ORD 00-005ORDINANCE 0~- flq
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.42 AND ADDING SECTION 900.43 OF THE CITY CODE OF
ORDINANCES
CASE NO. OA 00-2
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.42 of the City of Elk River Code of Ordinances
shall be amended to read as follows:
6. Expiration.
If the proposed work described in a conditional use permit
has not been substantially completed within two (2) years
after its date of issuance, the permit shall expire and
become void except that the Council may, following
recommendation of the Planning Commission, extend the permit
for an additional period determined by the Council on the
receipt of a request for a permit extension prior to its
expiration. A conditional use permit authorizes only the
use specified in the permit and shall expire if, for any
reason, the authorized use ceases for more than six (6)
months.
7. ComDliance.
Any use permitted under the terms of a conditional use
permit shall be established and conducted in conformity with
the terms of such permit and of any conditions established
in connection therewith. A violation of any such condition
shall constitute a violation of this Ordinance and shall be
subject to the penalties and enforcement actions provided
for in Section 900.46 of this ordinance.
8. Revocation.
A. In addition to the remedies otherwise provided for in
this ordinance, failure to comply with the conditions set
forth in the approval of a conditional use permit may result
in revocation of the permit by the City.
B. The revocation process shall be as follows:
i). If the City Administrator or the City Council
determines that cause exists to find noncompliance with the
terms of a conditional use permit, the City council may
direct that a hearing be scheduled before the City Council
to receive testimony and evidence, to establish findings,
and to determine whether the conditional use permit shall be
revoked.
ii). The owner of the property on which the conditional use
is located, and, if known to the City, the owner or operator
of the conditional use, shall be notified of the hearing by
personal delivery or certified mail, no less than ten (10)
days before the hearing. The notice of hearing shall
include a summary of the alleged noncompliance of the
conditional use permit.
ii). At the hearing, the City Council shall receive
testimony and evidence from the public and the City staff
regarding the compliance or noncompliance of the use with
the conditional use permit. The property owner and the
owner or operator of the conditional use shall have an
opportunity to testify and present evidence.
iv). At the conclusion of the public hearing the City
Council may continue the revocation to a future date or make
its findings and determination.
v). If the City Council determines that the conditions of
the conditional use permit have not been met, it may order
revocation of the conditional use permit effective on such
date as it shall determine.
vi). Revocation of a conditional use permit shall not be
ordered unless the City Council has made findings in writing
or on the record of the Council proceedings that there have
been one or more violations of one or more conditions of the
conditional use permit.
vii). Revocation of a conditional use permit shall be a
final action of the City Council, appealable only to
District Court, as provided by law.
Section 2. Section 900.43 of the City of Elk River Code of Ordinances
shall be added a.s follows:
900.43 - INTERIM USES
1. Defined.
Interim uses are defined as the temporary use of a property
until a particular date, until the occurrence of a
particular event.
2. Authorized by the City Council
The City Council may authorize interim uses of property by
issuance of interim use permits. Interim uses that are not
consistent with the land use designated on the adopted Land
Use Plan may be authorized. Interim uses that fail to
comply with all of the zoning standards established for the
district within which it is located may also be authorized.
3. Criteria.
In determining whether to authorize an interim use, the
Planning Commission and City Council shall consider the
following criteria:
ao
Bo
Co
Fo
Go
The period of time for which the interim use permit is
to be granted will terminate before any adverse
impacts are felt upon adjacent properties.
There shall be adequate assurance that the property
will be left in suitable condition after the use is
terminated.
The use is similar to uses defined in the zoning
district in which the property is located.
The date or event that will terminate the use can be
identified with certainty.
Authorizing the use will not impose additional costs
on the public if it is necessary for the public to
take the property in the future.
The applicant and user agree to all conditions that
the City Council deems appropriate for authorization
of the interim use.
The applicant provides assurances deemed adequate by
the City Council that the use will terminate as
provided in the interim use permit. The City Council
may require the applicant to deposit a cash amount
with the City, or provide some other form of security,
to ensure compliance with this criteria.
4. Requirement
The City Council must determine that the authorization of
the interim use will not result in adverse effects on the
public health, safety, or welfare.
5. Application
Applications for interim use permits shall be processed in
the same manner as for conditional use permits, as
established in Section 900.42 of this ordinance.
900.44 - AMENDMENT PROCEDURES.
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 _~day of
March, 2000 ~l~ ~ ~ ~
'--"~-' ~S-teph~nie Klinzing~~L~
Mayor
Sandra A. Peine
City Clerk
Mfid1vit ~!}::~~~~ation
I COUNlY OF SHERBURNE)
IN
OF ELK RlVEll AMENDING
SECTION 900,42 ~ADDING
SEGTlON 901M3 OF THEOITY
CQDE OF ORDINANCES ..,
CASE NO. OA 00-2
The City Council of the City of Elk
River does hereby ordain as follows: j
Section 1, Section 900.42 of the.
City of Elk Ri~er Code of Ordinances I
sh!lll be alI\el\delf f9 rea~ a,!, filII .
6. ~xpiration.," ' .
If the proposeq wor!}
~o mit
s\i et
(2) e
pe pire and
ex ' oundl m
recomm ~on of. th
Commis he
additio e
Council t of
a perlI\it exte prior
tion., Acom}itional use~
ri2:es only the \lse sped
mit and shall expire if,
the authorized use. ceases
than siX (6) months.' ,.'.
7. Compljanee. "" . ' , ' ,,',
, Apy, ~se perlI!itted l!Pder th,e. ternis
of. a ~Pn!liti!lIial !lfie pe
,established and condu
mity' terms 0
a ' ns
co h.
, &nY' sUc Ion' shal
Violation is Ordina
be subject' tii the pe
enforceme:!1t actions pro
Section 9(10.46 ofthi,s or
8. Revoclition." 1
A. In additiol,1;' to the r
erwifje provj.~ed for ~n t
failure .to'comply with
set forth ~n ,the appro
tional use permit may
catiqn of the permit by the City.
J3. The revocation process shall ,be
as follows:' '
i).' If the Oity AdministratoF or the
City Couneildeterl,11' that ea
exists to find no
terlI!S of a con .
City council rect
be Ilch.edulelj. before the i
to receive testimony and evjdence, to .;
establish findings,and t .
whether the 'conditional
shall be revoked.
ii). The owner of the
,which the ~opditional u
and, if known to ,the City
operator of the cpnditio
be notified of the 'heari
delivery or cert~fied mil, ,
ten (10) days pefore the e
notice of hearing shalI'include a sum-
mary of the alleged nQl1colI\pliance of
the' ,co~ditloIial 'use (ierlI!it.
ii). A.t the hearing, the City Council
shall receive testimony imd evidence
from the public and the City staff
regardil). cOl,11plianGe OF noncom-
plian, with the condition-
al us Thljl property owner
and the owner or OPerator of the con-
dition shall haVf;l &nopportunity
to tes and present i!'lvidence.
, iv). t the conclusiol,1 of the public
hearing the City Council may contin-
ue the, revocation to ,a future date or
.m!'!!>. . 'ngs ari(ldetermination.
, v). . Council determines
that the s oi the conditional
use permi t been met, it may
order revocation of ,the conditional
u rwit effective 011 such date as it
ditioIls of the cpn 1 lon, it:
vii). Revocation Of a conditional use
permit shall be a final action of the .
City Council, !lppealableonly tll'
District COlj.rt, all provided by law. ,
Section 2. Section 900.43 of the
City of Elk River code of Ordinances
shall be added as follows:
900.43 - INTERIM USES
l.p~fineq,
.Interim !lses are defined as the tem-
poraryuse of:a property until & par-
ticular d&te, until the occurrenCe of a
pa~ticJllarevent.
. 2, A\lthorizeq by the City Cop-ncil
Tpe Oity Council may authorize,
interim uses of property by issuance
of il,1terim use peFmits. Interim uses
that are not consistent with the land
use designlilted pI!. the adopted Land
Ulle PIliP may be alj.thorized. Interim
U,lleS that fail to comply with all of the .
wning stlindllrdsestablishe(l for thet
district within which it is located mll,Y' ,!
also be a orized. i
'3:Crit ' . ' I
In deterlI!ining whether to autho"
rize an interim lj.se, the Plll,nning I
COmmISSIOn ana ClI,y au........... ..~~-
consider the following criteria: .
2-\',~ 0\ \oe-~
\\Cl'l{ \( \ ~
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper 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 331A.02,
331A.07, and other applicable laws, as amended.
B), The printed 1J:r~nQ/n---z9-...
CD~ 0 S
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for \ successive weeks; it was first published
on Wednesday, the Q.qm day of ~C:kV'C '" ,
20 () 0 , and was thereafter printed and published every
Wednesday to and including Wednesday, the
day of ,20_; 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.
a b c d e fg h ij k 1m n 0 p q r s t u v w x y z
BY, f)i~~ ~ .
TITLE: ~(\ m(lmQ~e ,V-
3D ~ day of
Subscribed and sworn to before me on this
"-\0.,,\('[' \, , 20 CX) .
.....
(1)
(3) Rate actually charged for the
above matter
A. The period of time for which the
interim use permit is to be granted
will terlI!inate before any adverse
impacts are felt upon adjacent proper-
ties.
B. There shall 'be adequ;lte assur-
ance that the property will be left in
suitable condition after the use is
terlI!inated.
C. is
in the
prope c.
D. The date or event that will ter-
minate the use can be i ed with
certainty.'
E. Authori?ling
imposetiorial
if it is
the pro
F. T pplicant and uSer agree to
all conditions that the eity Council
deems appropriate fi authorization
of the inte
G.
ances .
Council
, provided 'in',
"The City Coun
applicant to deposit a cash amount
. with the City; or provide some other
'. fOrlI!of security, to ensure compliance
with this criteria.
4. Requirement
The City Council must deterlI!ine
that the authorization of the interim
use will not result in adverse effects
on ~the public health, safety, or wel-
fare. ,,/'
, .' 5, Appiication
Applications 'for interim use per-
mits shall be processed in the same
mainner as for .conditional use per-
mits, as established in Section 900.42
of this ordinance.
$ ~O~,'15
$ b{Od .:-'16
~ a ee
" shal:ltake'effe&tlPilnt~lieatiO'n-aS'
provided by law, ',..
Passed and adopted this 20th day of
March, 2000 by the City Council' of
the City of Elk River.
Stephanie A. KliIizing
Mayor
ATTEST:
Sandra A. Peine; City Clerk
(Mr29)