94-003 ORD
ORDINANCE 94 -l
CITY OF ELK RIVER
e
AN ORDINANCE AMENDING SECTIONS 900.20,
900.12, AND 900.18 OF THE CITY OF ELK RIVER CODE
OF ORDINANCE RELATED TO ACCESSORY
STRUCTURES IN RESIDENTIAL ZONING DISTRICTS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.20 (3) of the City of Elk River Code of Ordinances is hereby
amended to read as follows:
3. Accessorv Buildings
a. No accessory building or structure shall be constructed on any residential lot prior
to the time of construction of the principal building to which it is accessory.
b. In the A-I zone two (2) detached accessory buildings are allowed per single family
parcel. The total area of attached garages and accessory buildings shall not exceed
3,000 square feet. Restrictions on agricultural accessory structures shall not apply to
parcels that are 40 acres or larger.
c. In the R.lA zone, two (2) detached accessory buildings are allowed per single
family parcel. The total area of attached garages and accessory buildings shall not
exceed 2,000 square feet.
e
d. in the R-lb, R-lc, R-ld, and R-le zones two (2) detached accessory buildings are
allowed per single family parcel. Also, the total area of attached garages and
accessory buildings shall not exceed 1,200 square feet.
e. In case an accessory building is attached to the main building, it shall be made
structurally a part of the main building and shall comply in all respect with the
requirements of this ordinance applicable to the main buildings. An accessory
building, unless attached to and made a part of the main building, shall notbe closer
than five (5) feet to the main building.
f. Portable utility structures not exceeding one hundred twenty (120) square feet in
projected roof area may be permitted in any zone and may be constructed of metal,
wood, or masonry so long as the structures comply with the required minimum
setbacks and that the structures be anchored to the ground.
g. No metal construction/exterior accessory building will be allowed in the R-lb, R-
lc, R-ld, or R-le zoned areas. In the R-lA and A-I zoned areas, metal
construction/exterior accessory buildings shall be constructed with painted metal
which is compatible with the existing home.
h. Garage stalls must be a minimum often (10) feet in width.
Section 2. Section 900.20 of the City of Elk River Code of Ordinances is hereby
amended to add a new Section 900.20 (14) as follows:
e
14. Temporarv Structures/Residences
-
The use of anyone (1) mobile home as a temporary residence may be allowed in
accordance with the following requirements and following receipt of a conditional use
permit as outlined in Section 900.42.
1. The mobile home must be occupied by a member of the farm operator's immediate
family. Immediate family shall mean the farm operator's children, step-children,
father, mother, brother, sister or ward.
ii. Both the mobile home occupant and the farm operator must derive their principal
income from the farm operations.
111. The principal and predominant use of the property must be agricultural.
iv. The conditional use permit is to be reviewed in two (2) years before renewal is
granted and the operation is allowed to continue.
v. The dimensional setbacks and on-site septic systems for the mobile home shall
meet the minimum City requirements.
Section 3. Section 900.12 of the City of Elk River Code of Ordinances is hereby
amended to delete the following sections:
e
Section 900.12 (4) (c) xvi
Section 900.12 (4) (c) xvii
Section 900.12 (4) (c) xviii
Section 900.12 (4) (c) xix
Section 900.12 (5) (c) x
Section 900.12 (5) (c) xi
Section 900.12 (5) (c) xii
Section 900.12 (5) (c) xiii
Section 4. Section 900.18 (2) of the City of Elk River Code of Ordinances is hereby
amended to read shown on the attached Exhibit A to this ordinance:
PASSED AND ADOPTED by the Elk River City Council this _ day of March,
1994. .
/~ . ~~-- ',c~..*
'~/j"l ",1/, ,,'. ,/
He~V~.';Uit::::v~=;~r~'~ .
ATTEST:
........._;%..... (.',.~".<,:-.._ /l><' / - ,.
. ,-~. -;c. . .",,---.-;>Cz:C.{:_/u~ !AUf./~
/7
Sandra A. Thackeray, City Clerk //
/j
/
oaaccess.doc
e
e
2. Accessory Use Setbacks Accessory structures shall comply with the following
dimensional regulation:
Front Side Rear Max.
District Setback Setback Setback Height Fences Ag.Bldg.
------------------------------------------------------------------------------------------------------
A-I 50' 25' 50' 22' (1 ) 0'(3) 300'
R-1a 35' 20' 30' 22' (1 ) 0' (3) 300'
R-1b
Non-sewered 35' 10' 20' 15'(1) 0'
Sewered 35' 5' 5' 15'(1) 0'
R-1c 30' 5' 5' 15'(1) 0'
R-1d 35' 5' 5' 15'(1) 0'
R-1e 35' 10' 10' 15'(1) 0'
~
e Duplex 30' 5' 5' 15'(1) 0'
R-2b
Townhouse 30' 10' 10' 15'(1) 0'
&3.
Townhouse & 30' 10' 10' 15'(1) 0'
Other Multi-Family
R-4
Townhouse & 30' 10' 10' 15'(1) 0'
Other Multi-family
C-I No Limits 45' 0'
C-2 15' 10' 10' 45' 0'
C-3 25' 10' 10' 35' 0'
I-I 30' 10' 10' 40' 0'
1-2 30' 10' 10' 60' 0'
Swimming (4) 8' 8' 0'
. Pools
tit (1) A maximum. of one story is permitted.
(2) The keeping of livestock (fences) is prohibited within two hundred (200) feet of an
adjacent dwelling.
(3) Swimming pools shall be setback a minimum of eight (8) feet from the side yard and
rear yard lot lines and must comply with the required front yard setback as per Section
900.18. Swimming pools must be completely enclosed with an opaque chain link or
equivalent fence at least four (4) feet high with a lockable gate.
tit
codeacc.doc
.
Mfidavit of Publication
.ORDINANeEt94 ... 3
CITY OFELK.Q.WER
AN ORDiNANQjj;'
SECTIONS .
900.12, AND 900.18 0
OF E~ RIVER
OF ORDIN
.A:
STRUCT
ZONING,DI
The City Council. of
River does he
Section 1.
City oC;EI
hereby amen
3.
a. No aCC'es
shall be
lot prior .e time of construction of
the principaLl:mj1~J?gto...,Which it is
accessory: ':" . .', .
b. In the A-~ zone two :(2) detached
accessory. buildings, are jUlowedper
single fllP)ily parcel. The total area of
attache(i g!lfages and a<;cessory build-
ings sh~ll n!)t eJl:~d ~,OOQ ~uare feet.
Restrictions on agricultural accessory
structures 8ij@lli)ot ,apply to parcels
that are 40 ~res or larger: .
c. In the R.1A zone; two (2) detached
accessory buildings. .are allowed per
single family parcel. The total area of
attached garages and accessory build-
ings shall not exceed 2,000 square.feet.
d. In the R.1b, R-Jc, R-ld, and R-1e
zones two (2) detached accessory build.
ings are allo~e ". . y par-
cel. Also, the ched ga-
rages and accessory U1 s shall not
exceed 1,200 '"J~t. " ,
e. In case " '.ssQry~tbuilding is
attached to the main builljlirig, it shall
be made structurally II part of the main
building and Shall @lIl,ply)n all respect
with the requirements oCthis ordinance '
:~~~~~\~\l~g~ai . ~~~t:
and Iq/lde a P!lrl of the m,iun building, .
shall not 'be cloSer than five (5) feet to I
the lI!-~fl:~pjlc;ling. " " " ,i, .
f. Portable utility structures not ex-
ceedirigonehundred twenj~(J2Q) square
feet iJl.Rmiel;ted roof llrea .may be per-
mi " zone and, n}ay be, con-
st ",wood; or, masonry so
Ion ~;fh=& :lht~~~
a,ncporeq tPthe ground.
nstroctioWexterior &C-
will be ,~Uowed inthe .
. , rR-lezo~edareas. In
the' and A-I 'zoned 'areas, metal
co 'nlexterior a~S9ry build-
ingsl ,'aU be constructed':With painted
met . h is compatible . hthe ex-
istin
h. allsmust irilumof.
ten (1 in wiclth.
Sect ion 900.20 of the City ,
o$lk deofOrdinances is hereby
ameli " " ./ldd a new Section 900.20
(14) as foijow!!: ." .
14. TeqIpg[(i,tv Stru~N~~dences
The use oCany one,O) mQJ;lUllbom,6,as I
a temporary residence may be allowed
in accordance with the following re-
quirements and following, receipt of a
conditional use permit as outlined in
Section 900.42.
1. The mobile home mus~ be occupied
by am' fa l! .r's
~r(HP ., I \
"r4ji ,f:lt er,
-brat ~r,:SlS
ii.
the
prin
tions.
iii.
of the
iv. T onlll use permit is to be
revie '" o (2) years before renewal
is granted and the operation is allowed
to continue. ' ' ,
v. The dimensional setbacks and on-
site septic SYSteIns for theinobile l).ome
::~~eet the minimuml;'ity require-
Section 3. Section 900.12 of the City
o$lklijver CodeofOrdinances is hereby
amended to delete the following sec- ,
tigns:' . . ,,:,.:.' " ,"i'l.. ':':i'_."<';>,)
SectiQJl900.12 (4) (0) 1(vj.: , . !
Section 900.12 (4)(c) xvii!
Section 900.12 (4) (c) xviii
Section 900.12 (4) (c) xjx,
Sectjop9oo,12 (5) (c) x'' :
Section 900.12 (5) (c) xi
Section 900.12 (5) (c) ,m :'
Section 900.12 (5) (c) xlii'!
Section 4. Section 900;~B (2) of the i
Cityof.:Jillk River Code of Ordinances iSI
' hereby amencled to relld. I!bown Qn the
attached Exhibit A tp this prdinance:
PASSED AND, ADOPTED by the Elk
River CityCounoil this 21 d/lyofM!lfCh,
1994. ' ;
. Henry A. Duitsman, Mayor
ATTEST: , .'
Sandra A. Thackeray, City: Clerk
(Ap6)
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
DOY\ ~
being duly sworn, on oath says that 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
oftheJacts 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. C~A () I ;,~ A ~. d n, r;)/ /__.~
(B) The printed ~_ ~ ~r 'L --
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for { .-!Jl!t
cessiveweeks; it was first published on Wednesday, the ~-
day of (J ~ .' 19~, 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 oftype used in the composition and publication of the
notice.
a b c d e f g h ij k I m n 0 p q r s t u v w x y z
:rn~~~
~
Subscribed and sworn to before me on this
~~ , 19!1!:L.
--WI. A~
day of
NO~
RATE INFO
(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
$
(4~IS"O
$
1\ I ,0 (
\ I \ \ 0 I
$
"'-'<'-"""""-'"""''''''--''''~,'M-.~:~uW",d#''-..~~",r.C'ilr~~~i'_,