91-027 ORD
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CITY OF ELK RIVER
SUMMARY OF ORDINANCE AMENDING SECTION 900.12
(PERMITTED, ACCESSORY, & CONDITIONAL USES BY DISTRICT)
ORDINANCE 91-27
RESOLUTION 91-70
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF
ORDINANCE 91-27
The City Council of the City of Elk River hereby amends Section
900.12 of the Elk River Code of Ordinances titled, "Permitted,
Accessory and Conditional Uses by District" and does ordain as
follows:
This ordinance amendment references special standards and
criteria for the Floodplain Overlay District, Shore land Overlay
District and Wild & Scenic River Overlay District. This
ordinance amendment also establishes an Antenna Tower Overlay
Zoning District which provides a specific zoning district for
the use of land for the establishment and operation of antenna
towers. This amendment makes antenna towers a conditional use
within this Antenna Tower Overlay District and also establishes
performance standards and other regulations for the
construction of antenna towers.
A copy of the full text of this ordinance amendment is
available for inspection by any person at the office of the Elk
River City Clerk during normal business hours.
Ordinance passed and adopted the 18th day of November, 1991.
This resolution of notice of publication passed and adopted
this 25th day of November, 1991. EffectiZ .upon P..U..blicati.or:;1.... 7
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James A. Tralle, Mayor
ATTEST:
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Patrick D. .Klaers, City Administrator
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ORDINANCE 91- ~
AN ORDINANCE AMENDING SECTION 900.12
(PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT)
The City Council of the City of Elk does ordain as follows:
Section 1. That Section 900.12 of the Elk River Code of
Ordinances titled, "Permitted, Accessory, and Conditional Uses
by District" be amended as follows:
900.12 PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT
1. FP - Floodplain Overlay District
Special standards and criteria for the Floodplain Overlay
District shall be as set forth in Section 902 of the Code.
2. SL - Shore land Overlay District
Special standards and criteria for the Shore I and Overlay
District shall be as set forth in Section 904 of the Code.
3. WSR - Wild and Scenic River Overlay District
Special standards and criteria for the Wild and Scenic River
Overlay District shall be as set forth in Section 906 of the
Code.
4. A-1 - Agricultural Conservation District
STATEMENT OF PURPOSE: 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.
a. Permitted Uses -
i. Agricultural uses (10 acre minimum on unplatted
property)
ii. Public parks, playgrounds and open space
iii. Facilities for flood and erosion control
iv. Horticultural uses
v.
Golf courses and Country Clubs
vi. Single family dwellings
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V11. Model homes in compliance with Section 900.20,
Subsection 13
viii.Licensed day-care facilities for 12 or fewer
children
ix. Permitted home occupations
b. Accessorv Uses -
i. Accessory far~ structures
ii. Public shelters and essential services
iii. Garages and sheds including metal skin buildings
iv. Private Recreational Facilities
c. Conditional Uses -
i. Commercial recreational facilities
ii. Campground
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111. Mineral extraction and general excavation
operations
iv. Feed lots
v. Institutional Uses
vi. Roadside sales stands
vii. Veterinary clinics and kennels
viii.Cemeteries and memorial gardens
ix. Conditional home occupations
x. Airports
xi. Governmental buildings and facilities
xii. Temporary mobile homes consistent with Section
900.20
xiii.Temporary material processing associated with
mineral extraction within legal gravel pits
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xiv. Licensed day-care facilities for 13 or more
children in institutional buildings
xv. Agricultural uses (less than 10 acres or if
within a platted area)
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xvi. Agricultural accessory structures larger than
2,000 square feet (less than forty (40) acres)
xvii.Nonagricultural accessory structures larger than
1,000 square feet or in excess of the maximum
combined square footage
xviii.Additional agricultural accessory structures
(less than 40 acres)
xix. Additional nonagricultural accessory structures
5. R-1 - Single FamilY Residential District
STATEMENT OF PURPOSE: The Residential Districts are
established to accomplish the general purposes of this
Ordinance and for the following specific purposes:
a. To preserve living qualities of residential
neighborhoods.
b. To ensure future high quality amenities including,
but not limited to, the provision of adequate light, air,
privacy, and convenience of access to property.
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c. To increase convenience and comfort by providing
usable open space and recreation space on or near the
housing units they serve.
d. To prevent additions or alterations of structures
which would damage the character or desirability of
existing residential areas.
e. To protect residential areas, to the extent possible
and appropriate in each area, against unduly heavy motor
vehicle traffic.
f. To encourage a variety and range of dwelling types
and a wide range of population densities with emphasis on
home ownership.
R-1a - Single FamilY Rural Residential
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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
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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.
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-1c - 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-1d - Single Familv Residential - Sewered
STATEMENT OF PURPOSE: 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, arid municipal water.
e R-1e - Single Familv Residential - Sewered
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STATEMENT OF PURPOSE: 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 - Single Family Residential
a. Permitted Uses -
i. Single family dwelling
11. Licensed day-care facilities for 12 or fewer
children
iii. Model homes in compliance with Section 900.20,
Subsection 13
iv. Agricultural uses in R-1a (10 acre minimum on
unplatted property)
v.
Public parks, playgrounds and open space
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vi. Permitted home occupations
b.
Accessory Uses -
i. Accessory farm structures
ii. Public shelters and essential services
iii. Garages and sheds including metal skin buildings
in R-1a districts.
iv. Private recreational facilities
c. Conditional Uses -
i. Conditional home occupations
ii. Fairground facilities
iii. Golf courses and Country Clubs
iv. Governmental buildings and facilities
v. Temporary mobile homes consistent with Section
900.20
vi. Institutional uses
Vll. Licensed daycare facilities in institutional
buildings
viii.Agricultural uses in R-la (less than 10 acres or
on platted property)
ix. Agricultural uses in R-1b/ R-1c/ R-1d/ and R-le
(10 acres minimum on unplatted property)
x. Agricultural accessory structures over 2/000
square feet (unless in R-1a zone and 40 acres or
larger)
xi. Nonagricultural accessory structures over 1/000
square feet or in excess of the maximum combined
square footage
xii. Additional agricultural accessory structures
(unless in R-1a zone and 40 acres or larger)
xiii.Additional nonagricultural accessory structures
6. 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.
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a. Permitted Uses -
i.
Single family dwelling
ii. Two family dwelling
11. Licensed day-care facilities for 12 or fewer
children
iii. Model homes in compliance with Section 900.20,
Subsection 13
iv. Public parks playgrounds and open space
v. Permitted home occupations in single family
dwellings
b. Accessorv Uses -
i. Public shelters and essential services
ii. Garages and sheds
iii. Private recreational facilities
c.
Conditional Uses -
i. Conditional home occupations in single family
dwellings
ii. Metal skinned buildings
iii. Institutional uses
iv. Governmental buildings and facilities
v. Licensed day-care facilities with 13 or more
children in institutional buildings
7. 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 typesi
(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.
a. Permitted uses
i.
Single family dwellings
ii. Two family dwellings
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iii. Townhouses and multifamily dwellings (four units
per structure maximum)
iv. Licensed daycare facilities for 12 or fewer
children
v. Model homes in compliance with Section 900.20,
Subsection 13
vi. Public parks, playgrounds and open space
viii.Permitted home occupations in single family
dwellings
b. Accessorv uses -
i. Public shelters and essential services
ii. Garages and sheds
iii. Private recreational facilities
c. Conditional Uses -
i. Conditional home occupations in single family
dwellings
ii. Metal skinned buildings
iii. Institutional uses
iv. Governmental buildings and facilities
v. Licensed daycare facilities with 13 or more
children in institutional buildings
8. 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.
a. Permitted Uses -
i. Single family dwelling
.ii. Two family dwellings
iii. Townhouses and multiple family dwellings (12
units per structure maximum)
iv. Model homes in compliance with Section 900.20,
Subsection 13
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v. Licensed daycare facilities for 16 or fewer
children
vi. Public parks, playgrounds and open space
V11. Permitted home occupations in single family
dwellings
b. Accessorv Uses -
i. Public shelters and essential services
ii. Garages and sheds
iii. Private recreational facilities
c. Conditional Uses -
i. Mobile home parks
ii. Metal skinned buildings
111. Licensed daycare facilities for 17 or more
children
iv. Governmental buildings and facilities
v.
Institutional uses
vi. Boarding house
vii. Mini Storage
viii.Conditional home occupations in single family
dwellings
9. R-4 - General Multiple Familv Residential District
STATEMENT OF PURPOSE: 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.
a. Permitted Uses -
i. Single family dwellings
ii. Two family dwellings
iii. Townhouse dwelling (12 unit per structure
maximum)
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iv. Multiple family dwellings
v. Model homes in compliance with Section 900.20,
Subsection 13.
vi. Licensed daycare facilities for 16 or fewer
children
vii. Public parks, playgrounds and open space
b. Accessory Uses -
i. Public shelters and essential services
ii. Garages and sheds
iii. Private recreational facilities
c. Conditional Uses -
i. Outpatient health care facilities
ii. Boarding houses
iii. Institutional uses
iv. Licensed daycare facilities for 17 or more
children
v. Governmental buildings and facilities
vi. Mini Storage
10. C-l - Central Business District
STATEMENT OF PURPOSE: The Central Business District (CBD) is
appropriate for retail, service, and commercial uses to serve
the shopping and service needs of the residents and surrounding
community as distinguished from highway service uses. The CBD
is intended to encourage uses and designs that are consistent
with the historic character of the CBD. Emphasis should be
placed on pedestrian access and design standards with
flexibility to preserve the historic character of the CBD.
Uses should be designed to eliminate any nuisance or
incompatibility with surrounding uses.
a. Permitted Uses -
.i. Governmental, business and professional offices
ii. Financial institutions
iii. Retail stores and shops
iv. Personal service Establishments
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v. Outpatient health care facilities
vi. Hotels
vii. Restaurants, (Class I)
viii.public parks
b. Accessorv Uses -
i. Signs as permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-street loading facilities
iv. Telephone booths
v. Private recreational facilities
vi. Public shelters and essential services
c. Conditional Uses -
i. Nonprofit clubs, lodges or halls
ii. Licensed daycare facilities
iii. Institutional uses
iv. Motor vehicle service stations
v. Commercial parking lots and ramps
vi. Residential dwellings (R-4 standards)
vii. On-Sale liquor establishments
viii.Commercial recreational facilities
ix. Convenience store
x. Funeral parlor
xi. Restaurants, (Class II)
xii. Governmental buildings and facilities
.xiii.Apartments subordinate to the principal use
11. C-2 - Office District
STATEMENT OF PURPOSE: The C-2 Office District is intended to
buffer residential districts from arterial streets or from
commercial districts and to provide a district which is
compatible with and may reasonably adjoin residential
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districts. The Office District provides for the location and
development of offices and other service and light commercial
uses which are subject to more restrictive controls.
a. Permitted Uses -
i. Governmental, business and professional offices
ii. Outpatient health care facilities
iii. Personal service establishments
iv. Public parks
b. Accessorv Uses -
i. Signs as permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-street loading facilities
iv. Telephone booths
v. Private recreational facilities
vi. Public shelters and essential services
c.
Conditional Uses -
i. Licensed daycare facilities
ii. Institutional uses
iii. Residential dwellings (R-4 standards)
iv. Financial institutions
v. Funeral parlor
vi. Boarding house
vii. Governmental buildings and facilities
12. C-3 - Highwav 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.
a. Permitted Uses -
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i.
Governmental, business and professional offices
ii. Retail shops and stores
iii. Restaurants (Class I)
iv. Hotels and motels
v. Personal service establishments
vi. Nurseries, produce markets, and garden centers
which may include outdoor display
vii. Convenience stores
viii.Public parks
b. Accessorv Uses -
i. Signs as are permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-street loading facilities
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iv. Telephone booths
v. Private recreational facilities
vi. Public shelters and essential services
c. Conditional Uses -
i. Enclosed light manufacturing with related retail
sales
ii. Car, implement, RV and marine sales
iii. Nonprofit clubs, lodges, or halls
iv. Licensed daycare facilities
v. Institutional uses
vi. Equipment rental businesses
.vii. Commercial recreational facilities
viii.Enclosed storage and warehousing
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ix. Auto repair shops
x. Shopping centers
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xi. On-sale liquor establishments
xii. Governmental buildings and facilities
xiii. Truck terminals
xiv. Veterinary clinics
xv. Car Washes
xvi. Restaurants (Class II)
xvii.Motor vehicle service stations
xviii.Motor vehicle specialty shops
13. 1-1 Light Industrial
STATEMENT OF PURPOSE: This District shall serve as a
transition between more industrial uses and residential and
other business uses. This District is appropriate for
manufacturing, warehousing, and similar industrial uses because
of access to warehousing, thoroughfares, the full complement of
urban services such as sewer and water, and distance from
residential districts. These areas are intended to encourage
the development of industrial uses which are clean, quiet, and
free of hazardous or objectionable elements such as noise,
odor, dust, smoke, glare, or other pollutants. These
industries should be compatible with each other and with
surrounding land uses.
a. Permitted Uses -
i. Offices
ii. Enclosed storage and warehousing
iii. Research laboratories
iv. Light manufacturing
v. Screened outdoor storage areas
b. Accessorv Uses -
c. Conditional Uses -
i. Junkyard and automobile wrecking and storage
~ards
ii. Extraction and asphalt processing operations
iii. Rendering plants
iv. Broadcasting studios and facilities
v. Airports
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vi. Kennels
vii. Truck terminals
viii.Single family residential dwelling units
accessory to principal uses, provided:
(1) That the nature of the principal use of the
property makes it necessary or highly desirable
from both the property owners and the City's
perspective to have a twenty-four (24) hour a
day caretaker or security person reside on the
property.
(2) That the proposed dwelling unit is designed
for and will be used exclusively by caretakers
or security personnel responsible for the
security of the property and the principal use
thereof.
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(3) That the proposed building unit will be
occupied by no more than two persons, one of
whom must be an immediate family member
(husband, wife, father, mother, or child) or the
owners of the principal use of the property and
neither of whom may be under eighteen (18) years
of age.
(4) That there will be only one dwelling unit
per lot or, if one principal use is located on
several adjoining lots, per principal use.
(5) That the proposed dwelling unit not exceed
eight hundred (800) square feet in size and be
located within a building serving the principal
use of the property which is no less than ten
thousand (10,000) square feet in size.
(6) That the principal use of the property is
not of such a nature that it would be dangerous
or hazardous to residents of the proposed
dwelling unit.
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(7) That the proposed dwelling unit meets all
other requirements of the City Code and Uniform
Building Code for occupancy as a dwelling unit
by a single family. The City Council may, if it
finds it necessary to do so for the protection
of the health, safety and welfare of persons who
may occupy the proposed dwelling unit, impose
additional reasonable requirements or conditions
on the construction and use of the dwelling unit.
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(8) That the conditional use allowing such a
doweling unit in an industrial zone is deemed to
be unique to the principal use of the property
and the ownership of the property and the
principal use. Any conditional use permits
granted under this Section shall therefore
automatically expire if the principal use of the
property or the principal use of the property
changes.
ix.
Government buildings and facilities
14. I-2 - Medium Industrial District
STATEMENT OF PURPOSE: This District is intended to accommodate
more intense manufacturing and processing than would be allowed
in the 1-1 District. Proposed uses would include
manufacturing, production, warehousing with heavy truck traffic
and other uses which may generate nominal offsite impacts.
a. Permitted Uses -
i. Offices
ii. Screened and enclosed storage or warehousing
iii. Contracting yards
iv. Grain and feed elevators and mills
v. Lumber yards (unenclosed)
vi. Concrete products processing
vii. Animal and poultry processing
viii.Freight (rail) yards
ix. Processing, and storage of natural resources
x. Research labs
xi. Light manufacturing
b. Accessory Uses -
c. Conditional Uses -
.i. Junkyards and automobile wrecking and storage
yards
ii. Truck terminals
iii. Extraction and asphalt processing operations
iv. Rendering plants
v. Broadcasting studios and facilities
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vi. Airports
vii. Kennels
viii.Single family residential dwelling units
accessory to principal uses, provided:
(1) That the nature of the principal use of the
property make it necessary or highly desirable
from both the property owners and the City's
perspective to have a twenty-four (24) hour a
day caretaker or security person reside on the
property.
(2) That the proposed dwelling unit is designed
for and will be used exclusively by caretakers
or security personnel responsible for the
security of the property and the principal use
thereof.
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(3) That the proposed dwelling unit will be
occupied by no more than two persons, one of
whom must be an immediate family member
(husband, wife, father, mother, or child) or
the owner of the principal use of the property
and neither of whom may be under eighteen (18)
years of age.
(4) That there shall be only one dwelling unit
per lot or, if one principal use is located on
several adjoining lots, per principal use.
(5) That the proposed dwelling unit not exceed
eight hundred (800) square feet in size and be
located within a building serving the principal
use of the property which is no less than ten
thousand (10,000) square feet in size.
(6) That the principal use of the property is
not of such a nature that it would be dangerous
or hazardous to residents of the proposed
dwelling unit.
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(7) That the proposed dwelling unit meets all
other requirements of the City Code and the
Uniform Building Code for occupancy as a
dwelling unit by a single family. The City
Council may, if it finds it necessary to do so
for the protection of the health, safety and
welfare of persons who may occupy the proposed
dwelling unit, impose additional reasonable
requirements or conditions on the construction
and use of the dwelling unit.
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(8) That the conditional use allowing such a
dwelling unit in an industrial zone is deemed to
be unique to the principal use-of the property
and the ownership of the property and the
principal use. Any conditional use permits
granted under this Section shall therefore
automatically expire if the principal use of the
property changes or the ownership of either the
property or the principal use of the property
changes.
ix.
Government buildings and facilities.
15. PUD Planned Unit Development District
STATEMENT OF PURPOSE: The purpose of this district is to
provide design and locational flexibility and variety tracts of
land with adequate sewer and water systems by allowing
modification of lot and building area, width, setback and other
dimensional requirements. PUD's shall be developed in
accordance with an overall design and an integrated development
plan in accordance with the Subdivision Regulations. PUD's
shall be consistent with the intent and purpose of this
Ordinance and shall not adversely affect the property adjacent
to the land area to be developed.
a.
Requlations
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i. A PUD may be authorized on land in a PUD
district following the issuance of a conditional use
permit and subdivision approval. A PUD shall comply
with the provisions of this Ordinance except as
expressly modified herein.
ii. Permitted conditional and accessory uses in
residential and commercial districts may be allowed
in a PUD if the Council determines that such uses are
compatible.
iii. The area of land to be included in a PUD shall
be in uniform control of the applicant.
iv. A PUD shall be designed to form a desirable
unified environment within its proposed boundaries.
v. A PUD shall not cause undesirable impacts on
adjacent lands and land uses. In particular, uses in
the PUD perimeter shall be compatible with adjacent
~ses outside the PUD.
vi. A PUD shall be served by adequate water and -
sewer systems.
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vii. A PUD shall not adversely affect existing or
proposed parks, schools, streets or other public
facilities.
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viii. The Council may establish varied and reasonable
lot area, frontage, side yard, and setback
requirements for a PUD and may authorize a density
which it determines to be appropriate under the
circumstances. Any permitted density shall be
consistent with the Comprehensive Development Plan
and not adversely affect the public health, safety
and welfare.
ix. More than one principal building may be
constructed on a lot within a PUD if authorized by
the Council. Uses within PUD's should be constructed
on individual lots having no less than eighty (80%)
of the minimum area for similar uses within that
district where they are permitted subject to the most
stringent minimum requirements.
b. Administrative Procedure
i. Prior to the commencement of formal review, any
person may submit a PUD concept plan to the City
requesting staff and Planning Commission review and
advisory comment.
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ii. The proponents of a PUD shall submit a
preliminary subdivision plat and a site plan, along
with an application for a conditional use permit to
the Planning Commission and Council. The Planning
Commission shall review PUD proposals and make
recommendations to the Council based on the
provisions contained herein, in the Subdivision
Ordinance, and in Section 900.42. Such preliminary
plat and site plan shall conform to the provisions of
this Ordinance to the Subdivision regulations. Such
site plan shall show:
- Proposed sanitary sewer and water systems,
including size, type and capacity and paving
- Proposed roadways, location, type, capacity and
paving
- The proposed site and existing adjacent
development
- Size and location of building and dwelling unit
density
- Landscaping
- Parking areas and arrangement of stalls
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- Site and lot dimensions
- Location and size of park and open space
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- Type of use and use density of each building,
including a relief drawing of the general
building design intended for all buildings other
than single and two family units.
- The proposed schedule for the development of the
site
Location, type and size of signage
- Statement of the reasons why the PUD will be in
the public interest, consistent with the
purposes and requirements hereof and those in
Section 900.42
The Council shall review a PUD proposal pursuant to
the provisions contained herein and in Section 900.42.
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iii. If the conditional use permit and the
preliminary plat and site plan are approved, the
preliminary plat and site plan shall be attached to
and become part of the conditional use permit. Any
modification of the conditional use permit,
preliminary plat or site plan must be approved by the
Planning Commission and the Council. The Council may
approve the entire PUD or one or more stages of the
same and may establish conditions respecting the
approval as provided in Section 900.42.
iv. If the conditional use permit is approved, the
final plat shall be submitted to the City in
accordance with the Subdivision Regulations and the
provisions of this ordinance.
16.
SWF Solid Waste Facilitv Overlay Zoninq District
STATEMENT OF PURPOSE: The purpose of the Solid Waste Facility
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 and
operation of Solid Waste Facilities. Since these uses are so
unique, their 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. Solid Waste Facilities shall not be permitted nor
conditional uses in any other Zoning District.
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a. .Uses - The Solid Waste Facilities Overlay District
is an overlay zoning district. Land zoned into the Solid
Waste Facilities Overlay District will also remain in its
original zoning district (the Underlying Zoning
District). All permitted, accessory, and conditional uses
allowed in the Underlying Zoning District will continue to
be allowed on land zoned into the Solid Waste Facilities
Overlay District, subject to all restrictions and
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requirements applicable in the Underlying District. In
additions to the uses allowed in the Underlying Zoning
District, there shall be allowed in the Solid Waste
Facilities Overlay District the conditional uses set forth
in Section 900.16 (9) of this zoning ordinance, subject to
all requirements of the City Code for the establishment
and operation of such uses.
b. Dimensional and Other Regulations and Standards;
Performance Standards - Dimension Regulations, Setbacks,
Yard Regulations, Height Regulations, Sign Regulations,
Parking and Loading Regulations, Performance Standards,
and all other regulations, standards, and requirements
applicable in the Underlying Zoning District, subject to
any additional requirements, regulations, and standards
which must be met pursuant to the City Code for the
establishment and operation of Solid Waste Facilities.
c. Administrative Procedure - Establishment of Solid
Waste Facility 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 procedures
set forth in Section 900.44 hereof. An application for a
conditional use permit to allow a specific solid waste
facility, 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 Solid Waste Facilities Overlay
District.
d. SWF Solid Waste Facility Overlay District
i. Solid Waste Facilities licensed under Section
604 of the City code.
11. Solid Waste Processing Facilities licensed under
Section 604 of the City Code.
iii. Sanitary Landfills licensed under Section 604 of
the City Code
iv. Waste Burning Facilities licensed under Section
604 of the City Code
v. Transfer Stations licensed under Section 604 of
the City Code.
Antenna Tower Overlay Zoning District
a. Purpose. The purpose of the Antenna Tower 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 and
operation of Antenna Towers. Since this use is unique, a
special zoning district is appropriate, and the City of
Elk River reserves the right to determine the suitability
e
of an Antenna Tower request based upon compatibility with
surrounding land uses. Antenna Towers shall not be
permitted nor conditional uses in any other Zoning
District. This section shall apply to all antenna towers
over sixty (60) feet in height.
b. Uses. The Antenna Tower Overlay District is an
overlay zoning district. Land zoned into the Antenna
Tower Overlay District will also remain in its original
zoning district (the Underlying Zoning District). All
permitted, accessory, and conditional uses allowed in the
Underlying Zoning District will continue to be allowed on
land zoned into the Antenna Tower 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 Antenna Tower Overlay District the conditional uses
set forth below:
Antenna arrays, supporting towers or structures therefore,
radio, television, telephone and microwave transmitting
and receiving equipment, and buildings and enclosures
appurtenant thereto may be located in the Overlay District.
e
c. Dimensional and Other Requlations and Standards;
Performance Standards. Except as provided to the
contrary herein, Antenna Towers are subject to Dimension
Regulations, Setbacks, Yard Regulations, Height
Regulations, Sign Regulations, Parking and Loading
Regulations, Performance Standards, and all other
regulations, standards, and requirements applicable in the
Underlying Zoning District. In addition, Antenna Towers
are subject to special standards set forth by the
conditional use permit and the following:
i. A qualified registered engineer shall certify
that an Antenna Tower is designed to have all
portions of it land within the lot on which it is
situated in the event it collapses.
ii. Only one Antenna Tower shall exist at anyone
time on anyone lot or parcel. The minimum lot
requirement shall be one (1) acre, unless the
underlying zoning is more restrictive.
iii. The height of an Antenna Tower and the antenna
thereon shall not exceed 240 feet. In the event
applicable FAA or Minnesota Department of
.Transportation regulations are more restrictive as to
height, such more restrictive regulations shall
control.
e
iv. No part of any Antenna Tower nor any lines,
cable, equipment, wires or braces in connection
therewith shall at any time extend across or over any
part of a right-of-way, public street, highway,
e
sidewalk or property line. No part of the Antenna or
appurtenances thereof shall be constructed,
maintained or located in or upon any required setback
area for the Underlying Zoning District.
v. Antenna Towers shall be designated to withstand
a uniform wind loading as prescribed in the Uniform
Building Code.
vi. Antenna Towers shall be grounded for protection
against a direct strike by lighting and shall comply
as to electrical wiring and connections with all
applicable codes and regulations.
vii. Every Antenna Tower shall be protected to
discourage climbing of the Structure by unauthorized
persons. To prevent unauthorized climbing, Antenna
Towers shall comply with one of the following
requirements:
(1) climbing apparatus shall not be located
within twelve feet of the ground;
(2) A locked, anti-climb device shall be
installed on the Structure;
e
(3) A locked, protective fence at least six feet
high shall be built around the Structure;
viii.The petitioners for an Antenna Tower must
demonstrate, based on the topography of the site,
surrounding structures and vegetation and the design
of the tower, that off-site impacts from items such
as lighting, electrical interference, and visual
impacts as well as safety issues will be minimal.
d. Administrative Procedure. Establishment of Antenna
Tower 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 procedures set forth
in Section 900.44 hereof. An application for a
conditional use permit pursuant to the standards and
procedures set forth in Section 900.42 to allow a specific
Antenna Tower, 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 Antenna Tower Overlay District.
e
.
.
.
Affidavit of Publication
CITY OF ELK RIVER .
SUMMARy OF>ORDINANCE
..AMEJ.'fflINGSECTION.toO.m
(PJilltMl1'l'E:o.A.CCJil~RY. ..
CONIJlTlONAL USES
.'.BtDIS'I'RtC'l')
C)RDlNANCJil9l-2'f
US.' . C)N9l.
A. RlilSOL "APPROVING
NOTIClil QFPtmLICATlONOF
ORDXNAN9Jil,9l.2'f
,The City Council9fthe City of Elk,
Riverhere~Y!l~nd&Section. 900.12 of
the.Elk River Code ofOl'dj.n.ances titled,
"Petinitted, J\eCes1JOl'YaIld, qollditional
Uses by District" aJ1d, ~. ordaill as
follows: .
Thiso~uce am.endmentreterences
special staXldardsandcnterl!l for the
Floodplaill {}verlayDistrict, Shore1an~
C>ver1!lyDistrict aIldW~&SeenicRi~r
OverlAyD~.,'ct.Thiso.~.', an.. co..1o. end.
melltalsoestab1ishesuAn~aTower
{}verlay Zonillg District which provides
a specific zonillg dis~ct {Qr, the use of
Iud for the establishulentand opera.
tion of antenna towe".>Thjsamelld-
ment makes antenna ~el'llaCQndi-
tional use within this Antelllla Tower
Overlay District !lnd.Iso est.nlishes
performancestalldardsudotherregu~
latiOns for the constlVctionofantenllA
towers.
A copyofthefulltext oftms ordillUce
amelldmenti. .vailal)le for insP'lCf;ion
by uy,pel'llOnattheofficeoft,b.e Elk
River City Clerk during normal busi-
n~s,bD\1.i1I.
Ordh:!.ancepanedandadopted ,the
18th 4,.yofNovember,1991..~ l'eSO-
lutionof.notice........ of.' ,P\l. ' blieatio., ,n.pa.ssed
and adoptecitJPs ~thdayofNovembe.. r,
1991. Eft"ective u,pc>n pu,l?lication.,
.. J~A. '1;ra)le..iMayor
A'.l"OilST:, '.,'.' . . ',. '>
Patrick D. ~,City,A4.ministrator
. ' (D4)
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~
[.)oY\ ,
being duly sworn, on oath says at 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 ~~ q ) ,- ~ 7
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I suc-
cessivew~~ublishedon Wednesday, the <{t!>
day of ,19 q I ,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 ofthe
notice.
~'b'der'h~Y'
BY: O~- , - _ /).d~
TITLE:-
~
&-
Sub~ribed and sworn to before me on this
'kJJ.,(I ~ H/' ,19 ~'I .
J~
day of
Nota~
fY)
RATE INF
(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
C/NDya. S
IVI. KI '>
ANOKA 66. !NNi::SOTA ~.
d{lQCommi"i<ln flip!,., Y N TY .t'"
_AA...~.. <lUlle 10.199~ '.
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$ t17.d6'
$ ?:iJ.. ""1 (
$ 30.,/