ORD 18-03ver
Ordinance 18 -03
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An Ordinance Amending Chapter 30, Sections 30-1022, 30-1023, 30-1024, 30-1025,
30-1026, 30-1292, 30-1293, 30-1294, 30-1295, 30-1562, 30-1565, and 30-1583, 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 Section 30-1022, C-1 central business district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-1022. - C-1 central business district.
(a) Purpose. The C-1 central business district is appropriate for retail, service, and commercial uses
to serve the shopping and service needs of the residents and surrounding community, as
distinguished from highway commercial uses. The central business district is intended to
encourage uses and designs that are consistent with the historic character of the central business
district. Emphasis shall be placed on pedestrian access and design standards with flexibility to
preserve the historic character of the central business district. Uses shall be designed to
eliminate any nuisance or incompatibility with surrounding uses.
(b) Permitted uses. Permitted uses in the C-1 district are as follows:
(1) Bed and breakfasts establishments non -homeowner -occupied (shall only be allowed in an
existing single family residential structure)
(2) Brewer taprooms (producing less than 10.000 barrels of malt liquor annualll)
(3) Brewpubs.
(4) Business offices.
(5) Day cares.
(6) Financial institutions.
(7) Firearms. sale of
(8) Funeral homes.
(9) Hotels.
(10) Outpatient healthcare facilities
(11) Personal service establishments.
(12) Physical recreation or training.
(13) Public parks.
(14) Restaurants. class I.
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(15) Retail sales.
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(c) Accessary uses. Accessory uses in the C-1 district are as follows:
(1) Parking lots.
(2) Private recreational facilities.
(3) Signs (as permitted in section 30-851 et sea.).
(4) Structures. accessory
(1) Signs as permAtted in see6oft-30-954-ets�.
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(d) Conditional uses. Conditional uses in the C-1 district are as follows:
(1) Apartments (subordinate to the principal use).
(2) Brewer taprooms, (producing less than 10,000 or more barrels of malt liquor annuall4Z
(3) Commercial recreational facilities.
(4) Governmental facilities.
(5) Institutional uses.
(G) Kennel commercial
(7) Liquor establishments. on -sale.
(8) Motor vehicle service stations.
(9) Nonprofit clubs, lodges or halls.
(10) Residential. multiple -fan* (provided that business/commercial uses occcv the ground
floor below the residential use).
(11) Restaurants. class II.
(12) Saunas, steam baths, and heat -bathing rooms.
(4) Noftpi-afit clubs, lodges of hftll-s.
(2) h..,...,s.... macs
(T) Mvivc vehiel-
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(14) Produce rnftA cig
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building materials applies to this district.
SECTION 2. That § 30-1023, C-2 office district of the City of Elk River Code of Ordinances shall
be amended to read as follows:
Sec. 30-1023. - C-2 office district.
(a) Purpose. The C-2 office district is intended to buffer residential districts from arterial streets or
from commercial districts and to provide a district which is compatible with and may
reasonably adjoin residential districts. The office district provides for the location and
development of offices and other service and light commercial uses which are subject to more
restrictive controls.
(b) Permitted uses. Permitted uses in the C-2 district are as follows:
(1) Bed and breakfast establishments non -homeowner -occupied.
(2) Business offices.
(3) Day cares.
(4) Financial institutions.
(5) Funeral homes.
(6) Outpatient health care facilities.
(7) Personal service establishments.
(8) Public parks.
(1) -Business end pizefessional offiees.-
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(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building materials applies to this district.
SECTION 2. That § 30-1023, C-2 office district of the City of Elk River Code of Ordinances shall
be amended to read as follows:
Sec. 30-1023. - C-2 office district.
(a) Purpose. The C-2 office district is intended to buffer residential districts from arterial streets or
from commercial districts and to provide a district which is compatible with and may
reasonably adjoin residential districts. The office district provides for the location and
development of offices and other service and light commercial uses which are subject to more
restrictive controls.
(b) Permitted uses. Permitted uses in the C-2 district are as follows:
(1) Bed and breakfast establishments non -homeowner -occupied.
(2) Business offices.
(3) Day cares.
(4) Financial institutions.
(5) Funeral homes.
(6) Outpatient health care facilities.
(7) Personal service establishments.
(8) Public parks.
(1) -Business end pizefessional offiees.-
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(c) Accessory uses. Accessory uses in the C-2 district are as follows:
(5) Parking lots.
(6) Private recreational facilities.
(7) Signs (as permitted in section 30-851 et seta).
(8) Structures. accessory.
(1) Signs fts pennitted in seetieft 30 851 et 9eq.
(2) Off street paf6ng�.
(4) Telephone boaths.
(6) n__t,t:_ _Letters and essential
(d) Conditional uses. Conditional uses in the C-2 district areas follows:
(1) Governmental facilities.
(2) Institutional uses.
(3) Saunas, steam baths and heat -bathing rooms
(3) Si*e faft-Ay dwellings.
(4) , aarmacxarnr�nons
(S) FtIfleralV-1—
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(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building materials applies to this district.
SECTION 3. That § 30-1024, C-3 highway commercial district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-1024. - C-3 highway commercial district
(a) Purpose. The purpose of the C-3 highway commercial district is to recognize the need for
commercial establishments on or serving with immediate access to major highways. Permitted
land uses should take advantage of the highway access in a manner which other business
districts are not afforded. In addition to retail and commercial uses, quasi -industrial and
wholesale enterprises that do not meet an industrial setting and have considerable customer
contact are acceptable in the highway commercial district.
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) Brewer taprooms (producing less than 10,000 barrels of malt liquor annually).
(2) Brewpubs.
(3) Business offices.
(4) Carwash facilities.
(5) Day cares.
(6) Dry cleaning establishments.
(7) Financial Institutions.
(8) Firearms, sale of
(9) Funeral homes.
(10) Garden centers.
(11) Hotels.
(12) Liquor establishments. on -sale.
(13) Motels.
(14) Motor vehicle service stations.
(15) Motor vehicle sale maintenance and repair prohibited).
(16) Personal service establishments.
(17) Physical recreation and training.
(18) Produce markets.
(19) Public parks.
(20) Restaurants class I
(21) Restaurants class II
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(c) Accessory uses. Accessory uses in the C-3 district are as follows:
(1) Cocktail rooms.
(2) Outdoor display (not to exceed 1% of the lot are
(3) Parking Lots
(4) Private recreational facilities.
(5) Signs (as pertnitted in section 30-851 et sec 1
(6) Structures, accessory.
(1) Signs fts pem-itted in seetion 30 851 et seq.
(2) Off street paAdng fiteihdke�.
�3) Off street laftdit��
(4) Telephone booms:
(5) Piivate `xeereanvr lrrtraf-ecmncs
(6) Dublie shelters .ad .00uaAni
acav aces
(d) Conditional uses. Conditional uses in the C-3 district areas follows:
(1) Brewer taprooms (producing 10,000 or more barrels of malt liquor annually).
(2) Commercial recreational facilities.
(3) Equipment rentals.
(4) Governmental facilities.
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(5) Institutional uses.
(6) Landscaping Contractor Yards outside of the Urban Service District)
(7) Liquor establishments off -sale (municipally owned).
(8) Manufacturing light (enclosed with related retail sales).
(9) Microdistilleties.
(10) Ministorage (provided that the use is on unplatted land outside the urban service district).
(11) Motor vehicle repair shops.
(12) Motor vehicle sales.
(13) Motor vehicle specialty service stations.
(14) Pawnshops
(15) Saunas steam baths and heat -bathing rooms.
(16) Shopping centers.
(17) Veterinary clinics.
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(9) Shopping eenters.
(16) Motor velsielespe6o'-- shops.
Ily
(4 8) Reserved.
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(e) Arcbitectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building finish and subsection 30-938(3) pertaining to roofs applies to this district.
SECTION 4. That § 30-1025, C-4 community commercial district of the City of Elk River Code
of Ordinances shall be removed in its entirety.
( ) J b and '
(3) Peisonal gerviee ftfid repair establishments, seeh as b"ber-shaps
fted beau y shops, shoe
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SECTION 5. That § 30-1026, DD downtown district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-1026. - DD downtown district
(a) Purpose. As downtown Elk River changes, future preservation as well as any new
construction should reinforce the general character and quality of the existing downtown. The
design of new construction should take into consideration the location of the proposed building(s)
as well as incorporate traditional design elements and techniques that are currently represented in
existing structures.
The intent of the downtown district is to preserve this distinctive character with the appearance
that there are multiple buildings that are distinctly different from one another yet will allow a
uniform mass of building with the appearance of vertical separation. These standards shall be the
framework for any new development and designs shall strive for creative traditional architectural
character, while clearly being an expression of the architecture of its own time.
(b) Permitted uses. The following uses shall be permitted uses in the downtown district, subject to the
design standards set forth in subsections (e) and (f) and the site plan review process set forth in
subsection (g) of this section:
(1) Brewer taprooms (producing less than 10,000 barrels of malt liquor annually).
(2) Brewpubs.
(3) Business offices.
(4) Commercial recreational facilities.
(5) Day cares.
(6) Dry cleaning establishments.
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SECTION 5. That § 30-1026, DD downtown district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-1026. - DD downtown district
(a) Purpose. As downtown Elk River changes, future preservation as well as any new
construction should reinforce the general character and quality of the existing downtown. The
design of new construction should take into consideration the location of the proposed building(s)
as well as incorporate traditional design elements and techniques that are currently represented in
existing structures.
The intent of the downtown district is to preserve this distinctive character with the appearance
that there are multiple buildings that are distinctly different from one another yet will allow a
uniform mass of building with the appearance of vertical separation. These standards shall be the
framework for any new development and designs shall strive for creative traditional architectural
character, while clearly being an expression of the architecture of its own time.
(b) Permitted uses. The following uses shall be permitted uses in the downtown district, subject to the
design standards set forth in subsections (e) and (f) and the site plan review process set forth in
subsection (g) of this section:
(1) Brewer taprooms (producing less than 10,000 barrels of malt liquor annually).
(2) Brewpubs.
(3) Business offices.
(4) Commercial recreational facilities.
(5) Day cares.
(6) Dry cleaning establishments.
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(7) Financial institutions.
(8) Hotels.
(9) Nonprofit clubs, lodges or halls
(10) Outpatient health care facilities
(11) Personal service establishments.
(12) Physical recreation and training.
(13) Public parks.
(14) Residential. multiple -family Provided that business/commercial uses at street level occupy
the floor .
(15) Restaurants. class I.
(16) Retail sales.
(3) Ret&A states ftnd shops.
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(40) Physie2d teffeafien and
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(c) Accessory uses. Accessory uses in the downtown district are as follows:
(1) Firearms_ sale of.
(2) Parking lots.
(3) Private recreational facilities.
(4) Signs (as permitted in section 30-851 et sec
(1) Off street pafkiag-fikeili�.
(2) Off st±eet leading faedities.
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(d) Conditional uses. The following uses shall be conditional uses in the downtown district, subject to
the design standards set forth in subsections (e) and (f) and the procedures and standards for
the approval of conditional use permits set forth in sections 30-651 through 30-659 of this
chapter:
(1) Brewer tyrooms. (produces 10.000 or more barrels of malt liquor annuallvl.
(2) Funeral homes.
(3) Governmental facilities.
(4) Institutional uses. (worship facilities onlvl
(5) llAuor establishments. on -sale.
(6) Produce markets.
(7) Saunas steam baths and heat -bathing rooms.
SECTION 6. That § 30-1292,1-1 fight industrial district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
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Sec. 30-1292. - I-1 light industrial district.
(a) Purpose. The I-1 district shall serve as a transition between more industrial uses and residential
and other business uses. This district is appropriate for manufacturing, warehousing, and similar
industrial uses because of access to warehousing, thoroughfares, the full complement of urban
services such as sewer and water, and distance from residential districts. These areas are
intended to encourage the development of industrial uses which are clean, quiet, and free of
hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants.
These industries shall be compatible with each other and with surrounding land uses.
(b) Permitted uses. Permitted uses in the I-1 district are as follows:
(1) Business offices.
(2) Manufacturing, light.
(3) Research and development facilities
(4) Warehouse spaces.
(5) Wholesale businesses.
{2}-�/arehense�
(4) Wholesale bttsinesses.
(6) Light
mttst be sent Ea aH
property
(c) Axessory uses. Accessory uses in the I-1 district are as follows:
(1) Cocktail rooms.
(2) Parking lots.
(3) Retail sales.
a. The retail sales activity is not located in an administrative office facility, but is located
within a business the principal use of which is not commercial sales
b. The retail sales activity does not occupy more than 15 percent of the gross floor area
of the occupied quarters.
c. The retail sales activity is accessory to the principal use
d. No sign identl jng the retail sales is visible from the outside of the building
(4) Signs as permitted in section 30-851 et seq.
(5) Structures. accessory.
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(d) Conditional uses. Conditional uses in the I-1 district areas follows:
(1) Brewer taprooms.
(2) Bus storage Not to exceed ten buses unless the property has direct access to an arterial ox
collector street.
(3) Commercial recreational facilities.
(4) Dry cleaning establishments.
(5) Government facilities.
(6) Landscaping Contractor Yards.
(7) Iylicrobreweries.
(8) Motor vehicle trailer, and/or equipment sales.
(9) Outdoor storage (accessory to principal usel.
(10) Recycling processing centers.
Residential single fapI4 accessory to principal uses provided that:
b The proposed dwelling unit is designed for and will be used exclusively by caretakers
or security_ personnel responsible for the security of the property and the prtncmal use
thereof.
C. The proposed building unit will be occupied by no more than two persons, neither
of whom may be under 18 years of age.
d There will be only one dwelling unit per lot or, if one principal use is located on
several adjoining lots per principal use
e The proposed dwelling unit will not exceed 800 square feet in size and will be located
within a building serving the principal use of the property which is no less than 10,000
square feet in size.
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f. The principal use of the ProveM is not of such a nature that it would be dangerous
or hazardous to residents of the proposed dwelling unit
g. The proposed dwelling unit meets all other requirements of this Code and Minnesota
welfare of persons who may occupy the proposed dwelling unit impose additional
reasonable requirements or conditions on the construction and use of the dwelling unit
principal use Any conditional use permits granted under this section shall therefore
automatically expire if the principal use of the roperty changes or the ownership of either
the property or the principal use of the property changes
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(e) Arcbitectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building finish and subsection 30-938(3) pertaining to roofs applies to this district.
SECTION 7. That § 30-1293, I-2 medium industrial district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-1293. - I-2 medium industrial district.
Purpose. The I-2 district is intended to accommodate more intense manufacturing and processing
than would be allowed in the I-1 district. Proposed uses would include manufacturing,
production, warehousing with heavy truck traffic and other uses which may generate nominal
off-site impacts.
(b) Permitted uses. Permitted uses in the I-2 district are as follows:
(1) All uses allowed as a permitted use in the I-1 zone.
(2) Bottling and distribution facilities.
(3) Business offices.
(4) Dry leaning establishments.
(5) Manufacturing. light.
(6) Microbteweries.
(7) Motor vehicle repair shoos.
(8) Research and development facilities.
(9) Warehouse spaces.
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(10) Wholesale businesses.
(4) Offiees.
(2) kN ltelesale-bu--;a.;.sseS
(3) Light manufft
f 4}—kil{azertiro�ases
(5) Auto tepffir shops,.
(6) Battling and dis"ibotioti.
1611 _ties.
(8) Nledieal,
(9) All .____ -"Heweda ft the r 4 zone.
r
(40) Dry 6-1-an—ing establishment.
(11) Mierabr-eweries,
(c) Accessory uses. Accessory uses in the I-2 district are as follows:
(1) Cocktail rooms.
(2) Parking lots.
(3) Signs, excluding advertising signs (as permitted in section 30-851 et sec
(4) Structures. accessory.
(2) Signs as permitted in seetietii 30 854 et seq.
(3) Goek+sil roorns
(d) Conditional uses. Conditional uses in the I-2 district are as follows:
(1) All uses allowed as a conditional use in the I-1 zone
(2) Anitnal and poultry processing.
(3) Brewer taprooms.
(4) Bus, motor vehicle_ and implement storage maintenance and repair.
(5) Commercial recreational facilities.
(6) Concrete /asphalt products and processing
(7) Foundry, casting, or forging metals.
(8) Government facilities.
(9) Landscaping Contractor Yards
(10) Manufacturing, hea4L
(11) Meat or fish packing,
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(12) Railyards.
(13) Smarts advertising (m accordance with section 30-875.)
(14) Truck terminals.
(e) Architectural standards. No provisions of section 30-938 except subsection 30-938(2) pertaining
to exterior building finish and subsection 30-938(3) pertaining to roofing standards applies to
this district.
SECTION 8. That § 30-1295,1-3 general industrial district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-+2451294. - I-3 general industrial district.
(a) Purpose. The I-3 district shall serve as a general industrial zone to provide area for industrial
development not requiring municipal water and sewer. This district is appropriate for
manufacturing, warehousing, and similar industrial uses because of access to warehousing.
These areas are intended to encourage the development of industrial uses which are clean, quiet,
and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or
other pollutants. These industries shall be compatible with each other and with surrounding
land uses.
(b) Permitted uses. Permitted uses in the I-3 district are as follows:
(1) Bottling and distribution
(2) Business offices.
(3) Manufacturing.4ht.
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(6) —True4 tetrniiials.
(e) Architectural standards. No provisions of section 30-938 except subsection 30-938(2) pertaining
to exterior building finish and subsection 30-938(3) pertaining to roofing standards applies to
this district.
SECTION 8. That § 30-1295,1-3 general industrial district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-+2451294. - I-3 general industrial district.
(a) Purpose. The I-3 district shall serve as a general industrial zone to provide area for industrial
development not requiring municipal water and sewer. This district is appropriate for
manufacturing, warehousing, and similar industrial uses because of access to warehousing.
These areas are intended to encourage the development of industrial uses which are clean, quiet,
and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or
other pollutants. These industries shall be compatible with each other and with surrounding
land uses.
(b) Permitted uses. Permitted uses in the I-3 district are as follows:
(1) Bottling and distribution
(2) Business offices.
(3) Manufacturing.4ht.
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(4) Motor vehicle repair shous
(5) Research and development facilities
(6) Warehouse spaces.
(7) Wholesale businesses.
(c) Accessory uses. Accessory uses in the I-3 district are as follows:
(1) Parking lots.
(2) Retail sales. provided:
a. The retail sales activity is not located in an administrative office facility but is located
within a business the principal use of which is not commercial sales
b. The retail sales activity does not occupy more than 15 percent of the gross floor area of
the occupied quarters.
c. The retail sales activity is accessory to the principal use
d. No sign identifying the retail sales is visible from the outside of the building_
(3) Signs (as permitted in section 30-851 et seq.).
(4) Structures accessory.
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(d) Conditional rarer. Conditional uses in the I-3 district are as follows:
(1) Animal and poulM processing
(2) Bus motor vehicle and implement storage maintenance and repair.
(3) Chernical storage/bulk storage of fuel e.g.. petroleum.
(4) Concrete /asj2halt products and processing.
(5) Commercial recreational facilities.
(6) Foundry casting. or forging metals.
(7) Government facilities.
(8) Grain and feed elevators and mills.
(9) Kennel. commercial.
(10) Landscaping Contractor Yards.
(11) Manufacturing. heavy.
(12) Meat or fish packing.
(13) Ministorage.
(14) Outdoor storage accessory to principal use).
(15) Railyards.
(16) Recycling processing centers.
(17) Salvage yards.
(18) Sexually -oriented land uses.
(19) Single family residential dwelling units accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or hig
hour a -day caretaker or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively by
caretakers or security personnel responsible for the security of the property and the
principal use thereof.
c. The proposed dwelling unit will be occupied by no more than two persons, neither
of whom may be under 18 years of age.
d. There shall be only one dwelling unit per lot or, if one principal use is located on
several adjoining lots ger principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will be
located within a building serving theprincipal use of the property which is no less
than 10,000 square feet in size.
f.
g. The proposed dwelling unit meets all other requirements of this Code and the
Minnesota Uniform Building Code for occupancy as a dwelling unit by a single
family. The cily council mai if it finds it necessary to do so for the protection of
the health safety and welfare of persons who may occupy the proposed dwelling
unit rose additional reasonable requirements or conditions on the construction
and use of the dwelling unit.
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h. The conditional use allowing such a dwelling unit in an industrial zone is deemed
(20) Truck terminals.
(4) ArAmftl
and pffdkry��.
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(9) Feve=r>��offiees
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(e) Anbitectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to
building finish and subsection 30-938(3) pertaining to roofs applies to this district.
SECTION 9. That § 30-1294, BP business park district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Sec. 30-12951294. - BP business park district.
(a) Purpose.
(1) The business park district is established to encourage a planned, integrated environment
for certain industrial, office, and commercial uses, which ate compatible with and
complement each other as well as the surrounding land uses. The underlying land use
designation within the district may vary and may be either light industrial or highway
business. Development within the business park district will correspond with the land use
designation. Industrial and office uses are allowed where the land use designation is light
industrial, and commercial uses are allowed where the land use designation is highway
business.
(2) It is the intent of this section that development reflect common themes using compatible
architectural design and consistency in signage, landscaping, and lighting. It is also the
intent to encourage businesses, which generate a high number of jobs per square foot
rather than predominantly warehouse type uses.
(b) Permitted uses. Permitted uses in the BP district are as follows
(1) Business offices.
(2) Mail order operations.
(3) Manufacturing, light.
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(4) Research and development facilities
(5) Sherburne County Fair.
(6) Office/Showroom spaces
() Warehouse spaces (not exceeding 50 percent of the entire building)
i. Repftii- and i
(c) Accessory uses. Accessory uses in the BP district are as follows:
(1) Cocktail rooms.
(2) Massage. therap
(3) Parking lots.
(4) Retail sales.,
a. The
shall be located within a business the principal use of which is not commercial
sales.
b. The retail sales activity shall not occupy more than 15 percent of the gross floor
area, or a maximum of 5.000 square feet of the occupied quarters whichever is
less.
c. The retail sales activity shall be related and subordinate to the principal use
d. No sign identif iang or promoting that retail sales occur within the building shall
be visible from outside the building.
e. Freestanding retail shops and stores shall be limited to those which complement
other uses within the business park and provide a service to those other
businesses, and shall not exceed 20.000 square feet in size
f Retail/wholesale sales incidental to products manufactured assembled of
warehoused on the premises may be permitted as an accessory use provided no
more than ten percent of the building is used for retail/wholesale sales
(5) Signs (as permitted in section 30-851 et seq).
(6) Structures. accessory (provided the materials are the same as those of the existing
principal structure).
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(d) Conditional user. Conditional uses in the BP district are as follows:
(1) Brewer taprooms.
(2) Government facilities.
(3) Loading areas /overhead doors when located in front yards.
(4) Microbreweries.
(5) Microdistilleties.
(6) Motor vehicle repair shops provided that they meet the following conditions:
a. All repair services shall be conducted inside the building.
b. Merchandise shallbe stored inside the building.
c. All damaged vehicles stored on theremises shall be stored within an at
d. The building shall comply with the material requirements of this section. and 30
percent of ay building face and all overhead doors facing any public street shall be
constructed of glass material.
e. No sales or display of merchandise outside the building.
f. The building shall be a minimum of 15,000 square feet.
(7) Outdoor storage provided the storage area:
a Is accessory to a primal permitted or conditional use: and
b Complies with the accessory structure setback requirement applicable to the
proneM; and
C. Is no lamer than 30 percent of the building area: and
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d. Includes screening so as to provide a visual barrier any such barrier shall reduce
1. Screening shall consist of two or more of the following:
i. A compact evergreen or deciduous hedge or evergreen overstory and
ornamental trees of sufficient width and density: or
a. Hedge material must be at least three feet in height
b. Deciduous trees must be at least two inches in diameter as measured six
inches above the ground
C. Coniferous trees must be at least six feet in height
ii. An earth berm of sufficient height to provide an effective screen throughout
the year: or
a. Earth berms shall not have a slope of more than three feet horizontal to
one foot vertical or be located within any street right-of-way unless otherwise
approved by the city engineer.
iii. A screening fence constructed of one or more of the following materials,
a. Factory finished metal or vinyl panels
b. Wood.
(S) Storage tanks (aboveground).
(9) Warehouse space (exceeding 50 percent of the total building floor area up to a maximum
of 65 percentl.
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(e) Additional standards. The following additional standards apply in the BP district:
(1) Loading spaces and overhead doors.
a. Loading spaces/overhead doors shall be located in designated rear yards and
secondarily in designated side yards. Loading areas/overhead doors shall not be
located in designated front yards unless approved as a conditional use.
b. Loading spaces and overhead doors shall be designed to be compatible with the
principal building. Architectural techniques and landscaping shall be employed to
reduce visual impacts from adjacent properties and roadways.
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(2) Dumpsters and refuse enclosures.
a. All dumpsters shall be completely screened from public view by using enclosures
constructed of similar material as the principal building.
b. Refuse enclosures shall include gates and be located in designated rear or side yards.
(3) Rooftop orgmund electrical equipment; signs.
a. All utility equipment shall either be:
1. Screened from the eye level view of adjoining properties by use of exterior walls
and/or landscaping;
2. Painted to match or complement the building structures; or
3. Incorporated into an architectural design, as approved by the building and zoning
administrator.
b. Notwithstanding the provisions of subdivision II of division 5 of this article, the
following requirements regarding signage shall be met:
1. All freestanding signage shall be of a monument style sign and have a maximum
size of 64 square feet and height of eight feet.
2. One on -premises business wall sign per occupancy, not to exceed two square feet
in sign area for each linear foot of the building frontage up to a maximum of 128
square feet per occupancy, is permitted.
(4) Exterior building fnisbes.
a. It is the intent of the city to promote and encourage high standards of creative
architectural design in the business park district.
b. In the business park zoning district, the following are acceptable building materials
and finishes:
1. Brick.
2. Natural or cut stone.
3. Integrally colored split face (rock face), burnished, or glazed concrete masonry
unit (excluding plain or painted).
4. Integrally colored and exposed aggregate precast concrete panels (excluding
single -T or double -T panels, plain, uncolored, or raked finish) or specially
designed, cast -in-place concrete.
5. Glass, architectural metal, fiberglass and aluminum, provided such panels are
factory fabricated and finished with a durable nonfade surface and their fasteners
are of a corrosion -resistant design.
6. Stucco, E.I.F.S., and other cementitious coating.
7. Wood, provided the surfaces are finished for exterior use or wood of proven
exterior durability is used, such as cedar, redwood, and/or cypress.
8. Other materials determined as acceptable by the planning department.
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C. Major exterior surfaces that are adjacent to any public street, public trail/path, or
adjacent residentially zoned properties shall be of one of the acceptable materials and
shall be combined with at least 30 percent of one or more acceptable materials, or with
40 percent punched openings, with or without glass (or as much as allowed by the
Uniform Building Code, whichever is less), neither of which are to be concentrated in
any one location, unless to accentuate a design feature. Major exterior surfaces that are
visible from but not adjacent to any public street, public trail/path, or adjacent
residentially zoned properties shall be considered transition walls and may have less
than the 30 percent combination or less than 40 percent punched openings, but either
shall not be reduced to zero percent). Reductions below 20 percent shall require staff
approval. Such walls shall be screened from view with additional landscaping. The
requirement to have at least 30 percent of one or more acceptable materials shall not
apply to the loading dock wall.
d. Major exterior surfaces that are adjacent to any public street, public trail/path, or
adjacent residentially zoned properties shall not exceed 160 feet zero inches in length
without a minimum four -foot depth change (recesses, protrusions, or a combination
thereof), with at least two feet of such change to be in the entire height of the facade.
e. Alternatively, exterior wall surfaces are to be designed with architectural interest
through multiple design techniques such as, but not limited to, architectural forms,
reveals, textures, cornice detailing, changes in surface planes, color, punched openings
and/or changes in parapet elevations. The use of design techniques alone or lower
percentage of additional acceptable materials noted in subsection (e)(4)c. of this
section shall require site plan review and approval by the city planning commission.
f. The building shall be designed so as to prevent the appearance of straight, unbroken
lines in the horizontal and vertical surfaces.
g. Main entrances shall be emphasized with a complementary material which is different
from the primary building material.
h. Garage doors shall have a color that matches or coordinates with the building's
primary body color.
i. The building shall be designed to screen equipment located on the roof of the
building. Alternatively, such equipment shall be located in such a manner so that it
cannot be seen from the adjacent public street, public path/trail, or adjacent
residentially zoned property at the same elevation of the first floor of the building.
(5) Landscaping. Notwithstanding the provisions of subdivision W of division 5 of this article,
the following requirements shall be met:
a. Of the total number of overstory trees required, a minimum of 25 percent shall be
ornamental trees and 25 percent shall be conifer trees.
b. A landscaping credit of up to 25 percent may be given to a site plan which contains
exterior sculptures, fountains, ponds beyond those required for storm drainage and
other site enhancements as approved by the building and zoning administrator.
C. Underground irrigation shall be installed within the front yard and all landscaped areas
adjacent to a public right-of-way.
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SECTION 10. That § 30-1562, A-1 agricultural conservation district of the City of Elk River
Code of Ordinances shall be removed in its entirety.
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SECTION 11. That § 30-1565, AR agricultural research district of the City of Elk River Code of
Ordinances shall be amended to read as follows:
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Sec. 30-1565. - AR agricultural research district.
(a) Purpose. The agricultural research district is established for the purpose of preserving and
maintaining the use of land for agricultural research.
(b) Permitted uses. Permitted uses in the AR district are as follows:
(1) Roadside sales stands (in connection with approved agricultural research facilities
(2) Public Parks
(4) Single fari* dweRings.
.
(c) Accessory uses. Accessory uses in the AR district are as follows:
(1) Parking lots.
(2) Private recreational facilities
(3) Structures. accessory
(d) Conditional uses. Conditional uses in the AR district are as follows:
(1) Agricultural research facilities
(2) Agricultural uses
(e) Standards. Additional standards in the AR district are as follows:
Landscaping shall be provided in accordance with article VI, division 5, subdivision N, of this
chapter.
(2) Signage. In addition to complying with article VI, division 5, subdivision II, of this
chapter, the following requirements shall be met: One freestanding monument style sign
shall be allowed, not to exceed ten feet in height and 64 square feet in sign area.
SECTION 12. That § 30-1583, CRT commercial reserve transition district of the City of Elk
River Code of Ordinances shall be amended to read as follows:
Sec. 30-1583. - CRT commercial reserve transitional district.
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(a) Purpose.
(1) To allow existing uses to remain conforming until such time as redevelopment is consistent
with the comprehensive guide plan, at which time the city will consider changing the
zoning designation.
(2) To provide for orderly redevelopment of contiguous parcels of land.
(3) To discourage piecemeal, lot -by -lot development or leapfrog development that would
result in the isolation or inefficient re -use of existing parcels of land.
(4) To ensure that contiguous parcels of land are served with adequate access and public
infrastructure and that appropriate right-of-way width is established.
(b) Permitted uses.
(1) Agdculture uses (ten -acre lots or more).
(2) Horticultural uses(ten acre lots or more Conditional Use Permit in preserved open space).
(3) Public parks.
(4) Residential, single-family.
(c) Accessory uses.
(1) Parking lots.
(2) Signs (as permitted in section 30-851 et seq.)
(3) Structures. accessory.
(4) Wayside stands (in preserved open space).
(d) Interim uses. Interim uses shall be permitted for no more than five years, or when the property is
platted, whichever occurs first. The city may require an escrow to ensure the conditions of the
interim use ate adhered to.
(1) Asphalt and concrete plant.
(2) Business offices (maximum gross floor area of 10,000 square feet).
(3) Commercial recreations facilities.
(4) Cooperative gardening (in preserved open space).
(5) Gravel mining.
(6) Home occupation conditional
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(7) Horticulture uses preserved open space).
(8) Kennels. commercial
(9) Outdoor storage (provided accessory to a permitted conditional or interim use.
(10) Stables private (in preserved open space
(11) Veterinary clinics.
(12) Wind turbines.
(8) V -
(9) GE)"ditiemd he
(11) 14orrie h n , uses in --ed open
(111) Ou -e a
a r Y Y e
, ot interim
e
use.
SECTION 13. 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 19th day of March, 2018.
l�
J n J etz,
ATTEST:
.--,I rf
Tina Allard, City Clerk
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rAA'fAEI Ar
Ifr1A�'URE
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(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 04/14/2018 and the last
insertion being on 04/14/2018.
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: J/ I V Cn
Designated Agent
Subscribed and sworn to or affirmed before
me on 04/14/2018 by Darlene MacPherson.
Notary Public
P
Notary Public -Minnesota
My Commission Expires Jan 31, 2021
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$23.00 per column inch
Ad ID 802755
CITY OF ELK RIVER
RESOLUTION 18-18
A RESOLUTION OF THE
CITY OF ELK RIVER
APPROVING NOTICE OF
SUMMARY PUBLICATION
OF ORDINANCE NO.
18-03, AN ORDINANCE
AMENDING CHAPTER
30, SECTIONS 30-1022,
ENTITLED "C -t CENTRAL
BUSINESS DISTRICT";
30-1023, ENTITLED "C-2
OFFICE DISTRICT"; 30-1024,
ENTITLED "C-3 HIGHWAY
COMMERCIAL DISTRICT";
30-1025, ENTITLED "C-4
COMMUNITY COMMERCIAL
DISTRICT'; 30-1026,
ENTITLED "DD DOWNTOWN
DISTRICT'; 30-1292,
ENTITLED 9-1 LIGHT
INDUSTRIAL DISTRICT";
30-1293, ENTITLED "1-2
MEDIUM INDUSTRIAL
DISTRICT"; 30-1294,
ENTITLED "BP BUSINESS
PARK DISTRICT"; 30-1295,
ENTITLED "1-3 GENERAL
INDUSTRIAL DISTRICT';
30-1562, ENTITLED
"A-1 AGRICULTURAL
CONSERVATION DISTRICT";
30-1565, ENTITLED "AR
AGRICULTURAL RESEARCH
DISTRICT'; AND 30-
1583, ENTITLED "CRT
COMMERCIAL RESERVE
TRANSITIONAL DISTRICT",
OF THE CITY OF ELK RIVER,
MINNESOTA, CITY CODE
WHEREAS, on March 19, 2018,
the Elk River City Council adopted
Ordinance No. 18-03 amending
Sections 30-1022, entitled "C-1
central business district"; 30-
1023, entitled "C-2 office district";
30-1024, entitled "C-3 highway
commercial district"; 30-1025, an -
titled "C-0 community commercial
district"; 30-1026, entitled "DD
downtown district"; 30-1292, an -
titled "I-1 light industrial district";
30-1293, entitled 1-2 medium in-
dustrial district"; 30-1294, entitled
"BP business pads district"; 30-
1295, entitled "1-3 general industri-
al district"; 30-1562, entitled "A-1
agricultural conservation district';
30-1565, entitled "AR agricultural
research district"; and 30-1583,
entitled "CRT commercial reserve
transitional district"; and
WHEREAS, Minnesota Statutes,
Section 412.191, Subd. 4 allows
publication by title and summary in
the case of lengthy ordinances; and
WHEREAS, the City Council
finds that the following summary
will clearly inform the public on the
intent and effect of Ordinance No.
18-03; and
WHEREAS, a copy of the full teat
of Ordinance No. 18-03 is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during reg-
ular business hours - 8:00 a.m. to
4:30 p.m., Monday through Friday.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Bk River, Minnesota, as fol-
lows: That the City Council, by at
least four-fifths votes, authorizes
publication of the title and the fol-
lowing summary of Ordinance No.
18-03.
PUBLIC NOTICE
During their March 19, 2018,
meeting, the City Council adopted
Ordinance No. 18-03, an ordinance
amending Sections 30-1022, enti-
tled "C-1 central business district";
30-1023, entitled "C-2 office dis-
trict`, 30-1024, entitled "C-3 high-
way commercial district"; 30-1025,
entitled "C-4 community commer-
cial district"; 30-1026, entitled "DD
downtown district'; 30-1292, en-
dued "I-1 light industrial district";
30-1293, entitled 9-2 medium in-
dustrial district"; 30-1294, entitled
"BP business park district"; 30-
1295, entitled 1-3 general industri-
al district"; 30-1562, entitled "A-1
agricultural conservation district",
30-1565, entitled "AR agricultural
research district"; and 30-1583,
entitled "CRT commercial reserve
transitional district'
In summary, Ordinance No. 18-
03 makes the following changes to
the aforementioned sections of the
city code:
1. Incorporation of definitions
approved with Ordinance No. 18-
03 for permitted, accessory, and
conditional uses in the aforemen-
tioned sections.
2. Combine like uses.
3. Remove was no longer rel-
evant or those that have been
determined not to be the highest
and best use with a given zoning
district.
4. Shift conditional uses, not
anticipated to negatively affect the
public health, safety, and general
welfare of the residents, to permit-
ted uses.
5. Alphabetize uses within each
of the respective zoning districts.
Passed and adopted this 2nd
day of April, 2018.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
April 14, 2018
802755