91-017 ORD
e
ORDINANCE 91 - 17
AN ORDINANCE AMENDING SECTION 900.12 -
PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT
(SUB)(B) - A-1 AGRICULTURAL CONSERVATION DISTRICT, (C) -
R-1-SINGLE FAMILY RESIDENTIAL DISTRICT, AND (J) - C-3 -
HIGHWAY COMMERCIAL DISTRICT
The City Council of the City of Elk River does ordain as
follows:
Section 1. That Section 900.12(B), (C) and (J) of the
City of Elk River Code of Ordinances titled "A-1/Agricultural
Conservation District," "R-1c - Single Family Residential
District," and "C-3 - Highway Commercial District" be amended
to read as follows:
B. A-1 - Agricultural Conservation District
STATEMENT OF PURPOSE:
e
The Agricultural Conservation District is established for the
purpose of preserving, promoting, maintaining, and enhancing
the use of land for commercial agricultural purposes, to
prevent scattered and leap-frog nonfarm growth, to protect
expenditures for such public services as roads and road
maintenance, and police and fire protection.
1. Permitted Uses -
a. Agricultural uses (10 acre minimum on unplatted
property)
b. Public parks, playgrounds and open space
c. Facilities for flood and erosion control
d. Horticultural uses
e. Golf courses and Country Clubs
f. Single family dwellings
g. Model homes in compliance with Section 900.20,
Subsection 13
h. Licensed day-care facilities for 12 or fewer
children
i. Permitted home occupations
2. Accessory Uses -
a. Accessory farm structures
b. Public shelters and essential services
c. Garages and sheds including metal skin buildings
d. Private Recreational Facilities
e
3.
Conditional Uses -
a. Commercial recreational facilities
b. Campground
e
e
c. Mineral extraction and general excavation
operations
d. Feed lots
e. Institutional Uses
f. Roadside sales stands
g. Veterinary clinics and kennels
h. Cemeteries and memorial gardens
i. Conditional home occupations
j. Airports
k. Governmental buildings and facilities
1. Temporary mobile homes consistent with Section
900.20
m. Temporary material processing associated with
mineral extraction within legal gravel pits
n. Licensed day-care facilities for 13 or more
children in institutional buildings
o. Agricultural uses (less than 10 acres or if
within a platted area)
p. Agricultural accessory structures larger than
2,000 square feet (less than forty (40) acres)
q. Nonagricultural accessory structures larger than
1,000 square feet or in excess of the maximum
combined square footage
r. Additional agricultural accessory structures
(less than 40 acres)
s. Additional nonagricultural accessory structures
C. R-1 - Sinqle Familv Residential District
STATEMENT OF PURPOSE:
The Residential Districts are established to accomplish the
general purposes of this Ordinance and for the following
specific purposes:
c.
e
a.
To preserve living qualities of residential
neighborhoods.
To ensure future high quality amenities including,
but not limited to, the provision of adequate light,
air, privacy, and convenience of access to property.
To increase convenience and comfort by providing
usable open space and recreation space on or near the
housing units they serve.
To prevent additions or alterations of structures
which would damage the character or desirability of
existing residential areas.
To protect residential areas, to the extent possible
and appropriate in each area, against unduly heavy
motor vehicle traffic.
To encourage a variety and range of dwelling types
and a wide range of population densities with
emphasis on home ownership.
b.
d.
e.
f.
e
R-1A - Single-FamilY Rural Residential
STATEMENT OF PURPOSE:
The Rural Residential District is intended to allow for a
"rural life-style" by permitting low-density residential
development in areas that are marginal or nonfeasible for
agriculture. The R-1A district is intended to be primarily a
residential district, but which may also accommodate
agriculture related and accessory uses. This is the general
area of Elk River which is not primarily suited to farming due
to soil conditions, slope, tree cover, and other physical
features better suited for nonfarm housing and related
accessory uses.
R-1B Single-FamilY - Low Density Residential
STATEMENT OF PURPOSE:
This district is intended to provide land for attractive and
diverse low-density, single-family residential development;
primarily contain detached, low-density, single-family
residential developments and low-density planned unit
development.
4It Subdivisions utilizing on-site sewage disposal systems and
private water wells cannot exceed one (1) single-family
residence per gross acre. Construction of on site sewage
disposal system shall not be permitted on adjoining lots.
Streets and other improvements may be temporary in nature as
approved by City Council.
R-lC Single FamilY Residential-Sewered
STATEMENT OF PURPOSE:
This district is intended to provide single-family residents in
areas with full municipal public sanitary sewer, storm sewer,
and municipal water in areas that are a continuation of
existing residential development patterns and the infilling of
existing lots in established areas.
R-lD Single FamilY Residential - Sewered
STATEMENT OF PURPOSE:
e
This district is intended to provide single-family residential
districts with larger lots and higher quality housing types in
areas with full municipal public sewer, storm sewer, and
municipal water.
R-lE Single FamilY Residential - Sewered
STATEMENT OF PURPOSE:
e
This district is intended to provide single-family residential
districts in areas with full municipal public sanitary sewer,
storm sewer, and municipal water in areas that possess
significant natural features including vegetation, wetlands,
and topographic features. This district is intended to
encourage the design of subdivisions that protect natural
features while providing high quality housing sites.
R-1 Sinqle Familv Residential
1. Permitted Uses -
a. Single family dwelling
b. Licensed day-care facilities for 12 or fewer
children
c. Model homes in compliance with Section 900.20,
Subsection 13
d. Agricultural uses in R-lA (10 acre minimum on
unplatted property)
e. Public parks, playgrounds and open space
f. Permitted home occupations
2. Accessory Uses -
e
a. Accessory farm structures
b. Public shelters and essential services
c. Garages and sheds including metal skin buildings
in R-1A districts.
d. Private recreational facilities
3. Conditional Uses -
a.
b.
c.
d.
e.
f.
g.
h.
i.
j .
k.
e l.
m.
Conditional home occupations
Fairground facilities
Golf courses and Country Clubs
Governmental buildings and facilities
Temporary mobile homes consistent with Section
900.20 Subsection 4(i)
Institutional uses
Licensed daycare facilities in institutional
buildings
Agricultural uses in R-la (less than 10 acres or
on platted property)
Agricultural uses in R-lb, R-lc, R-ld, and R-le
(10 acres minimum on unplatted property)
Agricultural accessory structures over 2,000
square feet (unless in R-1a zone and 40 acres or
larger)
Nonagricultural accessory structures over 1,000
square feet or in excess of the maximum combined
square footage
Additional agricultural accessory structures
(unless in R-1a zone and 40 acres or larger)
Additional nonagricultural accessory structures
e
D.
R-2A - Townhouse
STATEMENT OF PURPOSE:
This District is intended to create "townhouse" low density
housing areas as a transition between single family housing and
higher density residential.
1. Permitted Uses -
a. Single family dwelling
b. Two family dwelling
c. Licensed day-care facilities for 12 or fewer
children
d. Model homes in compliance with Section 900.20,
Subsection 13
e. Public parks playgrounds and open space
f. Permitted home occupations in single family
dwellings
2. Accessorv Uses -
e
a. Public shelters and essential services
b. Garages and sheds
c. Private recreational facilities
3.
Conditional Uses -
a. Conditional home occupations in single family
dwellings
b.Metal skinned buildings
c. Institutional uses
d. Governmental buildings and facilities
e. Licensed day-care facilities with 13 or more
children in institutional buildings
E. R-2b - Townhouses and Multiple Familv Residential
District
STATEMENT OF PURPOSE:
This District is intended (1) to create low density multiple
areas with a broad range of housing types; (2) to preserve and
enhance transitional residential areas between lower and higher
densities in areas served by public utilities; and (3) to
enhance transitional areas between low density housing and
other nonresidential land uses. The District must be served by
public sanitary sewer, storm sewer, and municipal water. PUD
recommended.
e
1.
Permitted uses
a. Single family dwellings
b. Two family dwellings
e c.
d.
e.
f.
g.
Townhouses and multifamily dwellings (four units
per structure maximum)
Licensed daycare facilities for 12 or fewer
children
Model homes in compliance with Section 900.20,
Subsection 13
Public parks, playgrounds and open space
Permitted home occupations in single family
dwellings
2. Accessorv uses -
a. Public shelters and essential services
b. Garages and sheds
c. Private recreational facilities
3. Conditional Uses -
e
a. Conditional home occupations in single family
dwellings
b. Metal skinned buildings
c. Institutional uses
d. Governmental buildings and facilities
e. Licensed daycare facilities with 13 or more
children in institutional buildings
F.
R-3 - Townhouses and Multiple Residential District
STATEMENT OF PURPOSE:
This District is intended to provide a residential area which
allows a broad range of housing types (townhouses, apartments,
etc.) of medium density mUltifamily units in areas served by
public sanitary sewer, storm sewer, and municipal water. PUD
recommended.
1. Permitted Uses -
e
2.
a. Single family dwelling
b. Two family dwellings
c. Townhouses and mUltiple family dwellings (12
units per structure maximum)
d. Model homes in compliance with Section 900.20,
Subsection 13
e. Licensed daycare facilities for 16 or fewer
children
f. Public parks, playgrounds and open space
g. Permitted home occupations in single family
dwellings
Accessorv Uses -
a. Public shelters and essential services
b. Garages and sheds
e
c. Private recreational facilities
3. Conditional Uses -
a. Mobile home parks
b. Metal skinned buildings
c. Licensed daycare facilities for 17 or more
children
d. Governmental buildings and facilities
e. Institutional uses
f. Boarding house
g. Mini Storage
h. Conditional home occupations in single family
dwellings
G. R-4 - General Multiple Familv Residential District
STATEMENT OF PURPOSE:
e
This District is intended to create, preserve, and enhance
areas for multifamily use of higher densities for both
permanent and transient families, in areas served by public
sanitary sewer, storm sewer, and municipal water, with good
accessibility to thoroughfares, public community centers,
libraries, shopping centers and employment centers, and where
such development fits the Growth Management Plan. PUD
recommended.
1. Permitted Uses -
a. Single family dwellings
b. Two family dwellings
c. Townhouse dwelling (12 unit per structure maximum)
d. MUltiple family dwellings
e. Model homes in compliance with Section 900.20,
Subsection 13.
f. Licensed daycare facilities for 16 or fewer
children
g. Public parks, playgrounds and open space
h. Permitted home occupations in single family
dwellings
2. Accessorv Uses -
a. Public shelters and essential services
b. Garages and sheds
c. Private recreational facilities
3. Conditional Uses -
e
a. Outpatient health care facilities
b. Boarding houses
c. Institutional uses
e
d. Licensed daycare facilities for 17 or more
children
e. Governmental buildings and facilities
f. Mini Storage
g. Conditional home occupations in single family
dwellings
J. C-3 - Hiqhwav Commercial District
STATEMENT OF PURPOSE:
The purpose of the C-3 highway commercial district is to
recognize the need for commercial establishments on or serving
with immediate access to major highways. Permitted land uses
should take advantage of the highway access in a manner which
other business districts are not afforded. In addition to
retail and commercial uses, quasi-industrial and wholesale
enterprises that do not meet an industrial setting and have
considerable customer contact are acceptable in the highway
commercial district.
1. Permitted Uses -
e
a. Governmental, business and professional offices
b. Retail shops and stores
c. Restaurants (Class I)
d. Hotels and motels
e. Personal service establishments
f. Nurseries, produce markets, and garden centers
which may include outdoor display
g. Convenience stores
h. Public parks
i. Financial institutions
2. Accessorv Uses -
a. Signs as are permitted in Section 900.22
b. Off-street parking facilities
c. Off-street loading facilities
d. Telephone booths
e. Private recreational facilities
f. Public shelters and essential services
3. Conditional Uses -
a.
b.
c.
d.
e e.
f.
g.
h.
Enclosed light manufacturing with related retail
sales
Car, implement, RV and marine sales
Nonprofit clubs, lodges, or halls
Licensed daycare facilities
Institutional uses
Equipment rental businesses
Commercial recreational facilities
Enclosed storage and warehousing
e i.
j.
k.
l.
m.
o.
p.
q.
r.
s.
Auto repair shops
Shopping centers
On-sale liquor establishments
Governmental buildings and facilities
Truck terminals
Veterinary clinics
Car Washes
Restaurants (Class II)
Motor vehicle service stations
Motor vehicle specialty shops
Section 2. That this ordinance shall take effect and be
in full force from and after the date of its publication.
Passed and adopted this 19th day of
ATTEST:
AUgUst) 1991.
I
, A(t~i0 /
James A. Tralle,
Mayor
tt Sandra Thackeray, City CI rk
e
.
.
.
Mfidavit of Publication
STATE OF MINNESOTA )
)88.
COUNTY OF SHERBURNE)
RESOLUTION 91-53
CITY OF ELK RIVER
SUMMARY OF OlIDlNANCE
91-17
A. ~SOLUTION . APPROVU>rG .;NO-
TICE: O:r PUBLICATION OF OROI-
NANCE 91-17
WHEREAS, the City Council..of the
City of Elk River hereby a~nds .Sec-
tion 900.12, Permitted, Accessory, and
Conditional Uses by District in relation
to home occupations, and does ordain
as follows: and,
WHEREAS,. permitted home occupa-
tions are allowed as a permitted use in
the following zoned districts:
A-I-Agricultural Conservation Dis-
trict
R-l-Single Family Residential Dis-
trict
R-2a Townhouse
R-2b--Townhouse and Multiple Fam-
ily Residential
R-3-Townhouse and Multiple Resi-
dential
R-4-Genel'al M~ltiple. Family Resi-
dential
and,
WHEREAS, conditional home occu-
pations IQ.'e allowed as a co~ditional use
in the following zones:
A-I-AgricultUral ConServation. Dis-
trict
R-l-Single Family ResidentialDis-
trict
R-2a Townhouse
R-2b--Townhoulle and Multiple Fam-
ily Residential .. ....
R-3-Townhouse and Multiple Resi-
dential
R-4-General Multiple Family Resi-
dential; and;
WHEREAS, the above description of
the Ordinance is a summary and a
complete copy of the ordinance revi-
sions is available for review at the office
of the City Clerk at the Elk River 9ity
Hall and at the Elk River Public Li-
brary.
NOW, THEREFORE, BE IT RE-
SOLVED, that Ordinance 91-17 was
passed and adopted by the Elk. River
City Council on the 19th day of August
1991. . . '
BEITFURTHER~SOLVEDTB"AT,
this resolution .91- was passed. and
adopted by the Elk River City. Council
on the-16th day of SepteJnber,J991.
. Jaxnes /I.. Tralle
ATTEST: Mayor
Sandra A.Thackeray, City Clerk
(Sp26)
being duly sworn, on oath says th helshe 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) e printed
which is attached from the columns of said newspaper.
and was printed and published once each week, for I sue-
. -
cessive wee s; it was rrrst published on Wednesday, the .:L ~
day of , 1951/-, and was thereafter
printed and publ shed on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower csse 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 ofthe
notice.
BY; 'tS'::;j~
TITLE; F~, -. - -
Su~.~nd sworn to before me on this ~ s-Jh day of
~~ . 192L. ~ ~
~mJ~
Notary Public
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