99-026 ORD ORDINANCE NO. 99 - 26
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.12
OF THE CITY CODE OF ORDINANCES ENTITLED
"PERMITTED, ACCESSORY, AND CONDITIONAL
USES BY DISTRICT"
Section 1. Section 900.12 of the City of Elk River Code of Ordinances is
amended by adding a Heritage Preservation Site Overlay Zoning District as
follows:
21. HPS - Heritage Preservation Site Overlay Zoning District,
STATEMENT OF PURPOSE: The purposes of the Heritage Preservation
Site overlay zoning district are to: (1) Safeguard the heritage of
the City by preserving sites and structures which reflect elements
of the City's cultural, social, economic, political, visual, or
architectural history; (2) Promote the preservation and continued
use of historic sites and structures for the education and
general welfare of the people of the City; and (3) Foster civic
pride in the beauty and notable accomplishments of the past.
A. Uses Heritage Preservation Site Overlay Zoning shall be
applied to and superimposed upon all zoning districts
contained herein as existing or amended by the zoning
ordinance text and official zoning map. The regulations and
requirements imposed by Heritage 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 requirements
shall apply.
B. Reports 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.
C. Standards The Heritage Preservation Commission shall
recommend 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:
i. It has character, interest, or value as part of
the development, heritage or cultural characteristics
of the City of Elk River, State of Minnesota, or the
United States;
ii. Its location is the site of a significant historic
event;
iii. It has yielded, or is likely to yield, information
important in pre-history or history;
iv. It is associated with a person or persons who
significantly contributed to the culture and
development of the City;
v. It embodies distinctive characteristics of an
architectural style, period, form, or treatment;
vi. It represents the work of an architect or master
builder whose individual work has influenced the
development of the City of Elk River;
vii. It embodies elements of architectural design,
detail, materials, or craftsmanship which represent a
significant architectural innovation; or
viii. Its unique location or singular physical
characteristics represents an established and familiar
visual feature of a neighborhood, community, or the
City of Elk River.
D. Communications with Minnesota Historical Society: A
copy of the Heritage Preservation Commission's recommendation
on a proposed Heritage Preservation Site, including
boundaries, and a program for the preservation of the
Heritage Preservation Site, shall be sent to the Minnesota
Historical Society in accordance with Minnesota Statutes
471.193, Subd. 6.
E. Review of Permits:
i. Permit: A Heritage Preservation Site Alteration
Permit is required to do any of the following in, on,
or to a structure on property located within a Heritage
Preservation Site Overlay Zoning District in the City:
a. Remodel, alter, repair in any kind or
manner, that will alter the exterior appearance of
a historic building, site, or landmark.
b. Erect a building or any structure.
c. Erect signs.
d. Demolish any building in whole or in part.
This does not apply to structures required to be
demolished in accordance with Minnesota Statutes,
Chapter 463.
e. Alter or remove a land form in whole or in
part.
The application for a Site Alteration Permit shall
be accompanied by detailed plans including a site
plan, building elevations and design details, and
materials necessary to evaluate the request. The
City Council shall make the determination whether
to approve or disapprove the permit.
ii. Reports: 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.
iii. Heritage Preservation Commission Recommendation:
The Heritage Preservation Commission shall review each
application and make its recommendation to the City
Council relative to the request for a Heritage
Preservation Site Alteration Permit.
iv. Criteria for Heritage Preservation Site Alteration
Permit: The City Council shall approve, disapprove,
and/or impose conditions on a Heritage Preservation
Site Alteration Permit after consideration of the
Heritage Preservation Commission's program for
preservation and the Secretary of Interior's Standards
for Rehabilitation, as revised and, if applicable, the
recommendation of the Planning Commission.
v. Findings: The City Council shall make findings as
to whether a site alteration permit application should
be approved or disapproved, or conditions imposed, as
determined by the criteria specified in Paragraph iv.
of this subdivision.
vi. Hearings: Prior to the City Council making its
decision regarding an application for a Site Alteration
Permit for a Heritage Preservation Site, the City
Council shall hold a public hearing on the application.
Prior to such hearing the City Council shall cause to
be published in a newspaper of general circulation
notice of the hearing at least ten (10) days prior to
the date of hearing. Notice of the hearing shall be
sent to all property owners within three hundred fifty
(350) feet of the site of the proposed Heritage
Preservation Alteration.
vii. Limitations: An application for a Site Alteration
Permit shall be acted on by the City Council within 60
(sixty) days. If the Heritage Preservation Commission
can not make a recommendation of approval or
disapproval to the City Council within this time frame,
the application shall be forwarded to the City Council
for approval or disapproval of the permit without the
Heritage Preservation Commission's recommendations.
F. Emergency Repair: In emergency situations where
immediate repair is needed to protect the safety of the
structure and its inhabitants, the Building Official shall
have the authority to enforce the Elk River Building Code,
and may approve the repair without prior Heritage
Preservation Commission or City Council action.
G. Repository for Documents: The office of the City Clerk
is designated as the repository for at least one copy of all
studies, reports, recommendations, and programs required
under this Section.
H. Administrative Procedure: Establishment of Heritage
Preservation Site Overlay Zoning on a specific parcel of land
shall be by amendment to the City's Zoning Map as provided by
this Zoning Ordinance and pursuant to the procedure set forth
in Section 900.44 hereof. The Heritage Preservation
Commission shall make findings as to whether a proposed
Heritage Preservation Site is eligible for Heritage
Preservation Site Overlay Zoning as determined by the
standards specified in Paragraph C of this subsection. If
the Heritage Preservation Commission determines the site
meets the standards in Paragraph C, it shall forward its
findings to the Planning Commission with its recommendation
that the site be designated for Heritage Preservation Site
Overlay Zoning and its proposed program for the preservation
of the site.
Planning Commission Recommendation:
The Planning Commission shall recommend approval, rejection,
or modification of the proposed rezoning to the City Council.
Such recommendation shall be based upon, but not limited to,
the following factors:
i. The provisions of Section 900.44 of this Chapter.
ii. Any other planning consideration which may be
relevant to the proposed rezoning upon the surrounding
neighborhood.
iii. Any other planning consideration which may be
relevant to the proposed rezoning. The Planning
Commission may make such modifications, changes, and
alterations to the proposed rezoning as it deems
necessary in its recommendation to the City Council.
Section 2. That this ordinance shall take effect upon publication as provided
by law.
Passed and adopted by the City Council of the City of Elk River this 19 day
of July ,1999.
ATTEST:
~andra A. Peine, City Clerk
f: \ shrdoc \ document \ ordinanc \ hps.doc
RESOLUTION 99 - 56
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF
OFFICIAL SUMMARY OF ORDINANCE 99- 26 ., AN ORDINANCE
AMENDING SECTION 900.12 OF THE ELK RIVER CITY CODE OF
ORDINANCES ENTITLED PERMITTED, ACCESSORY, AND
CONDITIONAL USES BY DISTRICT
WHEREAS,
the City Council of the City of Elk River has adopted an
ordinance pursuant to Section 900.12 of the City Code of
Ordinances by adding a Heritage Preservation Site Overlay
Zoning District (HPS); and,
WHEREAS,
the following is a summary of the newly added number 21.,
Heritage Preservation Site Overlay Zoning District, of Section
900.12; and,
the ordinance sets forth a statement of purpose of the Heritage
Preservation Site Overlay Zoning District to safeguard the
heritage of the city, to promote the preservation and continued
use of historic sites, and to foster civic pride in the beauty and
notable accomplishments of the past; and,
WHEREAS,
the ordinance sets forth uses of the Heritage Preservation Site
Overlay Zoning District stating that the Heritage Preservation
Site Overlay Zoning shall be applied to and superimposed
upon all zoning districts in the City of Elk River; and,
WHEREAS,
the ordinance provides for the direction to city staff for the
preparation of technical reports relating to buildings, land,
areas, districts, etc.; and,
WHEREAS,
the ordinance sets forth standards for the Heritage
Preservation Commission and criteria for the Heritage
Preservation Commission to use when recommending to the
Planning Commission that an area, building, district, or object
be rezoned to the Heritage Preservation Site Overlay Zoning
District; and,
WHEREAS, the ordinance provides for communications with the Minnesota
Historical Society; and,
WHEREAS,
the ordinance requires permitting procedures and
requirements for all Heritage Preservation Site alterations;
and,
the ordinance provides for emergency repair in situations
where repair is needed to protect the safety of the structure
and its inhabitants; and,
WHEREAS, the ordinance designates the City Clerk as the repository for at
least one copy of documents; and,
the ordinance establishes administrative procedures setting
forth findings as to whether a proposed Heritage Preservation
Site is eligible for Heritage Preservation Site Overlay Zoning;
and,
WHEREAS,
the ordinance authorizes the Planning Commission to make
recommendations of approval, rejection, or modification of
proposed rezoning to the City Council; and,
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 Library; and,
WHEREAS,
the City Council approves the text of the summary of
Ordinance 99-26 and has determined that it clearly informs
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED that this official summary of
Ordinance 99- 26 shall be published in lieu of publication of the entire
ordinance as provided by Minnesota Law.
Passed and adopted by the City Council of the City of Elk River this 19t~ day
of July, 1999.
Mfidavit of Publication
,ION'
OF PUBLIC
,OFFIQ~,S ","
, \' ORDINANCE
"" ,AN,
:AMENDING
THEELK It CI
ORDINA,NC
PE,RMlTTEI).'
CONDITIO
-' DISTRICT ,
WHEREAS, the City Council of the
City of Elk River has adopted lUl prdi-
nance pursuant to Section 900.12 of
the City Code of Ordi s by adding
Ii Herit~g~ ,Preserv Sjte Overlay
Zoning District (BPS); d,
WHEREAS, the following is Ii sum-
mary of the newly added number In.,
Heritage Preservation Site Overlay
, ~~~~~?h~~:~f':~'~~~:~'j
a statement of purpose of the Heritage I
Preservation Site Overlay Zoning I
Dist~ct tQ s~eguar4 the ~eritageofl
the CIty, tg proIllote thll prel!ervation :.
and continued use Qf;historic sites, and I
to foster civic pride.in the beauty and I
, notablE} 'I
"ud 'J':;, '
'~Wim:1
the Site :
~\ ,"~o ,thit~
I"t erit Preserva n' Sit'e
I Overlay Zoning shall be applied to and i
I superimposed upon all zoning districts'
I inlthe City of Elk Riveri,~d" ' ," I
, WHEREAS, the ordinance provides'
, for the direction to city staff for the
i'preparation of,techQicalreports~hlt-,
" ing to buildings, land, areas, districts, '
, .;'lUld,
e~f
Minneso ,
'" Pal!sed and City
~ouncU: of the City of E~ River this
~9th day, of July, 1999. ',' ,,' , '
, Stephanie A :K:q~zing,
'Mayor
ATTEST: ,
Salldra A: ~ein:e; City Clerk
, " (Jy28)
~'.u..:.:
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
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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 'l'he 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 331A.02, 331A.07, and oth~r applicable
laws, as amended. '\ .\: () 9 dlo
(B) The printed R O...S OLlT\ G\\ -, - \) ,
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 9- 5 ~
day of -='\ A \ 't ,1939-, and was thereafter
printed and publis ed on every Wednesday to and mcluding
Wednesday, the-,--dayof ,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:
Subscribed and sworn to before.Jr~ on this Q BID day of
~t\ \ J ,19-=0-.
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RATE INFORMA- MYcornrn.~B~/C-MIN.INSKII
XPtres J, 'NfSor,
(1) Lowest classified rate paid by an. 31, "'~
commercial users for comparable I I I. 'i\f"\ .
space $~
(2) Maximum rate allowed by law for t:d I'"')
the above matter $ '\ ~ j 110.
(3) Rate actually charged for the I <<Q 0:;>'
above matter $ I _J_