ORD 15-26Ordinance 15 - 26
to be removed
Underlines to be added
An Ordinance Amending Section, 30-991(b), R- I districts 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 5 30-991 (b), R -I districts of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses. Permitted uses in the R-1 districts are as follows:
(1) Single-famy dwellings per section 30-799
(2) Licensed day care facilities for 12 or fewer children.
(3) Model homes in compliance with section 30-800
(4) Agricultural uses in the R -I a district (more than five -acre lot size).
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations.
(7) Truck tractor and/or trailer parking (nonplatted parcels five acres in size or greater within
the R -1a district).
(8) State -licensed residential facilities or housing with services establishments registered under
Minn. Stars. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or
fewer persons and group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502-0445, to serve 14 or fewer children, except that a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to
sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes, relating to sex offenses shall not be a permitted use.
(9) Open space preservation development plats within the R -1a district (residential clustering).
(lo) 'rowers less than 60 feet in height.
(11) Bttsifies5 and pi!afessionftl offiees.
Ul Private kennels on parcels five buildable acres or greater, excluding lots located in
cluster subdivisions (see [subsection (d)(12)]).
{4 }a2
Homeowner -occupied bed and breakfast establishments shall be allowed in all
residential districts as a permitted use, subject to site plan review, provided the use
complies with the following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy -backed or tandem parking arrangement is
permitted.
Strikethtattghs to be removed
Underlines to be added
b. Off street parking shall be provided on an existing driveway.
C. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single-family
character.
e. The proposal shall comply with all building and fire code requirements.
If the proposed bed and breakfast business does not comply with one or more of the
above criteria, it will require a conditional use permit.
mng Farm wineries in the R-1 a zo district provided the use does not include on-site
sales of any type
SECTION 2. 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 17' day of.August, 2015.
ATTEST:
Tina Allard, City Clerk
joh�pj. J)iet7, Mayer
AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER with all building and fire code re-
ORDINANCE 15-26 quirements.
STATE OF MINNE50TA )ss AN ORDINANCE AMENDING If the proposed bed and break-
COUNTY OF SHE SO RNE SECTION,30-991(B), fast business does not comply with
R-1 DISTRICTS OF THE one or more of the above criteria,
CITY OF ELK RIVER, it will require a conditional use per-
Charlene Vold being duly sworn on an oath, MINNESOTA,CITY CODE mit.
states or affirms that he/she is the Publisher's The City Council of the City of ( I Farm wineries in the
Designated Agent of the newspaper(s)known Elk River does hereby ordain as R-1a zoning district provided the
follows: use does not include on-site sales
as: SECTION 1. That §30-991 (b), of any type
R-1 districts of the City of Elk SECTION 2.That this ordinance
Star News River Code of Ordinances shall be shall take effect upon adoption and
amended to read as follows: be published as provided by law.
(b) Permitted uses. Permitted Passed and adopted by the City
with the known office of issue being located uses in the R-1 districts are as fol- Council of the City of Elk River this
in the county of: lows: 17th day of August,2015.
SHERBURNE (1) Single-family dwellings per John J.Dietz,Mayor
with a substantial portion of the circulation section 30-799 ATTEST:Tina Allard,City Clerk
(2) Licensed day care facilities Published in the
in the counties of: for 12 or fewer children. Star News
WRIGHT (3) Model homes in compliance August 29,2015
and has full knowledge of the facts stated with section 30-800 441188
(4)Agricultural uses in the R-1a
below: district (more than five-acre lot
(A)The newspaper has complied with all of size),
the requirements constituting qualifiea- (5) Public parks, playgrounds
tion as a qualified newspaper as provided and open space.
by Minn. Stat. §331 A.02. (6)Permitted home occupations.
(7) Truck tractor and/or trailer
(B)This Public Notice was printed and pub- parking (nonplatted parcels five
lished in said newspaper(s) once each acres in size or greater within the
week, for I successive week(s); the first R-la district).
insertion being on 08/29/2415 and the last (8) State-licensed residential
facilities or housing with services
insertion being on 08/29/2015. establishments registered under
Minn. Stats. ch. 144D serving six
MORTGAGE FORECLOSURE NOTICES or fewer persons, licensed day
Pursuant to Minnesota Stat. §5$0.033 care facilities serving 12 or fewer persons and group family day
relating to the publication of mortgage care facilities licensed under Min-
foreclosure notices: The newspaper complies nesota Rules, parts 9502,0315 to
with the conditions described in §580.033, 9502.0445, to serve 14 or fewer
children, except that a residential
subd. 1, clause (1) or(2). if the newspaper's facility whose primary purpose is
known office of issue is located in a county to treat juveniles who have violated
adjoining the county where the mortgaged criminal statutes relating to sex of-
premises or some part of the mortgaged fenses or have been adjudicated
delinquent on the basis of conduct
premises described in the notice are located, in violation of criminal statutes re-
a substantial portion of the newspaper's lating to sex offenses shall not be a
circulation is in the latter county. permitted use.
(9) Open space preservation
development plats within the R-1a
district(residential clustering).
By.
(10)Towers less than 60 feet in
fY hei gt.h
Designated A gent Business and
aZ.1,
Subscribed and sworn to or affirmed before 11 Private kennels on par-
me on 0$/29/2015. eels five buildable acres or greater,
excluding lots located in cluster
subdivisions (see /subsection (d)
(12)D.
f13"12 Homeowner-occupied Mich is
bed and breakfast establishments
s shall be allowed in all residential
Notary Public districts as a permitted use, sub-
ject to site plan review, provided
the use complies with the following
-wv .. vvvvVV✓�rvyVVW1/WV�A- Criteria:
a. Off street parking shall be
tR7t G{Yr Grt provided at a rate of one space
Notary Public-Mirlrrasota per guest room plus those required
M Commission Expires dan 31,2019 for the single-family use.A piggy-
y backed or tandem parking arrange-
ment is permitted..
b_ Off street parking shall be
provided on an existing driveway.
c.Signage shall be limited to one
freestanding sign, not to exceed
Rate Information: four feet in height and eight square
feet in size, and one wall sign not
(1)Lowest classified rate paid by commercial users to exceed four square feet in size.
for comparable space: Signs shall not be illuminated-
$23.00 per column inch d. The exterior appearance of
the structure shall not be altered
Ad 1D 441188 from its single-family character.
e. The proposal shall comply