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ORD 15-23ver Ordinance 15 - 2-1 Strikedxengks to be removed Underlines to be added An Ordinance Amending Certain Sections of Chapter 30 related to XCR extreme commercial recreation of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 30-1, Definitions of the City of Elk River Code of Ordinances shall be amended to read as follows: Campground means a facility used pr;n�y for overnight and short-term camping in tents; trek eaxVets and recreational cam vehicles. Campgrounds must comply with all State of Minnesota regulations regarding campgrounds and must be licensed with the Minnesota Department of Health as a Campground. Saek a Ca=in -t vehicles shall meet the definition in state law for "Recreational Camping Vehicle". and the following qualifications: (1) The vehicle is not used as the residence of the owner or occupant.; (2) The vehicle is used for temporary living quarters by the owner or occupant while engaged in recreational, vacation, or ac�et3 travel activities.; (3) The vehicle is towed or otherwise transported, by its own or by other power, on the public streets or highways incidental to such recreational or vacation activities. Permitted accessory uses include a recreational area for campground guests and retail sales of over- the-counter items for campground guests only. Limited L60 lodging means a building or structure where sleeping and cooking and/or sanitary facility accommodations are furnished to users for a period of no more than seven (7) consecutive days. O�T-rnad racing means a format of racing where various classes of specially modified snowmobiles, cars, trucks, go-carts. and/or ATV's compete in races on dirt or snow tracks Parking over§ow event means temporary parking for a single event, on any surface in non -designated parking areas that does not exceed 50% of the required parking for a business. Water sportsLacility means a facility where non -motorized water activities such as, but not limited to, wake boards, knee boards, and water skis, are powered by a secondary power source. last Updated March 2014 elrtaEI Ir NATURE Strs#edxeaghs to be removed Underlines to be added SECTION 2. That § 30-880, XCR extreme commercial recreation district of the City of Elk River Code of Ordinances shall be amended to read as follows: Sec. 30-880. - XCR extreme commercial recreation district. (a) Temporary signs as permitted in section 30-851 et seq. (b) Permanent signs. Wall signs Total wall sign area not to exceed 15 percent of facade area Wall signs are permitted on any facade that is not directly adjacent to a residential zone Businesses in multi -tenant facilities shall be allowed their proportionate share of permitted wall sign area. For the purposes of this section a road shall constitute a separation of zones. (21 One freestanding sign, not to exceed 150 square feet with a maximum height of 30 feet. One freestanding sign may be permitted for every 1,000 feet of street frontage measured along a single street. The frontage shall only include the property in which the principal use is located on which the sign is advertising The additional sighs) shall be submit to the size and height limitations of the first allowed freestanding or monument sign and may be placed no closer than 500 feet to any other freestanding or monument sign. The sign area of freestanding signs may be increased 25 percent if the sign is constructed as a monument sign. Area identification signs as permitted in section 30-865 (5) One on -premises menu board per drive -up or walk-up lane of a drive-in restaurant or carwash up to a maximum of 32 square feet each Menu boards are allowed to have a message on one side only and may not contain an advertising message. (c) Changeable colla signs as permitted in section 30-864 (1) An approved conditional use permit has been obtained for the property; j2) A sign 121an shall be approved by city staff; (3) Property shall be larger than 20 acres; (4) Each sign shall not to exceed 32 square feet; (5) Must be one-sided only; (6) Shall be setback ten feet from property line. or 25 feet from rights-of-way, whichever is further• (7) Shall face away from rights -of --way or be setback at least 500 feet from the right -of --way; (8) Shall not exceed six feet in height: (9) Shall not be illuminated. 'NAM Last Updated March 2014 Strticet}xeughs to be removed Underlines to be added SECTION 3. That § 30-1041, principal structures of the City of Elk River Code of Ordinances shall be amended to read as follows: Principal structures shall comply with the following dimensional regulations: TBuilding Setbacks Minimum Lot Front Side Garage Rear Maximum Lot Maximum Requirements (feet) (feet) (f deet) (feet) Coverage Height I C-1: ewe] C-2: No limit No limit 100% 1 45 �ee No limit 15 15 Maximum 40 50% 40 C-3' I C-4' XCR 1 acre 100' width 1 acre 150' width 10 acres 300' width 25 20 25 1 20 25 1 20 40 Front 40% Rear Maximum 20 District 35% 40 1 4 45 30 45 ' Must hook up to city sewer and water if within the city sewer district. (Code 1982, g 900.18(1)) SECTION 4. That § 30-1042, Accessory structure setbacks of the City of Elk River Code of Ordinances shall be amended to read as follows: Accessory structures shall comply with the following dimensional regulations: Inst Updated Much 2014 PON'1R 10 11 i ®6ATU Front Sideh Rear Maximum District Setback SetbackI Setback Height Agricultural (feet) (feet) (feet) (feet) (Fences Buildings Inst Updated Much 2014 PON'1R 10 11 i ®6ATU Strike4t sedghs to be removed Underlines to be added 'C 1 C-1 ! No limits 45 —� 0 — C-2 T 15 10 10 45 0 — J r— C-3 25 10 10 35 0 r XCR 25 10 10 35 0 = Swimming °ling _ 0 _ t Swimming pools shall be set back a minimum of eight feet from the side yard and rear yard lot lines and must comply with the required front yard setback as per this subdivision. Swimming pools must be completely enclosed with an opaque chainlink or equivalent fence at least four feet high with a lockable gate. (Code 1982, g 900.18(2)) SECTION 5. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 20th day of July, 2015. ® �vw J66 J. ietz, May ATTEST: 'V Tina Allard, City Cler Last Updated Mazch 2014 P o fl E A E P 6 Y AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SNERBURNE Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Star News with the known office of issue being located in the county of: SNERBURNE with a substantial portion of the circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 07/25/2015 and the last insertion being on 07/25/2015. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: —� l �n Lk Designated Agent Subscribed and sworn to or affirmed before me on 07/25/2015. Mai,� Notary Public w v� vvvWVVWWyvy v�rv��,/y�/,/y�/yq . ,/D' ARLE N MARIE MACPHERSON Notary Public•Minnesota My Commisaton EMpkes Jen 31, 2018 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad 1 D 424782 jegal.textl CITY OF ELK RIVER ORDINANCE NO. 15-23 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 30 RELATED TO XCR EXTREME COMMERCIAL RECREATION OF THE CITY OF ELK RIVER, MINNESOTA, CITY CODE The City Council of the City of Elk River does hereby ordain as follows: (4) Each sign shall not to exceed 32 square feet; SECTION 1. That § 30-1, Definitions of the City of Elk River Code of (5) Must be one-sided only; Ordinances shall be amended to read as follows: (6) Shall be setback ten feet from property line, or 25 feet from rights - Active use storage means an enclosed facility containing multiple of -way, whichever is further; individual units used forthe storage, maintenance, and display of vehicles. (7) Shall face away from rights-of-way, or be setback at least 500 feet The facility may not be used for retail sales, business operations, or from the right-of-way; overnight stays. (8) Shall not exceed six feet in height; Campground means a facility used for overnight and short-term tent (9) Shall not be illuminated, camping in tents and recreational camping vehicles. Campgrounds must SECTION 3. That § 30-1041, principal structures of the City of Elk River comply with all State of Minnesota regulations regarding campgrounds Code of Ordinances shall be amended to read as follows: and must be licensed with the Minnesota Department of Health as a Principal structures shall comply with the following dimensional Campground. Camping vehicles shall meet the definition in state law for regulations: "Recreational Camping Vehicle", and the following qualifications: 1 Must hook up to city sewer and water if within the city sewer district. (1) The vehicle is not used as the residence of the owner or occupant.; (Code 1982, § 900.18(1)) (2) The vehicle Is used for temporary living quarters by the owner or _ ............................... ... _...... ......_.._....................,........ _.. occupant while engaged in recreational, vacation, or travel activities.; ltuldutg5ecbacka (3) The vehicle is towed or otherwise transported, by its own or by other _. i.,... ,.,...,_.... .,.. t............._...........,..._....,._.._j ._. . ... power, on the public streets or highways incidental to such recreational orM,wm w tat ITmoci Side Mownum... Side ' Reor j Maa mu n tas "eight S`de(fee$I vacation activities, Requranenta (rcnj (feet) average I CIO.)i ((,.0 accessory uses include a recreational area for campground guests and retail sales of over-the-counter items for campground guests t: only. 1 Limited staylodging means a building or structure where sleeping, and 9 9 9 P 9, Seaeced; Nolitnie Nolroit I fOUh 45 cooking and/or sanitary facility accommodations are furnished to users for I j a period of no more than seven 7 consecutive days. G2: i Off-road racing means a format of racing where various classes of specially modified snowmobiles, cars, trucks, 9o -carts, and/or ATV's'.Svac m. ho lM. dt � tS tS I 41 •---•---14 ! 50% 40 compete in races on dirt or snow tracks. Parking, overflow event means temporary parking for a single event, on t 1E1C any surface, in non -designated parking areas that does not exceed 50% c 3' ! 25 20 t0a�drh j 4a 4a i 43 of the required parking for a business. Water sports facility means a facility where non -motorized water C.4' I We 25 20 20 I 35% 30 activities such as, but not limited to, wake boards, knee boards, and water 15W Idth skis, are powered by a secondary power source. �..... !.. SECTION 2. That § 30-880, XCR extreme commercial recreation district of the City of Elk River Code of Ordinances shall be amended to read as XCR b as 20 40 j 40Y. 45 follows: Sec. 30-880. - XCR extreme commercial recreation district. (a) Temporary signs as permitted in section 30-851 at seq. SECTION 4. That § 30-1042, Accessory structure setbacks of the City (b) Permanent signs. of Elk River Code of Ordinances shall be amended to read as follows: (1) Wall signs. Total wall sign area not to exceed 15 percent of fapade Accessory structures shall comply with the following dimensional, area. Wall signs are permitted on any fagade that is not directly adjacent regulations: to a residential zone. Businesses in multi -tenant facilities shall be allowedpmt " ""- "'" ' their proportionate share of permitted wall sign area. For the purposes of I gnba� IIlar>iee aae ! Rear Setbac k iSetback. Mwdm°m }ieig6t j Pencea' Acularrdl Mdiqp this section a road shall constitute a separation of zones. (ket} (2) One freestanding sign, not to exceed 150 square feet with a maximum i :................................._ I' height of 30 feet. One freestanding sign may be permitted for every 1,000 I Gt VO Buda - 45 0 feet of street frontage measured along a single street. The frontage shall c 2 is j 10 I 10 45 0 only include the property in which the principal use is located on, which c 3 25 r to to 35 a the sign Is advertising. The additional slgn(s) shall be subject to the size _ "';' ki 25 10 p r.. 10 i ..... 35 0 , and height limitations of the first allowed freestanding or monument sign , - -- - and may be placed no closer than 500 feet to any other freestanding or monument sign. (3) The sign area of freestanding signs may be increased 25 percent if 1 Swimming pools shall be set back a minimum of eight feet from the the sign is constructed as a monument sign. side yard and rear yard lot lines and must comply with the required front (4) Area identification signs as permitted in section 30-865 yard setback as per this subdivision. Swimming pools must be completely (5) One on -premises menu board per drive -up or walk-up lane of a enclosed with an opaque chainlink or equivalent fence at least four feet drive-in restaurant or carwash up to a maximum of 32 square feet each. high with a lockable gate. Menu boards are allowed to have a message on one side only and may not (Code 1982, § 900.18(2)) contain an advertising message. SECTION 5. That this ordinance shall take effect upon adoption and be (c) Changeable copy signs as permitted in section 30-864 published as provided by law. (d) Event sponsor signs, a sign subordinate to a principal use intended Passed and adopted by the City Council of the City of Elk River this for the display of Information for onsite patrons, shall be allowed provided 20th day of July, 2015. the following criteria are met: John J. Dietz, Mayor (1) An approved conditional use permit has been obtained for the ATTEST: Tina Allard, City Clerk property; Published in the Star News, July 25, 2015, 424782 (2) A sign plan shall be approved by city staff; (3) Property shall be larger than 20 acres;