ORD 11-01~~~ to be removed
Underlines to be added
• ORDINANCE I I - O1
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING THE
REGULATIONS PERTAINING TO PARKING LOT LIGHTING AND
PRESCRIBING THE PROCESS FOR REVIEW OF GENERAL PLANNING
PERMITS, ALL CONTAINED WITHIN SECTION 30 OF THE ELK RIVER
MINNESOTA, CITY CODE
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-902, titled Lighting, of the City of Elk River Code of
Ordinances, shall be deleted and purposely left blank.
Section 2. That Section 30-1, definitions, of the City of Elk River Code of
Ordinances shall be amended to add the following: General Planning Permit means
a permit issued bythe City Land Development Staff in accordance with sections 30-
671, et seq.
Section 3. That Section 30-602, of the City of Elk River Code of Ordinances,
shall be amended to add new subsection (9) hereto, which shall read as follows:
(9) Review applications for and, where the standards for issuance set forth in Section
30-674 are met, issue General Planning Permits in accordance with sections 30-
671, et seq.
Section 4. That Chapter 30, Article VI, Division 2 of the City of Elk River Code
of Ordinances shall be amended to add a new subdivision IV, titled General Planning
Pen:nits to read as follows:
Sec. 30-671. Uses or Purposes Authorized.
(a) A General Planning Permit maybe issued by City Land Development Staff in
accordance with this article, for the following temporary uses or purposes:
(i) Temporary outdoor firework retail sales
(u) Temporary outdoor landscape material and supply sales
(iu~ Temporary retail sales of items allowed in the district
(b) Such uses shall be permitted for a period not to exceed 180 days
Sec. 30-672. Application.
(a) An application for a General Planning Permit shall be filed with the City on a form
prescribed bythe City. The application shall be accompanied bysuch plans and information as may
be required bythe city, including, without limitation:
(i) A statement of the proposed use and period of time proposed for the use.
• (u) A site plan drawn at scale showing all abutting lots, existing buildings, existing
uses, utilities, curb cuts.
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(iu) A proposed development plan showing proposed ingress and egress to the •
property and proposed structures, off-street parl~ng and loading areas and, where appropriate, plans
for utilities, lighting, signs and open space, and a development schedule.
Sec. 30-673. Review and approval by City Land Development Staff.
(a) On receipt of a completed application, including necessaryplans and information, the
director of planning shall schedule its review by City Land Development Staff
(b) CityLand Development Staff shall only approve an application for a General Planning
Permit if staff finds that the application meets the standards for issuance set forth in
section 30-674.
Sec. 30-674. Standards for issuance.
(a) Required findings. City staff shall approve a general planning permit only if it finds that
such use at the proposed location:
(1) Will not endanger, injure or detrimentally affect the use and enjoyment of other
properryin the immediate vicinity or the public health, safety, morals, comfort, convenience or
general welfare of the neighborhood or the city.
(2) Will be consistent with the comprehensive plan.
(3) Will not impede the normal and orderly development and use of surrounding
property.
(4) Will be served adequately by and will not adversely affect essential public
facilities and services including streets, police and fire protection, drainage, refuse disposal, water and
sewer systems, parr and schools; and will not, in particular, create traffic congestion or interference
with traffic on adjacent and neighboring public thoroughfares.
(5) Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to anypersons or properrybecause of excessive traffic, noise, •
smoke, fumes, glare, odors, dust or vibrations.
(6) Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major imponance.
(7) Will fully complywith all other requirements of this Code, including any
applicable requirements and standards for the issuance of a license or pemut to establish and operate
the proposed use in the city.
Sec. 30-675. Denial of Permit
(a) If CityLand Development Staff denies an application for a General Planning Permit, it
shall accompanyits determination with a report stating howthe proposed use does not
complywith the standards set forth in Section 30-674.
(b) If an application for a General Planning Permit is denied, the applicant shall have the
right to appeal the denial to the Board of Adjustment as provided in Section 30-633 of
this Ordinance.
Sec 30-676. Conditions
In approving a General Planning Permit, City Land Development Staff may impose such specific
conditions with regard to the development or operation of the proposed use as it considers necessary
to satisfythe standards set forth in section 30-674 and the requirements contained in this article and
to promote compatibilitywith and m;n;m;~e anypotentiallyadverse effects upon adjacent properties,
the neighborhood or the city. Such conditions may include, without limitation, requirements relating
to. the following:
(1) Ingress and egress to the property and proposed structures with particular
reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in •
case of fire or other catastrophe.
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(2) Off-street parting and loading areas where required and the economic, noise,
• glare or odor effects of the proposed use on nearbyproperty.
(3) Refuse and service areas.
(4) Utilities with reference to location, availability and compatibility.
(5) Signs, if any, and proposed exterior lighting with reference to glare, traffic
safety, economic effect and compatibility and harmonywith properties in the district.
(6) Design and location compatibilitywith adjacent properties and other properties
in the district.
(7) Expiration date.
Sec. 30-677. Expiration.
A General Planning Permit shall not approve any use for a period exceeding 180 days. No more
than two General Planning Permits maybe issued for a single lot or business in a given year. Where
two General Plann'ng Permits are issued to one lot or business in a single year, the cumulative days
permitted bythe permits shall not exceed 180 days.
Sec. 30-678. Compliance.
Any use permitted under the terms of a General Planning Permit shall be established and conducted
in confornutywith the terms of approval of such permit and of anyconditions established in
connection therewith. A violation of any such condition shall constitute a violation of this Article and
shall be subject to the penalties and enforcement actions provided for in section 30-576.
Section 5. That this ordinance shall take effect upon adoption as provided by law.
Passed and adopted by the City Council of the City of ElkRiverthis /a~~ day of
~ ~r L , 20~.
J J. D' tz, yor
ATTEST:
_% /~%
Tina Allard, City Clerk
•
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ordinance.docx
ORDINANCE 11-01 AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
AN ORDINANCE OF THE
AL CITY OF ELK RIVER
AMENDING THE REGULA-
PARKING LOT LIGHTING STATE OF MINNESOTA
AND PRESCRIBING THE ) SS
PROCESS FOR REVIEW OF COUNTY OF SHERBURNE )
GENERAL PLANNING PER-
MITS, ALL CONTAINED
WITHN SECTION 30 OF
THE ELK RIVER MINNE-
SOTA,CITY CODE
The City Council of the City of Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
Elk River does hereby ordain as Newspaper known as the Star News,and has full knowledge of the facts which are stated
follows: below:
Sectionl.That Section
30-90f,ti River Code r ode of Ordi-
Lighting,of the
City of Elk (A)The Newspaper has complied with all ofthe requirements constituting qualifications
nances, shall be deleted and as a qualified newspaper,as provided by Minnesota Statue 331A.02, 331A.07 and other
purposely left blank. applicable laws,as ammended.
I Section 2.That Section 30-1,
definitions,of the City of Elk (B) The printed legal notice, which is attached was cut from the columns of said
River Code of Ordinances shall
be amended to add the follow- newspaper and was printed and published once a week for one week;it was first published
ing: General Planning Permit on Saturday,the 26th day of March,2011,and was therefore printed and published on every
means a permit issued to the Saturday to and including Saturday,the 26th day of March,2011,and printed below is a
City Land Development Staff in
I accordance with sections r copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowledged
30-671,et seq. as being the size and kind of type used in the composition and publication of the notice
i Section 3.That Section
1 30-602,of the City of Elk River
Code of Ordinances,shall be
I amended to add new subsec-
tion(9)hereto,which shall read; abcdefghijklmnopgrstuvwxyz
as follows: t
(9)Review applications for
and,where the standards for
idirsuance set forth in Section _
0-674 are met,issue General 1NC
Tanning Permits in actor- i
dance with sections 30-671;.et ,
seq.
'`Section 4.That Chapter 30,
Article VI, Division 2 of the
City of Elk River Code of Ordi- Office Manager
nances shall be amended to add
a new subdivision IV, titled
General Planning Permits to Subscribed and sworn to before me on
read as follows: this 26th day of March,2011 SHELLY RAE WESTOVER
Sec.30-671.Uses or Purposes NOTARY PUBLIC
',Authorized. .
(a)A General Planning Per e s MINNESOTA
Mit may be issued by City Land `"°'' My Commission Expires Jan.31,2015
Development Staff in accor-
dance — — — — — — — — —
dance with this article,for the
Following temporary uses or �11Z I V�c-S_.. tai5 purposes:
(i) Temporary outdoor fire-
work retail sales
(ii) Temporary outdoor land- Notary Public
scape material and supply sales
(iii)Temporary retail sales of
items allow d in the district
(b)Such* i shall be permit- RATE INFORMATION
ted for a period not to exceed
180 days $ 21.00
Sec.30-672. Application. (1)Lowest classified rate paid by
(a) An application for a Gen- commercial users for comparable space
eral Planning Permit shall be (line,word or inch rate)
filed with the City on a form
prescribed by the City. The (2)Maximum rate allowed by law for the $ 15.50
application shall be accompa
nied by such plans and infor- above matter (line,word or inch rate)
4
oration as may be required by
the city, including, without
limitation: (3)Rate actually charged for the above $ 15.00
(i)A statement of the pro- matter
posed use and period of time (line,word or inch rate)
proposed for the use. 2,548,682
(ii) A site plan drawn at scale
showing all abutting lots,
existing buildings, existing
uses,utilities,curb cuts.
tin Li an apya.'.e.....,... - -.
General Planning cPermit ha is
denied, the applicant
Awing proposed o osee ingress have the right to appeal the
plan showing proposed ingress denial to the Board of
and egress to the property and
provided as rovided in
proposed structures,off-street Adjustment
ec t o n 3 0 p 3 of f t h i s
parking and loading areas and Ordinance.
where appropriate,plans for rdi a ce. Conditions
open tia,space, nd a d velop and In Sec approving a General •
chedu and a development Planning Permit, City Land
schedule. Development Staff may impose
ppr. al by City Review and such specific conditions with
approval Staff City Zand-Devel- regard to the development or
o(a)On receipt operation of the proposed use
p application,,i of a completed as it considers necessary to
saryp anon, including.on,the satisfy the standards set forth
darector and information,shall in section 30-674 and the
director its planning shall requirements contained in this
schedule its review by City article and to promote
(b)CitvelopmentStaff compatibility with and
(b)City Land Development minimize any potentially
Staff shall only approve al adverse effects upon adjacent
Planning for a General properties,the neighborhood or
Planning pprmit if staff finds the city.Such conditions may
standards the sforissuanmeetforth include,without limitation,
standards for issuance set forth requirements relating to the
in section 30-674. l
Sec. 30-674. foll owing:
Standards for following:
Ingress and egress to the
issuance. property and proposed struc-
staff Required findings. City tures with particular reference
planf snap approve a general to vehicle and pedestrian safety
planning such permit a o he if it fined and convenience,traffic flow
that such use at the proposed and control and access in case
location: of fire or other catastrophe.
(1) Will not endanger,af injure use (2) Off-street parking and
or detrimentally j o m e t o affect the use loading areas where required
and enjoymnt of other and the economic,noise,glare
property ty or t the p immediate or odor effects of the proposed
Vicinity orthepublicr , use on nearby property.
safety, morals,general (3) Refuse and service areas.
ofnhenience or general weciare (4) Utilities with reference to
of ) Will beacons or cent with location, availability and
(2) Will be consistent with compatibility.
the comprehensive plan. (5) Signs,if any,and proposed
(3) Will not impede the exterior lighting with reference III
normal and orderly to glare,traffic safety,economic
development and use of effect and compatibility and
surrounding property. y harmony with properties in the
(4) Will be served adequately .district..
by and will not adversely affect district.
Design and location
essential public facilities and compatibility(6) Degn with adjacent
police including streets, properties and other properties
police and fire protection, in the district,
drainage, refuse disposal, (7) Expiration date.
water and sewer systems, Sec.30-677. Expiration.
parks and schools;and will not, A c.30-6 7 Planning Permit
in particular,create traffic con- shall not approve any use for a
traffic
gestion or interference and period exceeding 180 days. No
neighboring on o and more than two General
neighboring public thorough- planning Permits may be
fares. issued for a single lot or
(5) Will not involve uses, business in a given year.
activities,processes,materials, Where two General given
Planning
equipment
operation and a t wll conditions of Permits are issued to one lot or
detrimental that persons s b r business in a single year,the
prp rty be a any pec s oe cumulative days permitted by
traffic, because of excessive m , the permits shall not exceed
traffic,noise, smoke,fumes, 180 days.
glare,odors,dust or vibrations. 806.30-678. Compliance.
est Will not result in the Any us%permitted under the
natural, scenic loss c or historic of a terms o a General Planning
natural, scenic po'historic Permit shall be established and
feature of major importance. conducted in conformity with
(7) Will fully requirements with is the terms of approval of such
other nc u ing any applicable this permit and of any conditions
Code,including and standards nrdsf established in connection
requirements and standarde for therewith.A violation of any
the issuance of a d operate license or such condition shall constitute
theproposed establish us isn and opt a violation of this Article and
the proposed use in the Per. shall be subject to the penalties
Sec.30-675. Denial of opme and enforcement actions •
(a)If City Land Development provided for in section 30-576.
Staff denies an application for a Section 5. That this ordinance
General Planning accompany mg Permit, it shall take effect upon adoption
shall all 'accompany its as provided by law.
determination with a report Passed
and adopted by the
does oes not comply with the
stating how the proposed use City Council of the City of elk
d River this 21st day of March,
standards set forth in Section 2011.
30474. John J.Dietz,
Mayor