ORD 04-021
ORDINANCE 04 _ 21
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-793 AND 30-803
OF THE CITY CODE OF ORDINANCES
RELATING TO ACCESSORY BUILDINGS AND TO ANIMALS
Case No. OA 04-06
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-793 titled Accessory buildings of the City of Elk River Code of
Ordinances shall be amended by adding the following:
Sec. 30-793. Accessory buildings.
(a) Time of construction. No accessory building or structure shall be constructed on
any residential lot prior to the time of construction of the principal building to which it is
accessory.
(b) R-Ia district. In the R-Ia zoning district, two detached accessory buildings are
allowed per single-family parcel. Restrictions on the number of agricultural accessory
structures shall not apply to parcels that are 40 acres or larger. The total area of attached
garages and accessory buildings shall not exceed the following maximum square footage:
TABLE INSET:
Parcel size
Less than 1 acre
1 acre to
2.5 acres to
5 acres to
10 acres to
20 acres to
40 acres or more
Maximum Accessory Structure Area
2,000 sq. ft. attached and detached
2,500 sq. ft. attached and detached
3,000 sq. ft. attached and detached
4,000 sq. ft. attached and detached
8,000 sq. ft. attached and detached
16,000 sq. ft. attached and detached
Not to exceed 2% of the lot area
Section 2. Section 30-803 titled Animals of the City of Elk River Code of Ordinances shall
be amended by amending the following:
Section 30-803. Animals
(a) Definitions. The definitions in section 30-1 are applicable in this section.
(b) Purpose. It is the intent of this section to establish regulations which will allow the
keeping of animals within the city in a safe, clean, and healthy manner. The city recognizes
that certain types of animals require regulations and standards to ensure tl1at the health,
safety, and welfare of the public is protected and to promote the compatibility of land uses
as it relates to the keeping of animals.
(c) Applicability of other regulations. The provisions of this section relate to the
regulation of animals in the context of land use compatibility. These standards and
provisions are not exclusive of other regulations set forth in this Code. The provisions of
any other ordinance, statute or rule which impose other or greater restrictions shall also
apply.
(d) Agricultural animals.
(1) The keeping of agricultural animals in the A1 & R-la zoning district is a permitted
use on parcels which are five acres or larger and a conditional use on parcels which are
smaller than five acres. In the R-1b, R-1c, and R-1d districts, the keeping of agricultural
animals is a conditional use and shall be limited to parcels which are five acres or larger.
(2) The number of animals permitted shall be limited to one animal unit per acre of
fenced pasture land as outlined in the following table:
TABLE INSET:
Animal
Slaughter steer or heifer
Horse
Mature dairy cow
Swine under 55 pounds
Swine over 55 pounds
Sheep
Duck
Turkey
Chicken
Animal Unit Value
1.0
1.0
1.4
0.5
0.4
0.1
0.2
0.018
0.01
Note: For animals not listed in this table, the number of animal units shall be defined as the
average weight of the animal divided by 1,000 pounds.
The total number of allowed animal units per acre may be increased, provided there is an
approved manure management plan following the Minnesota Pollution Control Agency
Technical Guidelines for Manure Management and Applications. Such approval may be
obtained through the Conditional Use Permit process as noted in Section 30-651 through
30-657. In no event, however, shall the increased amount exceed twice the allowed animals
as indicated in Section 30-803 (d) (2).
Section 3. 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 20th day of
December, 2004.
Attest:
,~
S:\PLANNING\Case Files\2004\OA 04-06 Access StrucCAg Animals\Final Ordinance.doc
Mfidavit of Publication
.
ORDINANCE! 04 _21-'F MINNESOTA )
CITY Of' E.LK:i:RIVER . .. .... . ....... ... .. )ss.
AN oRDINANCE OF THE CI~OF <ELK RIVER AMENDING. SEC., OF SHERBURNE)
TIONS 30-793. AND 30-803 OF 'fHE~ITY COOl'.:GF. GRDIN.. ANCES
RELA.'fING TO ACCESSORY BUILDI . GS ~.NDTO ANIMALS..... ....
The City Couricil of the C~;s~f ~fk~~;~:sherebY ordain li$ follows: I ; .:;> {J V r:i'f,rdcty II S
~ection 1. Secti<]n30-793 titlM Acce~ory buildin.-gsofthe Cit~ ofElk[ n oath says that he/she is the publisher
River Code of Ordinances shall be ameflded by addmg thefollowmg: Y sworn, 0
Sec. 30-793. Accessory buildings. . rized agent and employee of the publisher of the
(a) Time of construction. No accessory builEling qr structure shall be
constructed on any residential lot prior to the time of constructiop ofthe:r known as the Elk River Star News, and has full
principal building to which it is accessory.. .
(b) R-Ia district. In the R-Ia zoning district, two detached accessory;e of the facts which are stated below:
buildings are allowed Jl{Ir singl~-family par~el. Restrictiops on the num- Th ha complied with all the
ber of agricultural accessory structures shall not apply to parcels that e newspaper s
are 40 acres or larger. The total area of attached garages andaccessorylents constituting qualification as a qualified
buildings shall not exceed the following ,maXimum square footage:
TABLE INSET: ~r, as provided by Minnesota Statute 331A.02,
Parcel size Maximum Accessory Structure Area:
Lesl;l than 1 acre 2,000 sq. fl1. attached and detached and other applicable laws, as amended.
21.5acarcre teos to 2,500.sq: ft. attached and detached The printed ('.'\ rd I Y) n.JJ L!:...:.
3,000 sq. ft. atta.ched and detached -U
5 acres to 4,000 sq. ft. attached and deta.ched
10 acres to 8,006 sq. ft. attached and detached
20 acres to.. .16,000 sq. ft. attached and detached attached was cut from the columns of said
40 acres or more ..... .... Not to exc~ed2% ofthe lot area .
Section2. ~ection30.803 titleliAnimalsofthe C),ty of Elk RiverCode:r, and was printed and publIshed once each
of Ordin,mcesshallbe amended by amejJ.ding the followipg:'1. . k . . t was first published
Section 30-803. Animals .. successIVe wee s, I
. (a) Definitiops. The definitions in sectiQn 30-1 are applicable.in this sec- ~sday the Ol q-J-.+c day of r)cce m be (/
b~ .. '
(bJ Purpose. It is the intent of this ~ection to establish regulations and was thereafter printed and published every
which will allow the keeping of animal~ within the city in a safe, clean, , ..
.an .. d healthy m.. ann. er. The Cl'tyreco.gnize.s tha.t ce rtro'n typ e.s o. f am. 'm als ay to and mcludmg Wednescl~y, the
'Elquire regulations and standards to ensure thatthe health, safety, and 20' d . t d b 1
elf are ofthe public is proteCted and to promote the compatibility ofland "an pnn e e ow
uses as it :ela~sto the keepipg of~maIs. . .- . . . 'of the lower case alphabet from A to Z, both
(c) ApplIcabilIty of other regulatIOns.. The proViSIOns of this section
relate to the regulation of animals in th~ context ofland use compatibil- which is hereby acknowledged as being the size
ity. These standards and provisions are pot exclusive of other regulations. . . . . .
set forth in this Code. The provisions o~ any other ordinance, statute or of type used m the composItIon and publIcatIon
rule which impose other or 'greater resblictions shall also apply. . .
(d) Agricultural animals.. ! ..... tIce.
(1) The keeping of agricultural animal~ in the Al & R-1a zoning district
is a permitted use on parcels which are five acres or larger and a condi-
tional use on parcels which are smaller ~an five acres. In the R-lb, R-1c, a b c d e f g h i j k I m n 0 p q r s t u v w x y z
and R-1d districts, the keeping of agric ltural animalS is a conditional
use and shall be limited to parcels whic are five acres or larger. ]~~ 'A
(2) The number of animals permitted shall be limited to one animal ~ .
unit per acre of fenced p~st~re ,laJ:').d as ~tltU.ned in the following Uible: ' --
AnTABun' ,.LaEIINSE'I': hen f'rTlA mD.n {~-('" v
. Ani:mal Unit Value - - - J
Slaughter steer or heifer 1.0
Horse 1.0
Matm'e dairy cow 1.4
Swine under 55 pounds 0.5
Swine over 55 pouQ-ds 0.4
Sheep 0.1
~~;:ey g:~18 Jlu YVl.
Chicken 0.01 ~
Note: For animals not listed this table, the number of animal units lblic
shall be defined as the averag~ weight ,of the animal divided by ,1,000
pounds.
The total number oflilllowed animal t$.its per acre may be increased,
provided thereisan approved manure#anagement plan following the
Minnesota PollutionC.ont~ol Agency Technical Guidelines. for Manure ~st classified rate paid by
Management and Apphcabons. Such approval may be obtroneQ. through SO I L
the Conditional Use Permit process as noted in Section 30-651 through [lercial users for comparable space $ _ (), " t.o 0
30-657. In no event, however, shall the increased amount exceed twice
.e allowed animals as indicated in Section 30-803 (d) (2). mum rate allowed by law for
Section 3. That this ordinance shall take effect upon publication as
provided by law. I>ove matter
Passed and adopted by the City Cou~cil of the City of Elk River this t II harged for the
20th day of December, 2004, .. Stephanie Klinzipg ac ua y c
Mayor ~ matter
~f'(l her
RATE INFORMATION
$ d Ltt..t( 20
Attest:
Joan Schmidt
City Clerk
$ d. 4 4 ' ~O
(D29)