92-001 ORD
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ORDINANCE 92 - ~
AN ORDINANCE AMENDING CHAPTER IX OF THE ELK RIVER CITY CODE,
CREATING A NEW MINERAL EXCAVATION OVERLAY ZONING DISTRICT
The City Council of the City of Elk River does hereby ordain as
follows:
Sectio~ That Section 900.10(1) of the Elk River City Code
is amended to add to the list of zoning districts within the
City of Elk River the following:
"ME Mineral Excavation Overlay Zoning District"
Section 2. That Section 900.12 of the Elk River City Code is
hereby amended to add thereto the following new section 18, as
follows:
18.
ME Mineral Excavation Overlay Zoninq District
a. Purpose The purpose of the Mineral excavation
Overlay Zoning District is to protect the public health,
safety, and general welfare by providing a specific zoning
district for the use of land for the establishment of
mineral excavation operations and related facilities.
Since these uses are so unique, the demands upon pUblic
services such as transportation are so intense, and their
potential for causing harm to the environment and to the
public health, safety and general welfare is so great, a
special zoning district is necessary. Mineral excavation
operations and related facilities shall not be permitted
nor conditional uses in any other zoning district.
b. Uses The Mineral excavation Overlay District is
an overlay zoning district. Land zoned into the Mineral
Excavation District will also remain in its original
zoning district (the Underlying Zoning District). All
permi tted, accessory and conditional uses allowed in the
Underlying Zoning District will continue be allowed on
land zoned into the Mineral Excavation Overlay District,
subject to all restrictions and requirements applicable in
the Underlying District. In addition to the uses allowed
in the Underlying Zoning District, there shall be allowed
in the Mineral Excavation Overlay District the following
conditional uses, subject to all requirements of the City
Code for the establishment and operation of such uses:
i. Mineral
facilities
Code.
excavation
licensed under
operations
Section 720
and
of
related
the City
c. Dimensional and Other
Performance Standards
setbacks, yard regulations,
~ulations and Standards;
Dimensional regulations,
height regulations, sign
.
.
.
regulations, parking and loading regulations, performance
standards, and requirements applicable in the Underlying
Zoning District shall be applicable in the Mineral
Excavation Overlay District, subject to any additional
requirements, regulations, and standards which must be met
pursuant to the City Code for the establishment and
operation of mineral excavation operations.
d . Administrative Procedure - Establishment of Mineral
Excavation Overlay Zoning on a specific parcel of land
shall be by amendment to the City's Zoning Map as provided
by this Zoning Ordinance and pursuant to the procedure set
forth in Section 900.44 hereof. An application for a
conditional use permit to allow a specific mineral
excavation operation, if timely filed as provided by the
Zoning Ordinance, may be processed by the City and
considered by the City Council along with an application
to zone the affected property into the Mineral Excavation
Overlay District.
Section 3. That Section 900.12 (4)( c) (iii) of the Elk River
City Code is amended to read as follows:
"(iii) Reserved"
Section 4. That Section 900.12(4)(c)(xiii) of the Elk River
City Code is amended to read as follows:
"(xiii) Reserved"
Section 5. That Section 900.12(13)(c)(ii) of the Elk River
City Code is amended to read as follows:
"(ii) Reserved"
Section 6. That Section 900.12 (14)( c)( iii) of the Elk River
Code is amended to read as follows:
"(iii) Reserved"
Section 7. That this Ordinance shall take effect and be in
full force from and after the date of its publication.
Passed and adopted by the City Council of the City of Elk River
this 27th day of January 1992.
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Mayor James A. Tralle
ATTEST:
Mfidavit of Publication
.OJll>lNANCJ.j192 -I
AN QRDINANCE.
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a. ion
ORlil1'AtI011lI ;jo '\."';'-""-'
4: 4"1I!t,qtstr.tiv4l~~d1n'.t ;,<E,F .
tablishment ofMineral Excavation Over-
lay Zoning on. a specific parcel ()f hind
shall be by allUlD.dment to the City's
Zoning Map as provided by this Zoning
Ordin!lD,ce and.puNUlmt to the proce-
dure set forth in SeCtion 900.44 here9f.
An, appliQ~tiQn for a j:()):).ditional U!Ie per- '.
wt to aUQw',a specijjc P1iJl,eral ElXcava-
tion, operaf ~ely flied as pro-
vided by the' ance, I}lllY be
pnicess~d}ly . _ . d cqnsi4t:~d by
t~ City Cou ~g with an applica-
. tion to zone the affected Jlroperty into
. eral EJglli:~ation Overlay Dis-
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
being duly sworn, on oath sa 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
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 applicaLle
laws, as amended.
(B) The printed ~ 9,'J.. -I
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ~uc-
cessive wee 5; it was fIrst published on Wednesday, th~
day of vV(. v'U , 19~nd 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 bed e f g h ij k 1 m no p q r I t U v w x y z
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Subscrjbed and sworn to before me on this
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RATE.~b~T'ION ;ox~ir~1i .;~;;: .;,.,;'i!;~,
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space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
day of
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