ORD 12-11• ORDINANCE NO. 12 - 11
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 30, ARTICLE I,
SECTION 30 -I, DEFINITIONS, AND CHAPTER 30, ARTICLE VI, DIVISION 7,
COMMERCIAL OR BUSINESS DISTRICTS AND DIVISION 8 INDUSTRIAL AND
BUSINESS PARK DISTRICTS, OF THE ELK RIVER MINNESOTA, CITY CODE ALL
PERTAINING TO COMMERCIAL RECREATION AND PHYSICAL RECREATION AND
TRAINING USES.
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30 -1 of the City- of Elk River Code of Ordinances, titled
Definitions, shall be amended as follows:
The following new definitions shall be added:
Golf Courses azzd counig clubs means an area or course for playing golf, consisting of at
least nine holes, excluding miniature golf, within which the playing area is not artificially
illuminated. Clubhouse and shelters are accessory- structures.
Public Pars, pla�drounds azzd open space or Public Parks means public land available for
recreational, educational, cultural, or aesthetic use, which may include recreational features,
including play structures. Any area designated by the city as a park.
The following definitions shall be amended:
Commercial recreation facility means a non - governmental building, structure or open
space, operated by a profit or non -profit entity and open to the general public and used for
sports activities of amusement. Such facilities may include batting cages, bowling alleys, cart
tracks, golf domes, gymnasiums, ice rinks, jump centers, swimming pools, tennis courts,
volleyball courts and other leisure uses.
Section 2. That section 30 -1022 titled C -1 central business district of the City of Elk
River Code of Ordinances, shall be amended to read as:
(b) Permitted uses. Permitted uses in the C -1 district are as follows:
(11) Physical Recreation or Training.
(d) Conditiozzal uses. Conditional uses in the C -1 district are as follows:
(8) Commercial Recreational Facility.
Section 3. That section 30 -1024 titled C -3 central business district of the City of Elk
River Code of Ordinances, shall be amended to read as:
40 (b) Permitted uses. Permitted uses in the C -3 district are as follows:
(11 Phi-sical Recreation and Training.
(d) Conditional uses in the C -3 district are as follows:
Commercial Recreational Faciliin .
Section 4. That section 30 -1025 titled C--'T community- commercial of the CI-L\- of Elk-
River Code of Ordinances, shall be amended to read as:
b) Per7zzi7ed uses. PeIII=ed uses in the C -4 district are as follows:
(6) Phvsical Recreation and Training.
(d) Conditional zrses. Conditional uses in the C -4 district are as follows:
(9) Commercial Recreation Facihn .
Section 5. Tliat section 30 -1026 titled DD Downtown District of the City of Elk River
Code of Ordinances, shall be amended to read as:
(a) Pemiilted uses. The following uses shall be permitted uses in the downtown district,
subject to the design standards set forth in subsections (e) and (f) and the site plan
revievw process set forth in subsection (g) of this section:
(10) Physical Recreation and Training.
(d) Conditional uses. The following uses shall be conditional uses in the downtown district,
subject to the design standards set forth in subsections (e) and (fl and the procedures
and standards for the approval of conditional use permits set forth in sections 30-
651 through 30 -659 of this chapter: •
(7) Commercial Recreational Facility, accessory to permitted or conditional
principle use.
Section 6. That section 30 -1294 titled BP business park district of the City of Elk River
Code of Ordinances, shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the BP district are as follows:
(1) Permitted uses allowed are as follows:
(d) Conditional uses. Conditional uses in the BP district are as follows:
Section 7. That section 30 -1292 titled I -1 light industrial district of the City of Elk River
Code of Ordinances, shall be amended to add:
(d) Conditional uses. Conditional uses in the I -1 district are as follows:
(12) Commercial Recreation Facility.
Section 8. That section 30 -1295 titled I -3 general industrial district of the City of Elk
River Code of Ordinances, shall be amended to add:
(d) Conditional uses. Conditional uses in the I -3 district are as follows: •
(20) Commercial Recreation Facility.
Section 9. That this ordinance shall take effect upon adoption as provided b�- la -r.
Passed and adopted by the Citt- Council of the City- of Elk River this 16- day- of TUIv_
ATT ST:
Tina Allard, Cin- Clerk
•
•
j T Di t
ORDINANCE NO. 12 -11
CITY OF ELK RIVER
AN ORDINANCE OF THE
CITY OF ELK RIVER
AMENDING CHAPTER 30,
ARTICLE -4 $F,C.CIONL9O -1,
D tITtO14% AND
CHAPTER 30, ARTICLE VI,
DIVISION 7,
COMMERCIAL OR
BUSINESS DISTRICTS AND
DIVISION SINDUSTRIAL
AND BUSINESS PARK
DISTRICTS, OF THE ELK
RIV$ii,MINNES0TA, CITY
CODE ALL PERTAINING
TO COMMERCIAL
RECREATION AND
PHYSICAL RECREATION
AND TRAINING USES.
The City Council of the City of
Elk River does hereby ordain as
follows: ,
Section 1. That Section 30 -1 of
the City of Elk River Code of
Ordinances, titled Definitions,
shall be amended as follows:
The following new definitions
shall be added:
Golf Courses and country
clubs means an area or course
for playing golf, consisting of at
least nine holes, excluding
miniature golf, within which
the playing area is not artifi-
cially illuminated. Clubhouse
and shelters are accessory
tructures.
?ublic Parks; playgrounds and
open space or Public Parks
meana,public land available for
recreational, educational, cul-
tural, or aesthetic use, which
may include recreational fea-
tures, including play struc-
tures. Any area designated by
the city as a park.
The following definitions shall
be amended:
Commercial recreation facil-
ity means anon- governmental
building, structure or open
space, operated by a profit or
non,- profit entity and open to
the general public and used -for
sports activities of amusement.
Such facilities may include bat-
ting cages, bowling alleys, cart
tracks, golf domes, gymnasi-
prps, ice rinks, jump centers,
i 4imming pools, tennis courts,
volleyball courts and'bther lei-
sure uses:
Section2. That "section
30 -1022 titled C -1 central busi-
ness district of the City of Elk
River. Code of Ordinances; shall
be amended to read as:
(b) Permitted uses. Permitted
uses in the C -1 district are as
follows:
(11) Physical Recreation or
.7raining.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) SS
COUNTY OF SHERBURNE )
Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
Newspaper known as the Star News, and has full knowledge of the facts which are stated
below:
(A)The Newspaperhas complied with all ofthe requirements constituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 and other
applicable laws, as ammended.
(B) The printed legal notice, which is attached was cut from the columns of said
newspaper and was printed and published once a week for one week; it was first published
on Saturday, the 28th day of J uly, 2012, and was therefore printed and published on every
Saturday to and including Saturday, the 28th day of J uly, 2012, 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
abcdefghijkI - nopgrstuvwxyz
Office Manager
Subscribed and sworn to before me on
this 28th day of July, 2012
Notary Public
SHELLY RAE WESTOVER
NOTARY PUBLIC
C
MINNESOTA
commission Expires Jan. 31.2015
RATE INFORMATION
(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
3,090,695
$ 21.00
(line, word or inch rate)
$ 15.50
(line, word or inch rate)
$ 15.00
(line, word or inch rate)
Uondi,tional' uses
adit�ana� ilaea in tb� C1
dlrtrict ai�e as toUoire:
(8) Commercial Recreational
Facility,
Section3. That section
30-104 titled C -3 central
business district of the City of
Elk River Code of Ordinances,
shall be amended to read as:
(b) Permitted uses. Permitted
uses in the C -3 district are as
follows:
(11) Physical Recreation and
Training.
(d)Conditional uses.
'nditional uses in the C -3
rict are as follows:
1) Commercial Recreational
Facility.
Section4.That section
30 -1025 titled C -4 community
commercial of the City of Elk
River Code of Ordinances, shall
be amended to read as:
(bl Permitted uses. Permitted
( a it
�•:ai�a►s�l, �r,t�ho Opt
40trict are as follows:
W Commercial Recreation
i facility, -
Section5. That section
30 -1026 titled DD Downtown
District of the City of Elk River
Code of Ordinances, shall be
amended to read as:
(a)Permitted uses. The
following uses shall be
p,e•rmitted uses in the
downtown district, subject to
the design standards set forth
in subsections (e) and (f) and
the site plan review process set
forth in subsection (g) of this
section:
(10) Physical Recreation and
Training.
(d) Conditional uses. The.
flowing uses shall be
n'ditional uses in the
downtown district, subject to
the design standards set forth
in subsections (e) and (f) and
the procedures and standards
for the approval of conditional
use permits set forth in
sections 30-651 through 30 -659
of this chapter:
(7) Commercial Recreational
Facility, accessory to permitted
or conditional principle use.
$eetion6. -That section
30-1294 titled BP, business
pa& district of the City of Elk
liver Code of Ordinances, shall
be amended to read as follows:
13) Permitted uses. Permitted
uses in the BP district are as
lbUows:
(1) Permitted uses allowed we
as follows:
(d) Conditional uses.
Conditional uses in the BP
district areas follows:
Seetion7.That section
30 -1292 titled I -1 light
industrial district of the C W of
Elk River Gods of Ordinaofts,
vbali be aaw ndad to sidd:
(d) Conditional uses.
Coed tio*61 uses in the 1 -1
district are si fellows:
(12)-Commerciol Recreation
Facility.
Seetaion8. That section
30 -1295 titled I -3 general
industrial district of the City of
EIk River Code of Ordinances,
shall be amended to add:
(d) Conditional uses.
Conditional uses in the I -3
district are as follows:
(20) Commercial Recreation
Facility.
Section 9. That this ordinance
shill take effect upon adoption
as provided by law.
Passed and adopted by the
City Council of the City of Elk
River this 16th day of July,
2012.
John J Dietz,
Mayor
ATTBST:
Tina Allard,
City Clerk
(h26)