ORD 18-09Ordinance 18 - 09
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An Ordinance Amending Sections, 30-I, definitions and 30-1027, XCR extreme
commercial recreation 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 � Section 30-1, definitions of the City of Elk River Code of Ordinances shall be
amended to include the following definitions:
Active Recreation and Physical Endurance Facility means non -motorized leisure activities often requiring
equipment and taking Place at prescribed Places sites or fields Recreation requiring some building
of constructed obstacles and organized activities.
Conference and Event Center means a facility for service organizations business and professional
conferences, and seminars limited to accommodations for conference attendees
Festivals means the sale of ethnic specialty regional and gourmet foods arts and crafts live musical
Events such as amusement rides, animal events, art shows, concerts, craft fairs itinerant shows, and
religious revival meetings.
Lve Entertainment Establishment means a facility where any amplified or non -amplified musical act
(including karaoke), theatrical act (including stand-u_p comedy), plav revue scene dance act or song
and dance act, or any combination thereof, performed by one or more persons
Stva� Meet means periodic commercial activities held in an open area or an enclosed structure where
groups of sellers rent space on a short-term basis to display, barter, or sell ,goods to the public• or
one or more sellers bring goods for auctioning to the public.
SECTION 2. That § Section 30-1027, XCR extreme commercial recreation of the City of Elk
River Code of Ordinances shall be amended to read as follows:
a) Purpose. The extreme commercial recreation district is intended to provide lodgin retail,
etail
and a variety of commercial recreation uses that are more intense in nature than traditional
recreational uses. Some uses may include, but are not limited to, off road racing hotels and
training facilities.
b) Permitted uses.
1) Agriculture uses.
2) Business offices.
3) Horticulture uses.
4) Public parks.
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1.
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a. Hedge material must be at least three feet in height.
It. 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, ox
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.
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5)
Restaurants. class I (requires city serviced.
6)
Restaurants class I1 reaTes city serviced.
7)
Retail sales.
c)
Accessory uses.
1)
Overflow event parking.
2)
Signs as 12emiitted in section 30-851 et sea.).
3)
Structures, accessory.
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 are adhered to.
1)
Concrete /asphalt products and processigg
2)
Gravel mining.
3)
Home occupations conditional.
4)
Kennels commercial.
5)
Veterinary clinics.
6)
Wind turbines.
e)
Conditional uses.
1)
Active use storage.
2)
Active recreation and physical endurance facilities.
3)
Campground (fox a period of no more than seven consecutive days)
4)
Conference and event centers.
5)
Festivals.
6)
Hotels (requires city_serviced.
7)
Limited stay lodging.
8)
Live Entertainment Establishments.
9)
Off road racing facilities.
10) Outdoor storage provided the storage area:
a. Is accessory to a 1rindpal permitted interim. or conditional use: and
It. Complies with the accessory structure setback requirement applicable to the
property: and
c. Is no larger than 30 percent of the building area: and
d. Indudes screening so as to provide a visual barrier. Any such barrier shall
reduce visibi!4 in a manner that restricts vision of the object being screened,
1.
Last Updated March 2014
a. Hedge material must be at least three feet in height.
It. 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, ox
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.
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NATURE
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iii. A screening fence constructed of one or more of the following
materials:
a. Factory finished metal or vinyl panels.
b. Wood.
11) Swap meets.
12) Water sports facility.
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SECTION 3. 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 18th day of June, 2018.
'4 J. ietz, Mayor
ATTEST:
,--4, f
Tina Allard, City Clerk
Last Updated March 2014
F o t I a[ a ® Y
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Jessica Crabb being duly swom 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 06/23/2018 and the last
insertion being on 06/23/2018.
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: QN4
I III Designated Agent
Subscribed and sworn to or affirmed before
me on 06/23/2018 by Jessica Crabb,
Notary Public
"" DARLENE MARIE MACPHERSON
Notary Public -Minnesota
My Commission Expires Jan 31, 2019
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$23.00 per column inch
Ad ID 828450
CITY OF ELK RIVER
ORDINANCE 1S - 09
AN ORDINANCE
AMENDING SECTIONS,
30-1, DEFINITIONS AND
30-1027, XCR EXTREME
COMMERCIAL RECREATION
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 § Section
30-1, definitions of the City of Elk
River Code of Ordinances shall be
amended to include the following
definitions:
Active Recreation and Physical
Endurance Facility means non -mo-
torized leisure activities, often
requiring equipment and taking
place at prescribed places, sites,
or fields. Recreation requiring some
building of constructed obstacles
and organized activities.
Conference and Event Center
means a facility for service organi-
zations, business and professional
conferences, and seminars limited
to accommodations for conference
attendees.
Festivals means the sale of eth-
nic specialty, regional, and gourmet
foods, arts and crafts, live musical
entertainment, in an outdoor set-
ting. A recreational, social, educa-
tional, or cultural activity, open to
the public or a designated part of
the public. The provisions of rides,
games, food, and amusements
outside of permanent structures.
The use shall have a duration of
no more than 10 days in a month.
Events such as amusement rides,
animal events, art shows, concerts,
craft fairs, itinerant shows, and reli-
gious revival meetings.
Live Entertainment Establish-
ment means a facility where any
amplified or non -amplified musical
act (including kamoke), theatrical
act (including stand-up comedy),
play, revue, scene, dance act, or
song and dance act, or any combi-
nation thereof, performed by one or
more persons.
Swap Meet means periodic
commercial activities held in an
open area or an enclosed structure
where groups of sellers rent space
on a short -teen basis to display,
barter, or sell goods to the public;
or one or more sellers bring goods
for auctioning to the public.
SECTION 2 That § Section 30-
1027, XCR extreme commercial
recreation of the City of Elk Riv-
er Code of Ordinances shall be
amended to read as follows:
a) Purpose. The extreme com-
mercial recreation district is intend-
ed to provide lodging, retail, and
a variety of commercial recreation
uses that are more intense in na-
ture than traditional recreational
uses. Some uses may include, but
are not limited to, off road racing,
hotels, and training facilities.
b) Permitted uses.
1) Agriculture uses.
2) Business offices.
3) Horticulture uses.
4) Public parks.
5) Restaurants, class I (re-
quires city services).
6) Restaurants, class II (re-
quires city services).
7) Retail sales.
c) Accessory uses.
1) Overflow event parking.
2) Signs (as permitted in
section 30-851 at seq.).
3) Structures, accessory.
rQ 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 en-
sure the conditions of the interim
use are adhered to.
1) Concrete/asphalt prod-
ucts and processing.
2) Gravel mining.
3) Home occupations,
conditional.
4) Kennels, commercial.
5) Veterinary clinics.
fi) Wind turbines.
e) Conditional was.
1) Active use storage.
2) Active recreation and
physical endurance facilities.
3) Campground (for a peri-
od of no more than seven consecu-
tive days)
4) Conference and event
centers.
5) Festivals.
8) Hotels (requires city ser-
vices).
7) Limited stay lodging.
8) Live Entertainment Es-
tablishments.
9) Off mad racing facilities.
10) Outdoor storage, pro-
vided the storage area:
a. Is accessory to a princi-
pal permitted, interim, or condition-
al use; and
b. Complies with the ac-
cessory structure setback require-
ment applicable to the property;
and
C. Is no larger than 30 per-
cent of the building area; and
d. Includes screening so
as to provide a visual barrier. Any
such barrier shall reduce visibility in
a manner that restricts vision of the
object being screened, but is not
required to totally block the vision
of any such object.
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 suffi-
cient 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 -0f -
way unless otherwise approved by
the city engineer.
iii. A screening fence con-
structed of one or more of the fol-
lowing materials:
a.Factory finished metal
or vinyl panels.
nWood.
11) Swap meets.
12) Water sports facility.
SECTION 3. That this ordinance
shall take affect upon adoption and
be published as provided by law.
Passed and adopted by the City
Council of the City of Elk River this
18th day of June, 2018.
John J. Dietz, Mayor
ATTEST: Tina Allard
City Clerk
Published in the
Star News
June 23, 2018
828450