the
local soil and water conservation district, or other
applicable technical materials.
D. Roads, driveways, and parking areas shall meet
structure setbacks and shall not be placed within bluff and
shore impact zones.
6. Stormwater Management. The general and specific standards of
Section 904.08(5) of this ordinance shall be met.
7. Special Provisions for Commercial, Industrial, Pubic,
Semipublic, Agricultural, Forestry, and Mining of Metallic
Minerals and Peat. These uses shall be subject to the standards
set forth in Section 904.08(6) of this ordinance.
8. Water Supply and Sewage Treatment
A. Water Supply - Any public or private supply of water
for domestic purposes shall meet or exceed standards for
water quality of the Minnesota Department of Health and the
Minnesota Pollution Control Agency.
B. Sewage Treatment - Any premises used for human
occupancy shall be provided with an adequate method of sewage
treatment which meets all of the requirements set forth in
Section 904.08(8), except that on-site sewage treatment
systems shall be set back from the ordinary high water level
in accordance with the setbacks contained in Section
906.08(2) (a) of this ordinance.
SECTION 906.10 - NONCONFORMING USES
Ail legally established nonconforming uses as of the date of this
ordinance may continue, but they will be managed according to
applicable state statutes and other regulations of the City of Elk
River for the subjects of alterations and additions, repair after
damage, discontinuance of use, and intensification of use; except
that the following standards will also apply in the Mississippi
Wild and Scenic River District;
1. Construction on Nonconforming Lots of Record.
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A. Lots of record in the office of the county recorder on
the date of enactment of local controls that do not meet the
requirements of Section 906.08(1) of this ordinance may be
allowed as building sites without variances from lot size
requirements provided the use is permitted in the zoning
district, the lot has been in separate ownership from
abutting lands at all times since it became a substandard,
was created compliant with official controls in effect at the
time, and sewage treatment and setback requirements of this
ordinance are met.
B. If setback requirements cannot be met, a variance shall
be obtained and certified in accordance with Section 906.04
before any use, sewage treatment system, or building permit
is issued for a lot. In evaluating the variance, the Board
of Adjustment shall consider prerequisites for a variance,
sewage treatment and water supply capabilities, or
constraints of the lot and shall deny the variance if
adequate facilities cannot be provided.
C. If, in a group of two or more contiguous lots under the
same ownership, any individual lot does not meet the
requirement of Section 906.08(1) of this ordinance, the lot
shall not be considered as a separate parcel of land for the
purposes of sale or development. The lot shall be combined
with the one or more contiguous lots so they equal one or
more parcels of land, each meeting the requirements of
Section 906.08(1) of this ordinance as much as possible.
Additions/Expansions to Nonconforming Structures
A. Ail additions or expansions to the outside dimensions
of an existing nonconforming structure shall meet the
setback, height, and other requirements of Section 906.08 of
this ordinance. Any deviation from these requirements shall
be authorized by a variance pursuant to Section 906.04.
B. Deck additions may be allowed without a variance to a
structure not meeting the required setback from the ordinary
high water level if all of the following criteria and
standards are met:
i. the structure existed on the date the structure
setbacks were established;
ii. a thorough evaluation of the property and
structure reveals no reasonable location for a deck
meeting or exceeding the existing ordinary high water
level setback of the structure;
iii. the deck encroachment toward the ordinary high
water level does not exceed 15 percent of the existing
setback of the structure from the ordinary high water
level or does not encroach closer than 30 feet,
whichever is more restrictive; and,
iv. the deck is constructed primarily of wood, and is
not roofed or screened.
3. Nonconforming Sewage Treatment Systems.
A. A sewage treatment system not meeting the requirements
of Section 906.08(8) of this ordinance shall be upgraded, at
a minimum, at any time a permit or variance of any type is
required for any improvement on, or use of, the property.
For the purposes of this provision, a sewage treatment system
shall not be considered nonconforming if the only deficiency
is the sewage treatment system's improper setback from the
ordinary high water level.
906.12 - SUBDIVISION/PLATTING PROVISIONS
Each lot created through subdivision including planned unit
developments authorized under Section 906.14 of this ordinance,
shall be subject to the requirements set forth in Section 904.12
of this ordinance. In areas not served by publicly owned sewer
and water systems, a subdivision will not be approved unless
domestic water supply is available and a sewage treatment system
consistent with Section 906.08(2) and (8) can be provided for
every lot. Each lot shall meet the minimum lot size and
dimensional requirements of Section 906.08(1) including at least a
minimum contiguous lawn area, that is free of limiting factors
sufficient for the construction of two standard soil treatment
systems.
SECTION 906.14 - PLANNED UNIT DEVELOPMENTS (PUDs)
1. Types of PUDs Permissible - Planned Unit Developments (PUDs)
are allowed for new projects on undeveloped land, redevelopment of
previously built sites, or conversions of existing buildings and
land.
2. Processing of PUDs - Planned unit developments shall be
processed as a conditional use pursuant to Sections 900.12 and
906.04(8) of this ordinance. Approval cannot occur until the
environmental review process (EAW/EIS) is complete.
3. Standards - Residential PUDs shall be subject t the
requirements set forth in Section 904.14(3)-(5) and Commercial
PUDs shall be subject to the requirements set forth in Section
904.14(3), (4), and (6). Both Residential and Commercial PUDs
shall also be subject to the following:
A. On-site sewage treatment systems shall be set back from
the ordinary high water level in accordance with the setbacks
contained in Section 906.08(2) (a) of this ordinance.
B. The development of recreational facilities shall
conform to the design specification guidelines in Minnesota
Rules, part 6105.0940.
C. In addition to any requirements for preservation of
vegetation in open space areas by permanent means, the
provisions of Section 906.08(3) shall minimally be met.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Pa~ed and adopted by the City Council of the City of Elk River this o?/~'/dday of
ff.~--,.,~ ,1999.
tephlanie . linzing, M~r
ATTEST:
Sandra A. Peine, Clerk
\~lkriv er~y sXst~rdoc\b&z~stever~c aptain.doc
Mfidavit of Publication
RESOLlJTl()N\$J9953; ,un;. ,.7\J;
~RESOLU'J.'IOl'JQFrnECI'fY
. . ',' OF EltJ{~R:<,., '
A RESOLU'l'ION APPROVING
NOTICE OF PlJl;lLlO.<\TION OF
OFFICIAL S~Y()FORDl'
N~CE 99.19,.<\N ORDIN.<\NCE
4MENDING,SEOTlON 1)06 OF
TIIECITY OF ELK J:UV]ilROODE
OF ORDIN.<\NC:ESENTI'l'LED
''WIf,J>ANDSOENICIpVEJR
.. ORDIN~OE""f"
WHEREAS, the City; Council of tl:1e
City of\EI~ River hf\~ a,d,opted an ordi-
nance pursuant to :whicl:1 Section 906
of the City of EljxRiver Codll of
Ord,ina.:nces, )'Wild .and Scenic River
Ma.:na,gementOrd,ira.nce'" has been
repeaied and a new il>ei;tion 906 adopt-
ed in lieu thereof, entitled "Wild. a,nd
Scenic River Ordinance; and.
WHRREAS,tl:1e followin,g is a sum-
mf\!:y of new Sei;tioIl 906 a,s a.d,opted, in
Ordinance No. 99-19: .
1. The ordinf\nctjsets fortl:1 a. state-
me:nt ofpUrpOSll 'to protei;~lj.nd, pre-
servl'! thl'!scenii;, fecrelj.tion,.a.l.inf\t\lra.l,
hililto~ica.l,a,:nd scientific va.!uel> of tl:1e
Mississippi River.
:2,TI:111 qrd,illance sets riewgeneral
provisions.and definitiqnswhich a.pply
to all lands del>ignatedwithin the.
Mississippi.W\14 an4., Sce.iiic,lUv~r r
Districtboqnd,aries withiu the Cliyqf I
Elk River. . ..' ...... ,..!
3. The ordinance;rllquirespermits'
for the COnstruction. of structure or
structure add,itiol1s, decks, signs, the,
installation/alteration .of sewage treat-
mentsystems, and t~e gradinglj.nd,
filling of the natural ytopographY,for, i
any property. located within the.'
Mississippi. WH4 and Scenic Riyer t
pistrict boun,da.ries ,within the City of .
Elk River. The ordil1an,ce provides for
permitti:ng. requireme:nts.
4. . .TheqrdiJla.:nceiequires land" use
dtjeiIil10l1I>, (i,e." ordi)1.anell am'end.
ments/adoptions, 'variances,' ' plat
approvals) which directly <iffect the
use ofla.nd .within the d,esig:na.tedJand
~se. dis~Fii;tlil.py.tnll'i;?l1'l.;,.;
~iEl.l>i()nerJ''l' .. ..pYoyi4tj~for\
cep;i'tiell,ti()I1"dpXtiEl&l(brtjq~ire' \
l1'l.tj>;n.,; " .... .....,
" fi. Ql'liiIlitllce. desigJla~elil the
Mis pi B:i.ver and.. itl>lj.djaceIlt
lai) . ityofEl\liRiYer a.1illj. Wild
a.nd lOtI" '
. flY ...!l..or .in!'i-a.ri,..il
da.rd,ij'f(jrtb:e-;fpll
a. Lot area. lj.l)d,wil4h, . ..... . . ". ..' " . '.. ." . '. .
b. Water suppl:y a.nd, sanitlj.I?' provi.
sions' . " ,
c. Placement, llelilignlj.n,d, heigh,t of
structures '
d. Shoreland alterations
e. Vegeta.tion altera.tions
f. Topographic alterations relating to
grading and filling and the alterations
l)f tl:1ebl'!ds of public Wa.ters
g. Utility. Transmission Crossings
h. Placement a.nd design, or roa.d,s,
drivewa.YI> a.:nd parking areas:
7. The ordina.ncesets provisions for .
non.confonning \lses.
8. The ordina.nce sets forth subdivi-
sion and platting provisions. '
9. The ordinance sets forth Planned
V:nit Development (PUD) provisions.
WHER~AS, a copy of the entire text
of this ordinance is available for
inspection by any person in the office
of the City Clerk at City hall and at
the Elk. River Public Libra.ry; an,d
WH'EREAS, tl:1e cou:ncil a.pprovesthe
text of tl:1e summary ofOrd,inance99-
19 and has determined that it clea.rly
ilrl'!}rmll. ;th.e
entire or Inane , , '
Min.nesota Law." ~ ' .' ." I
Passed and, adopted by the Elk River '
City Council this 12th day of JU:ly,
1999.
Stephanie A. Klinzig, Ma.ypr
ATTEST: . . ,
Slj.l}drlj.A. P.e~:ne, City Clerk.
(Jy21)
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~A\1ilbc-1.n t1Qvr, ~
being duly sworn, on oath says that he/she is the publisher or
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, 331A07, and other applicable
laws. as amended. n ^ ",...,\ 1. ' qo - ~3'
(B) The printed ~_ l~ 1\ <Jr-\ I 0
which is attached was cut from the columns of said newspaper.
and was printed and published once each week, for \ suc-
cessive weeks; it was first published on Wednesday. the a \ ~
day of ::\~ 1 \~ .19_, and was thereafter
printed and publ shed on every Wednesday to and including
Wednesd'ay, 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.
BY:
TITLE'
day of
RATE INFO
(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 $
)J