ORD 02-011
ORDINANCE 02 - 11
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900 OF THE CITY CODE OF ORDINANCES
Case No. OA 02-02b
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.30 titled, REGULATION ON SCREENING, LANDSCAPING,
LIGHTING, STORAGE AND OUTDOOR DISPLAYS, of the City of Elk River Code of
Ordinances shall be amended and replaced as follows:
900.30 - REGULATIONS ON SCREENING, LANDSCAPING, LIGHTING, STORAGE
AND OUTDOOR DISPLAYS
5 . Enforcement.
A. Installation. All landscape improvements required by
this subsection shall be installed by the owner no later
than one year after the issuance of a building permit for
the subject property.
Replacement of any dead trees, shrubs, ground covers and
sodding shall be responsibility of the property owner.
B. Inspection. Twelve (12) months after the date of
issuance of a building permit, the City may conduct a field
inspection of the subject site to assure compliance with
the requirements of this ordinance and implementation of
the approved landscape plan.
C. Exceptions and Adjustments. Where a strict application
of this subsection is not possible due to unique
topographic landform, irregular lot shape or historic
features worthy of preservation, the applicant may present
an alternative landscape and screening plan to the City for
alternate approval.
Section 2. Section 900.38 titled, BUILDING PERMITS, CERTIFICATES OF
OCCUPANCY, FEES, of the City of Elk River Code of Ordinances shall be amended and replaced
as follows:
900.38 - BUILDING PERMITS, CERTIFICATES OF OCCUPANCY, FEES.
1. Building Permits.
A. No person shall erect, alter, wreck or move any
building or structure or part thereof without first
securing a building permit.
B. An application for a building permit shall be made to
the Building and Zoning Administrator on a form furnished
by the City. All building permit applications shall be
accompanied by a site plan drawn to scale showing the
dimensions of the lot to be built upon and the size and
location of the building and accessory buildings to be
erected, off-street parking and loading facilities and such
other information as may be deemed necessary by the
Building and Zoning Administrator to determine compliance
with this and other land use ordinances. No building
permit shall be issued for activity in conflict with the
provisions of this Ordinance except activity for which a
variance has been granted in accordance with Section
900.40(5). The Building and Zoning Administrator shall
issue a building permit only after determining that the
application and plans comply with the provisions of this
Ordinance, the State Building Code. and other applicable
laws and ordinances. Building permits for commercial and
industrial properties shall not be issued until a letter of
credit in the amount of 3% (three percent) of the valuation
is submitted. Said letter of credit shall ensure
compliance with the grading, drainage, hardsurface, and
landscaping requirements of the ordinance. Said letter of
credit shall not exceed $50,000 (fifty thousand and 00/100)
dollars.
C. If the work described in any building permit is not
begun within one hundred eighty (180) days or substantially
completed within two (2) years following the date of
issuance thereof, said permit shall expire and become void.
Written notice thereof shall be transmitted by the Building
and Zoning Administrator to the permit holder, stating that
activity authorized by the expired permit shall cease
unless and until a new building permit has been obtained.
D. No building permit shall be issued for the development
of commercial, industrial or multifamily structures of four
(4) dwelling units or greater for property that is not
platted in accordance with the requirements of Chapter X of
the City Code.
2. Certificates of Occupancy.
A. A certificate of occupancy shall be obtained before:
i. any nonagricultural building, except an accessory
building, hereafter erected or structurally altered is
occupied or used; and
ii. the use of any existing nonagricultural building,
except an accessory building, is altered.
B. Application for a certificate of occupancy shall be
made to the Building and Zoning Administrator as part of
the application for a building permit. A certificate of
occupancy shall be issued by the Building and Zoning
Administrator following completion of the building permit
activity and a determination by the Building and Zoning
Administrator that the building and its proposed use
complies with this Ordinance and the provisions of any
permit issued pursuant hereto. To the extent practicable,
a certificate shall be issued within ten (10) days after
the completion of building permit activity. The Building
and Zoning Administrator may issue a temporary certificate
of occupancy for a period not to exceed six (6) months when
required improvements remain unfinished. For residential
dwellings, monies equal to the value of exterior
improvements not made, including but not limited to,
exterior finishes, grading, topsoil, concrete work, paving,
seeding or sodding, shall be escrowed with a title company,
bank or other financial institution. The City shall verify
completion of said work prior to issuance of the final
Certificate of Occupancy and the release of escrowed
monies.
r-
3. Fees. Fees and charges for processing applications shall be
established by resolution of the Council and collected by the
Building and Zoning Administrator for deposit in the City's
accounts. Fees shall be established for at least the following:
building permits, conditional use permits, subdivisions, zoning
amendments, variances and appeals.
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 10th day of
June, 2002.
~.~
Stephanie Klinzing
Mayor
Attest:
~~a
{P~
Sandra A. Peine
City Clerk
ip,3 ,,,,,,, ...v .c.pk,. .CMS
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Affidavit of Publication
• STATE OF MINNESOTA )
ORDINANCE 02.11) ‘11 )ss.
CITY OE IVER
AN t �,. I F THE COUNTY OF SHERBURNE)
ACI 5 -11tIVER
T ' :., . � i N 900 OF // - ke Pi 4/1/1/5 ,
EOF
The Cap ° ¢ being duly sworn, on oath says that he/she is the publisher
":
1_ ElkRiv� ^ '�S or authorized agent and employee of the publisher of the
follows: newspaper known as the Elk River Star News, and has full
Sp,gotion 1. ,
LAN1JSCAP!t x:4 f knowledge of the facts which are stated below:
LANDSCAPii
ST(YRAGE AND a a OOR DIS- A) The newspaper has complied with all the
PLAYS, of'the City of Elk River
Code of Ordinances shall be requirements constituting qualification as a qualified
amended and replaced as follows: provided as,er
a
news ided b Minnesota Statute 331A.02,
900.30 - REGULATIONS ON newspaper, P by
SCREENING, LANDSCAPING, 331A.07, and other applicable laws, as amended. (�
LIGHTING, STORAGE AND /
OUTDOOR DISPLAYS B) The printed �1 �� _ 0_-
5.Enforcement.
A. Installation. All landscape
improvements required by this
subsection shall be installed by the which is attached was cut from the columns of said
owner no later than one year after newspaper, and was printed and published once each
the issuance of a building permit
for the subject property. week, for / successive weeks; it was first published
Replacement of any dead trees, //9 f�/
shrubs,ground covers and sodding on Wednesday, the day of f�,t 1 'e, ,
ert shall owner.responsibility of the prop- 20 6 , and was thereafter printed and published every
y
B. Inspection. Twelve (12) Wednesday to and including Wednesday, the
• months after the date of issuance
of a building permit,the City may day of , 20 ; and printed below
conduct a field inspection of the
subject site to assure compliance is a copy of the lower case alphabet from A to Z, both
with the requirements of this ordi-
nance and implementation of'the inclusive, which is hereby acknowledged as being the size
approved landscape plan. and kind of type used in the composition and publication
C. Exceptions and Adjustments.
Where a strict application of this of the notice.
subsection is not possible due to
unique topographic landform,
irregular lot shape or historic fea-
tures worthy of preservation, the abcdefghijk1mnopgrstuvwxyz
applicant may present an alterna-
tive landscape and screening plan ■
to the City for alternate approval. BY: p.4.zakeyi,c4
Section 2. Section 900.38 titled, )
BUILDING PERMITS, CERTIFI- TITLE: )`f'/1/ /1 A( /J' /6 nv67-C°r
CATES OF OCCUPANCY, FEES, �
of the City of Elk River Code of • lit/
Ordinances shall be amended and Subscribed and sworn to before men day of
replaced as follows: -
900.38 - BUILDING PERMITS, ( it) , 20 �- s Ciijr
CERTIFICATES.OF * No YM. S
FEES. ` c MY corn pUBt/O NIII�j SK/ •
1.Building Permits. N SOTq
wreck or person
a shall
any building or or �°37,2Q os
structure or
Notary Public
part thereof without fli
first securing a building permit.
B. An application for a building
permit shall 'be made to the RATE INFORMATION
Building and Zoning
Administrator on a form furnished (1) Lowest classified rate paid by
a users P
by the City. All building permit commercil for comparable space $ S9 C"?
5'
applications shall be accompanied P
by a site plan drawn to scale show-
ing, (2) Maximum rate allowed by law for
the upon th of the and to be $ �'r 1` I
built upon and the size and loca the above matter `11
tion of the building and accessory
buildings to be erected, off-street (3) Rate actually charged for the
above matter $ of 4 b
• R
Ym�ng��=.,anti=g racilities ana trator may issue a tempora
such other information as may be tifieate of occupancy for a cer-
deemed necessary by the Building not to exceed six(6)months when •
and Zoning Administrator to required improvements. remain.
determine compliance with this unfinished. For
and other land use ordinances.No alellin s residential - :" . * '' . .
building valueat
off monies equal to the
g permit shall be issued for exterior improvements
activity in conflict with the provi- not made,including but not lmit-
sions of this Ordinance except ed to; exterior finishes,
activity for which a variance has seed nl' concrete. work, pa d ng
been granted in accordance with g or sodding shall be
Section 900.40(5). The Building escrpwed with a title com
and Zoning Administrator shall bank or other financial institution'
on.
issue a building permit only after said pity shall verify completion Of
determining that the application said work prior to issuance of the
plans comply with,the ovi final Certificate of Occupancy
s nf inannq, a�at the tree monieand
Building Code and otlr:ap$lica Ce3 low fore pro
ble laws and ordinances. Building t
permits for commercial and Indus- lis i'*le uncbl
trial properties shall not be issued aaCri
until a letter of credit in the and
amount of 3% (three percent) of in t All. r sit
the valuation is submitted. Said tllsall
letter of credit shall ensure compli-
ance be established for at least fco
p lowing: building permits, condi
ance with the grading, drainage, tional use
hardsurface, and landscaping
zoning Permits, subdivisions
g amendments, variances
requirements of the ordinance: and appeals.
Said letter of credit shall not Sn 3. Thcat o
exceed$50,000(fifty thousand and shall ectiok
tae effet
00/100)dollars: upon this publication rdinance
C. If the work described in any
building permit is not begun with _ ,
in one hundred eighty (180) days th"
or substantially completed within `' "'
two(2)years following the date of tin
zir
issuance thereof,said permit shall Attest:' Mayor
expire and become void. Written Sandra A.Peine •
notice thereof shall be transmitted City Clerk
by the Building and Zoning (Jn19)
Administrator to the permit hold-
er,stating that activity authorized
by the expired permit shall cease
unless and until a new building
permit has been obtained.
D. No building permit shall be
issued for the development of com-
mercial, industrial or multifamily
structures of four.(4) dwelling
units or greater for property that
is not platted in accordance with
the requirements of Chapter X of
the City Code.
2.Certificates of Occupancy.
A. A certificate of occupancy
shall be obtained before:
i. any nonagricultural building,
except an accessory building,here-
after erected or structurally
altered is occupied or used;and
ii. the use of any existing nona-
gricultural building, except an
accessory building,is altered.
B. Application for a certificate of
occupancy shall be made to the
Building and Zoning Adminis-
trator as part of the application for
a building permit.A certificate of
occupancy shall be issued by the
Building and Zoning
Administrator following comple-
tion of the building permit activity
and a determination by the •
Building and Zoning
Administrator that the building III
and its proposed use complies with
this Ordinance and the provisions
of any permit issued pursuant
hereto.To the extent practicable,a
certificate shall be issued within
ten(10)days after the completion
of building permit activity. The
Building and Zoning Adminis-
Affidavit of Publication
• STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
LI b___---a\3etk, l`arnI c
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
CITY OF ELK RIM knowledge of the facts which are stated below:
NOTICE OF CORRECTION A) The newspaper has complied with all the
FOR ORDINANCE# ".1l
This notice is to make*comae- requirements constituting qualification as a qualified
tion to Ordinance 02-11 entitled
"An Ordinance of the City of Elk ' newspaper, as provided by Minnesota Statute 331A.02,
Rivet Amending Ordinances'900(Case 331A.07, and other applicable laws, as amended.
City Code of "�(Case � ��
No. OA 02 02b). 'Thin 9111)
ordina ce B) The printed h�� ±_ `�tn LGhc
was incorteetly numbered as 0243
and incorrectly stated the adop-
tion date as June 17,2002.The fol-
lowing corrections are noted: which is attached was cut from the columns of said
1,Ordinance number:02-11
2.Adoption Date:June 10,2002 newspaper, and was printed and published once each
Sandra A.Peine week, for I successive weeks; it was first published
i City Clerk
Jy31) on Wednesday, the [ S day of t
20 Off-- , and was thereafter printed and ublished every
Wednesday to and including Wednesday, the
day of , 20 ; 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.
abcdefghijklmnopgrstuvwxyz
BY: /t/' tjt—L—■
TITLE: 1 . !ll t r ( et e
Subscribed and sworn to before me on this )l da y of
ildy ,20(
< CINDY M. 'HIMINSKI
�1nIi w NOTARY PUB A� MIN 1 2005
1'�/
Notary Pub ' • •
RATE INFORMATION
(1) Lowest classified rate paid by A
commercial users for comparable space $ �c U
(2) Maximum rate allowed by law for
the above matter $ RVVI.
(3) Rate actually charged for the
above matter $ (/c 17 if