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ORD 17-01Ordinance 17 - 01 &ii�� to be removed Underlines to be added An Ordinance Ad6ng Section, 30-808, Structures in the Right -off -Allay to the City of EN River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § Section 30-808, Structures in the Right -of -Way, shall be added to the City of Elk River Code of Ordinances, and read as follows: Sec. 30-808. — Structures in a Right-of-way. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Structures which do not meet or exceed the following standards shall not be permitted within a dedicated right-of-way or roadway easement. (1) Co -location. Non-public or private equipment may co -locate on existing public infrastructure (e.g., utility poles, street light, etc.) with approval from the owner of the existing structure. (2) Mechanical Equomenl. All mechanical equipment shall be installed underground, with the exception of mechanical equipment cabinets (structures) in accordance with the following: i. Not greater than 30 inches in height or nine square feet in area; ii. Setback ten feet from the back of curb or edge of travel lane, whichever is greater; iii. A commercial building permit must be obtained from the Building Official; and iv. Mechanical equipment must be in compliance with all laws, ordinances, rules and regulations of the city, including specifically, but not limited to, the city and state building and electrical codes, where appropriate. (3) Environmental. Structures shall comply with all environmental setback and applicable regulations as outlined in Section 30-1852. (4) Stormwater. Structures shall maintain all pre-existing drainage patterns and shall not interfere with existing stormwater infrastructure. (c) Exemption. Any public facilities owned and operated by the city, county, state, or federal government shall be exempt from the requirements of this section. 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 'veAt of nuary, 2017. ]tz, MaY fATE Tina Allard, City Clerk 7_0 -L, ERE® - ➢� Last Updated March 2014 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OFSHERBURNE 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: SHERBURNE with additional 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 1 Successive week(s); the first insertion being on 01/21/2017 and the last insertion being on 01/21/2017. 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: Designated Agent Subscribed and sworn to or affirmed before me on 01/21/2017 by Charlene Vold. Notary Public wwvwwvwW`^ 7jo7p-�-j',�JDvA�RLENE ARIEMACPHERSON Notary Public-Minnasota My Commission Expires Jen 31,2019 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 645079 CITY OF ELK RIVER ORDINANCE 17 - 01 AN ORDINANCE ADDING SECTION, 30-807, STRUCTURES IN THE RIGHT-OF-WAY TO 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 § Section 30- 807, Structures in the Right -of - Way, shall be added to the City of Elk River Code of Ordinances, and read as follows: Sec. 30-807. — Snuctures in a Right-of-way. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Structures which do not meet or exceed the following standards shall not be permitted within a dedicated right-of-way or roadway easement. (1) Co -location. Non-public or private equipment may co -locate on existing public infrastructure (e.g., utility poles, street light, etc.) with approval from the owner of the existing sbucture. (2) Mechanical Equipment. All mechanical equipment shall be installed underground, with the ex- ception of mechanical equipment cabinets (structures) in accordance with the following: i. Not greater than 30 inches in height or nine square feet in area; ii. Setback ten feet from the back of curb or edge of travel lane, whichever is greater; iii. A commercial building perk must be obtained from the Building Official; and iv. Mechanical equipment must be in compliance with all laws, ordi- nances, rules and regulations of the city, including specifically, but not limited to, the city and state build- ing and electrical codes, where ap- propriate. (3) Environmental. Structures shall comply with all environmental setback and applicable regulations as outlined in Section 30-1852. (4) Stormwater. Structures shall maintain all pre-existing drainage patterns and shall not interfere with existing storwater infrastructure. (c) Exemption. Any public facil- ities owned and operated by the city, county, state, or federal gov- emm ra shall be exempt from the requirements of this section. 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 17th day of January, 2017. John J. Dietz, Mayor ATTEST. Tina Allard, City Clerk Published in the Star News January 21, 2017 845079