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93-011 ORD ORD INANCE 93 - ..lL CITY OF ELK RIVER e AN ORDINANCE AMENDING SECTIONS 900.08, 900.12 AND 900.20 OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO MAKE ZERO LOT LINE DEVELOPMENT A CONDITIONAL USE IN CERTAIN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS The City Council of the City of Elk River does hereby ordain as fOllows: Section 1: Section 900.08 of the Elk River Code of Ordinances ia hereby amended to add the following definition of zero lot line development, which shall read as follows: ZERO LOT LINE DEVELOPMENT: The development or use of land where a structure or parking area is allowed to be constructed over a property line. Section 2: Section 900.12 of the Elk River Code of Ordinances i$ hereby amended to add the following new subsections, which make z~ro lot line development a conditional use in certain residential, c~mmercial and industrial zones: ! 900.12 (6) (c) (vii) Zero Lot Line Development 900.12 (7) (c) (vi) Zero Lot Line Development e 900.12(8) (c) (ix) Zero Lot Line Development 900.12 (9) (c) (xii) Zero Lot Line Development 900.12 (10) (c) (xx) Zero Lot Line Development 900.12 (11) (c) (xiii) Zero Lot Line Development 900.12(12) (c) (xxiv) Zero Lot Line Development 900.12 (13) (c) (xiii) Zero Lot Line Development 900.12 (14) (c) (xi) Zero Lot Line Development Section 3: Section 900.20 of the Elk River Code of Ordinances is hereby amended as follows: (1) Section 900.20 (5) (e) is deleted. (2) Section 900.20 (5) (h) is deleted. (3 ) Section 900.20(5) (f) is renumbered to Section 900.20(5) (e). (4 ) Section 900.20(5) (g) is renumbered to Section 900.20(5) (f). e e e . (5) Section 900.20(5) (i) is renumbered to Section 900.20 (5) (g) . Passed and adopted by the Elk River City Council this 18th day of October, 1993. ATTEST: lAl-e'~/~/ Thackeray, City Cl k . e e Affidavit of Publication STATEOFMINNESOTA ) )ss. COUNTY OF SHERBURNE) ORDINANCE 93 . 11 CITY <<IF BUt AN ORDINAN~' SECTIO~'tOO.08, 900.20 01' 'l'ltECITY . , RCODEO~, ' " · ' CJC$' T()~~ '"LINE I)EVEW ,,' ".A ,', ",' ONDlTIONAL U IN CERTAIN RESIDENnAL,COMMERCIAL",~ ANDlNDtrS'l'Rljl.ZONING 't: DIS'l'lUPTS The City C~ otthe Cityo!.Elk iver does ~by ordain, as follows: Seetioal:!~D 900.08 of the Elk iver Code of ordinances. is hereby a ndedto ll(ldtbe fonowingdefmitwn o zero ll)tline develoPDlent,which~ ad as follows: . . UV\ ~~ , being duly sworn, on oath says hat he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the, facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicable laws, as amended. . (B) The printed ()~.v q .-=S - /1 which is attached was cut from the columns of said new/paper, and was printed and published once each week, for suc- cessive weeks; it was first published on Wednesday, the J(}'41 day of ..l~{ >-e/}/),~ , 19 03 , and was th'ereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; 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. o ment 00.12(8)(c)(ix) Zero Lot Line Devel- () ment .12(9)('~)(xil) Zero tot Line Devel- ! 0 ment 00. 12(1O)(c)(xx) Zero Lot Line Devel- ,0 ment , . 00. 12(11)(c)(xiii) Zero Lot Line De. i v lopment 00.12(12)(c)(xxiv) Zero Lot Line De. !v lopme~f' ',', 00.12(13) (c) (xiii) Zero Lot Line De- v lopment . 00 . 12(1,4)(c)(xi) Zero LotLIDe Devel- oment" , ' tion,,3:Section 900.20 of the Elk ,!Ri er Code of Ordi.n.anCeg is 'hereby a ended as follows: ! ' 1) SectJ.op,9oo.20(5)(e) is deleted. . ( ) Section 9oo.20(5)(h) is deleted. j ( ) Section 9OO.~(5)(f) is renumbered to ion:900.20(5)(e). i ( ) Section 9Oo.20(5)(g)isrenumbered to ioa900.20(5)(f). . ( ) Sectioa900 .20(5)(i) is renumbered to ion900;20(5)(g). I assedand adopted by the Elk River fi yCo\l.1lCil this 18th day of October, : ." Henry A. Duitsman , CV'it: " MaY'1Q' A'rtI'Eon. ~afdraThackerav, City Clerk a bcde fg hij k 1 mn op q rst u v wxyz BY: V/n I~ TITLE: ~ I :;l--J4 Subscribed and pworn to before me on this ,1 Sv()iLB:~Jle;1 , 19 q3 . -}V7.~0~~./ day of ('~ Notary~bli " ""1 ,,- CIN~Y M. SCHIMINSK' f,j\JOK/\ COUNTY . . S;ON EXPIRES 6-10-99 RATE I (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 1'1.50 $ S4<~1 $~-~1 Affidavit of Publication of the' City of Elk fuUQ-Ws:",;,,', n' , ' ,ollowing llEll;ti(lns of ~ Zoning Ordinance are follow!!: J' ' Zem,~ot ,line developments: "The in- sta~,where a structure, pr parldng area }s ~lowed to be constructed over a co~on,~PlVperty line. ' " " ""'", ' . Al; Se<;tlon 9Q0.12 of the Elk Rtv Qf Ordlnances, is hereby a. to add the following new sub- sectlons,.",hich make zero lot line devel- OPDIlilut a conditional use in certain resi- dentllll, commercial and industrial zones: j ",,';: " , . ' , ' 90012 (6XcXvi) Zero Lot Line Devel- opment, '.,,,1', ,\ 9 " cXvO Zero L9t Line Devel- op ,:", "', " 900. cXiJ!) Zero Lot'Lille l)evel- opme ~, , , '," I' J " " 900. cKvil), Zero Lot ~iqe Dev~l- opme ~"",::'",' .,',,: ~':, ~OO.12(10XCXJ,V) Zew Lot Line Devel- opment 9oo,12(nXc)(viii) Zero Lot Line De- ve t' , ':',','," ',: STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) , ~ J IJOV\ 1>1,~NVr · being duly sworn, on oath says th he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the ,facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. ' (B) The printed ()A j)A~~ q:J>~11 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for / s~ cessive weeks; it was first published on Wednesday, the :J Q - day of Q..t{' a/VYlvL\...&'\. ,19 '13, and was thereafter printed and published on every Wednesday to and including Wednesday, the_day of ,19_; 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. a bc defg hij kl mnop q rstu v wxy z ~~~~ Subscribed and sworn to before me on this ~(),'v~0-e./J ,19Q3. ,V"'j ...-<J ' c2 0( t-tf day of 11. the me jii. all ot iv.. a~on:jp ish subdiVision lon 1008. 900.20 (5XhX TED) " "". " Zero lpt line in commercial C2 llDd C3 ,n:elppments,.interior side lot lines hich,comls actly with ~Oom- lOll or party Jl two ~oiu-, If!' st!"ct-qres wing ,"lteFla'~ CQmp Ie ' i. Except !llo.p.g co . th I' , n. J , msJiall be ~mp lS dbYpatlIia i1c~with ne subdlvillio.p. ordinance Section 1008. Section 4; Sections 900.20(5)(0, '~.20(5)(!I). and 9OO.20(5Xh) of the Elk bver Code of Ordinances are hereby lmend~d as follows: ' . (;l)&:cti(lI!.900.20(5XOisrenumbered o SectIon 900.20(5)(e). ' (2) Section 9OO,20(5)(g ;0 Section (3) Section 9 ;t) Sectior. 9 5j(g). , ~assed)a~d a opted lJy the Elk River CIty CIJU.p.CIJ this 18th day of October, ,lW3. . AtIYn . .' H;enryA. Duitsman, Mayor uEST:, " Sandra 1\.: Th~keray,pjty Clerk . , 'tQ!!!!) .,- :'.,' CINDY M NOTAR . SCH' I ,C1J~.," ~,r." .u, :' cou SorA .,~..." . .",.1 (, . Nry RATE INFORMATI()N~'" ~ 1':;f-'1R1,'" , ." t'-l().99 (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law r01' the above matter (3) Rate actually charged for the above matter $ \?-D .0D $ S'fPi(,-, '75 4 ..q (0 $ e e e CITY OF ELK RIVER (The following publication of Ordinance 93-11 is a correction to an error made in the previous publication of this ordinance) ORDINANCE 93 - 11 AN ORDINANCE AMENDING SECTIONS 900.08, 900.12 (6), 900.12 (7),900.12 (8), 900.12 (9), 900.12 (10), 900.12 (11), 900.12 (12), 900.12 (13), 900.12 (14) OF THE CITY OF ELK RIVER ZONING ORDINANCE TO MAKE ZERO LOT LINE DEVELOPMENT A CONDITIONAL USE IN CERTAIN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS The City Council of the City of Elk River does ordain as follows: Section 1: The following sections of the Elk River Zoning Ordinance are amended as follows: 900.08 DEFINITION Zero lot line developments: The instance where a structure or parking area is allowed to be constructed over a common property line. Section 2: Section 900.12 of the Elk River Code of Ordinances is hereby amended to add the following new subsections, which make zero lot line development a conditional use in certain residential, commercial and industrial zones: 900.12 (6) (c) (vi) Zero Lot Line Development 900.12 (7) (c) (vi) Zero Lot Line Development 900.12 (8) (c) (ix) Zero Lot Line Development 900.12 (9) (c) (vii) Zero Lot Line Development 900.12 ( 10) (c) (xv) Zero Lot Line Development 900.12 (11) (c) (viii) Zero Lot Line Development 900.12 (12) (c) (xix) Zero Lot Line Development 900.12 (13)(c)(xii) Zero Lot Line Development 900.12 (14)(c)(xii) Zero Lot Line Development Section 3: Sections 900.20(5)(e) and 900.20(5)(h) of the Elk River Zoning Ordinance are deleted: 900.20 (5)(e) (DElETED) Zero lot line in multifamily developments, interior side lot lines which correspond exactly with a common or party wall between two adjoining structures providing the following criteria are complied with: e i. Each of the lots created by will be equal in area or as reasonably possible. the subdivision nearly equal as ii. Each lot shall contain no less than the full minimum land area requirement for that zone. iii. Except along common wall lines, all other setbacks are met. iv. The subdivision of the lot shall be accomplished by plat in accordance with subdivision ordinance Section 1008. 900.20 (5) (h) (DELETED) Zero lot line in commercial C2 and C3 developments, interior side lot lines which correspond exactly with a common or party wall between two adjoining structures providing the following criteria are complied with: i. Except along common wall lines, all other setbacks shall be met. e ii. The subdivision of the lot shall be accomplished by plat in accordance with the subdivision ordinance Section 1008. Section 4: Sections 900.20(5)(h) of the Elk River amended as follows: 900.20(5)(f), 900.20(5)(g), and Code of Ordinances are hereby ( 1) Section 900.20(5) (f) is renumbered to Section 900.20(5) (e). (2 ) Section 900.20(5)(g) is renumbered to Section 900.20(5)(f). (3 ) Section 900.20(5) (i) is renumbered to Section 900.20(5) (g). Passed and adopted by the Elk River City Council this 18th day of October, 1993. e ~ /2/13 "'~ft~