94-017 ORD
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ORDINANCE 94 -..!L
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 902.02,
902.04, 902.06, 902.08, CASE NO. OA 94-06
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 902.02 (8), of the Elk River Code of Ordinances is
hereby amended so that the definition of "Conditional Use" and "Structure"
shall read as follows:
Conditional Use
Shall mean a specific type of structure or land use listed in this
Ordinance or the City Zoning Ordinance that may be allowed but only
after the review procedure provided by Section 900.42 of the Zoning
Ordinance, and with appropriate conditions and restrictions, as
provided in the Zoning Ordinance or building ~odes, and upon the
findings required by Section 900.42:
Structure
Shall mean anything constructed or erected on the ground or attached to
the ground or on-site utilities, including but not limited to buildings,
factories, sheds, detached garages, cabins, manufactured homes, travel
trailers/vehicles not meeting the exemption criteria specified in Section
902.14 (3)(a), of this ordinance and other similar items.
Section 2. Section 902.04 (2)(a), of the Elk River Code of Ordinance is
hereby amended to read as follows:
a. New manufactured homes, replacement manufactured homes, and
certain travel trailers and travel vehicles are subject to the general
provisions of this ordinance, specifically Section 902.14.
Section 3. Section 902.04 (2)(b), of the Elk River Code of Ordinances is
herebv amended to read as follO\vs:
01
b.
Modifications, additions, structural alterations or repair after
damage to existing non-conforming structures and non-conforming
Ordinance Amendment
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uses of structures or land are regulated by the general provisions of
this ordinance, specifically Section 902.18, and,
Section 4. Section 902.04 (2)(c), of the Elk River Code of Ordinances is
hereby amended to read as follo\vs:
c. As-built elevations for elevated or flood proofed structures must be
certified by ground surveys and flood proofing techniques must be
designed and certified by a registered professional engineer,
architect, or surveyor as specified in the general provisions of this
ordinance, specifically as stated in Section 902.16 of this ordinance.
Section 5. Sectio~1 902.06, (3)(g), of the Elk River Code of Ordinances is
hereby amended to read as follows:
g. Travel trailers and travel vehicles subject to the exemptions and
provisions of Section 902.14 (3) of this Ordinance.
Section 6. Section 902.08 (3) of the Elk River Code of Ordinances is
. hereby amended to read as follows:
3.
Conditional Use. Anv structure that is not elevated on fill or
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floodproofed in accordance with Section 902.08 (2)(a), 902.08 (2)(b),
or any use of land that does not comply with the standards in
Section 902.08 (2)(c) - 902.08 (2)(d), shall only be allowed as a
conditional use. An application for a conditional use shall be
subject to the standards and criteria and evaluation procedures
specified in Section 902.08 (4) - Section 902.08 (5), and 902.16 (4) of
this ordinance.
Section 7. Section 902.08 (5)(f), of the Elk River Code of Ordinances is
hereby amended to read as follows:
(f). Standards for travel trailers and travel vehicles are contained in
Section 902.14 (3).
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Passed and adopted this 17th day of October
of the City of Elk River.
, 1994, by the City Council
Ordinance Amendment
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ATTEST:
~~V:~v
Sandra A. Thackeray, City Clerk /'
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Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, Minnesota 55155-40_
August 5, 1996
Honorable Henry A Duitsman, Mayor
City of Elk River
P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
Dear Mayor Duitsman:
STATE APPROY AL OF FLOODPLAIN ORDINANCE AND AMENDMENTS
The Department of Natural Resources has completed its review
of the floodplain zoning ordinance and amendments for the City of
Elk River. The ordinances were entitled ORDINANCES NO. 91-4
adopted on February 25, 1991, 92-5 adopted on February 24, 1992,
and 94-1 7 adopted on October 17, 1994.
On behalf of the Commissioner of Natural Resources, I am
pleased to inform you that the ordinances have been found to be in
compliance with "Statewide Standards and Criteria for Management
of Floodplain Areas of Minnesota," Minnesota Regulations, Parts
6120.5000 to 6120.6200. Therefore, in accordance with Minnesota
Statutes, Section 103F, I hereby certify state approval of the above
cited ordinance.
Please be advised that any future amendments of this
ordinance or change in the designation of flood prone areas requires
prior approval of the Commissioner.
DNR Information: 612-296-6157, 1-800-766-6000 . TTY: 612-296-5484, 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
ft Printed on Recycled Paper Containing a
'-.I Minimum of 10% Post-Consumer Waste
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Page Two
Also note that you are required to send copies of hearing
notices and final decisions relating to variances and conditional use
permits relating to this ordinance to this agency. Please send these
directly to Area Hydrologist Dan lais, located at: DNR Division of
Waters, 3725 12th Street North, P.O. Box 370, St. Cloud, MN 56302
and rely on him for assistance in administering your ordinance.
Since your administration of a floodplain zoning ordinance is a
pre-requisite of your eligibility in the National Flood Insurance
Program, a certified copy of the adopted ordinance will be sent by
this office to the Federal Emergency Management Agency.
Your cooperation and initiative in providing for the reduction
in flood damage through the administration of this ordinance is
greatly appreciated.
Sincerely,
DMSION OF WATERS
4bQ7Ju4(~ ~~
O~ghi~U~, Supervisor
Land Use Management Unit
OS/BA:kf
cc: David L. Hills, Regional Hydrologist
Dan Lais, Area Hydrologist
Alan Birman, FEMA
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~
[JOY\" . ,
being duly sworn, on oath says f at he/she is the publisher or
authorized agent and employee of the publisher ofthe 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. f .
(B) The printed ~U qL/--/7
, Str1JCtQ.riI, .. .... i' ., '. '
Shall. Dlean.pytllinff' constructed or
~~dQn~lI.~~upd9~i!.~tlWh~d W the
groundor~.S1teqt~liti,tla,including but
notlimitedto bUildings, faCtories,~heds,
detaclledffar~s,~Ilb~,manufactu.red
homes, trayeltr. . .. ~nQtlD.~t-
~ng the exempuQn .' '1. ~~ecl in
Sect~on 902:14 (ax.. ,tN.~ Qrd.inan~
and Qth~r sPnilari~rn.s.
s.cti9Q2... .~tcip;~2.()4(2Xa)~ Qf
theJi}lk ~iv~rOode Qf iOr~llllD.~ ~
heNbyi!.Dlen,decl tQ ~ad jlsfollows:
a. NEl! JA .. ~4')191D.~l!, Nplace-
lD.entJtJ.aJi .. .' ..d119JAElS, ~d~ain
traYElltli'.' e~llJ:ldtravElI.ve~c:les aN
su))Jeci w thElsenElr!'1p~sions Qft~
onijna~, s~!lall~ ~ion, 9Q2.14.
· 'nlJ;~iop.~2.04(2)())), of
t . Riv~r.Co~ of ()rdhian~~~
h. r~Pdj;ldt.QNadi~follow~: '
b .. ..... o~cau~n,~, addi~i\]l~! struc:tqrll1
al~"'tionsor~pair~rdaJD,age to
e~~n,Qn,"llOqfOrJD.inff ~tru~~ lIBd
non41lO:llfo~ qses of' structv.re~ Qr
land aN ~\l:ted bytlleigen~ral provi.
sionll'Qft~QidUil1#~'~~lCally~.
tion'902.18,an4.'" ';'.,.ih"'"''''
s.cUon4. ~oIi902.94(2Xc), oftb.e
Elk~~ver clb~~ ofOl'~n~ is beNby
amended to read u follows:
c. As-built elevations fpr elevated or
flOQdpl'09fed. stru~res JD.U,st' he certi-
fied by groundsurvey~ andfloodpr09fing
te<:l}n,iq\l~ ID.Usthe dElsigned and certi-
fij;ld. py a~~red professional. engi-
nE18r; afcbitecti Qr surv~or as s~ified
..m'. ....t.....h.....e..~... ..D....~.. r...~i....... ,ro.. . vis. iO..ns ....... o. f,t.his. . ...o..r. di.....-
n:~~, s}XlCilic:.a ~Atat&t\lPl~wn
,.r'~~~0~~1.~.~, ~bf
the Elk n.' ....c.d '~.__"'tl.h""." ~.(is
"'. .,,~v:er.. 0 e.Oh....F\IUULU .
, hereby ~JI,ded .torea<li ueollows:
g. TraveltJ,'llilersand travel vehicles
subjecttoth~ exelD.pt~9nsand provi-
sions of Section 902; 14 (~) Qf this Ordi-
nan~.
Section I. Section 902.08 (3) ofthe
Elk River Code of OrdiJlaP.ces is hereby
amended to read as follows:
3; Conditional U~. Any structure that
is not elevatedon,flllor tloodpl'09fed in
accordan~ ,with SectioIl. 9Q2.08 (2Xa),
902..08 (.2.)()). ), .or..any.,. ',. ,.u~.Of la. n. 4.th. at
d~ notC9m,.ply~itll.t~El ~tandards ~
SElction ~~.~ (~Xc:) ~ 90~.~(2Xd),15ball
Qnly~ allQ~~d ~sa c(m4itioIl.alll~e. An
applicatiollfor ll!;On~tional u~ ~hall be
sqbjectw~he ~tandar4tJ andqriteria
and, ~vll1ua~,ton procedu~ specified in
Section 90~.08 (4)- Section 902.08 (5),
and 9Q2.16 (4) of t~ ordinan~.
,'. ~ti9n 7.. 8Elct~on 902.P~H5Xt), of the
E er 09.deof9rdin~nces .is b~Nby
fraj!Q Nad lII5foll~w~:
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for , ~-
cessiveweeks; itwas first published on Wednesday, the d~-
day of {)(-;r;~,..e.A) ,19 qy. , 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.
BY:~/:;:;:::;;;;;" tu v wxy'
TITLE: ~
Subscribed and sworn to before me on this
O~ ,19~.
-,
)1f\, J.r:Jt.~
--fl.1
;2G::, - day of
N~
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
NOTARY pUBlIc-" INS/(,
ANOI(A MINNESOTA
My COMMISSION COUNTY
EXPIRES 80'0-89
~'''''''''''''''''"''''-.'''~
$ \ 15.00
$ q,t1 ,:5tt-
$ 1I(.<;t1
Sandra A. Thackeray, C:;ity Clerk "
. '(Oct26)]' , . ' . "