90-022 ORD
NOTICE OF PUBLICATION
.
CITY COUNCIL OF THE CITY OF ELK RIVER
ORDINANCE NO. 90 - 11-
AN ORDINANCE AMENDING SECTION 900.30 OF THE CITY OF
ELK RIVER CODE OF ORDINANCES RELATING TO THE
REGULATIONS ON SCREENING, LANDSCAPING, LIGHTING, STORAGE
AND OUTDOOR DISPLAY
The City Council of the City of Elk River hereby amends its
City Code of Ordinances and does ordain as follows:
Section 1. Chapter IX, Section 900.30 is revised as
it relates to the regulation on screening requirements,
landscaping requirements in all zoning districts, landscape
plan requirements, minimum landscaping requirements,
architectural standards and submission requirements,
performance standards for buildings, and storage and
display regulations.
The above description of the Ordinance is a summary. A
complete copy of the Ordinance revisions are available for
. review at the office of the City Clerk at the Elk River City
Hall and at the Elk River Library.
Passed and adopted this 31st day of July, 1990. Effective
upon publication.
J~ /!- ~
Mayor James Tralle
ATTEST:
.
TJK:EN7s
.
ORDINANCE 90 - 22
AN ORDINANCE AMENDING SECTION 900.30 - REGULATIONS ON
SCREENING, LANDSCAPING, LIGHTING, STORAGE AND OUTDOOR DISPLAY
The City Council of the City of Elk River does ordain as
follows:
Section 1. That Section 900.30 of the Elk River City
Code of Ordinances titled, "Regulations on Screening,
Landscaping, Lighting, Storage and Outdoor Displays" be amended
as follows:
900.30 Regulation on Screening, Landscaping. Lighting.
Architectural Standards. Storage and Displav.
1. Definitions.
For purposes of this section, the terms listed below shall
be defined as follows:
.
CALIPER: The length of a straight line measured through
the trunk of a tree 6 inches above the ground for up to
and including 4 inch caliper size, and 12 inches above the
ground for larger sizes.
CONIFEROUS/EVERGREEN TREE: A woody
maturity, is at least thirty (30) feet
with a single trunk, fully branched to
foliage on the outermost portion
year-around.
plant which, at
or more in height,
the ground, having
of the branches
DECIDUOUS OVERS TORY SHADE TREE: A woody plant which, at
maturity, is thirty (30) feet or more in height, with a
single trunk unbranched for several feet above the ground,
having a defined crown, and which loses leaves annually.
DECIDUOUS UNDERSTORY ORNAMENTAL TREE: A woody plant
which at maturity is less than thirty (30) feet in height,
with a single trunk, unbranched for several feet above the
ground having a define crown, and which loses leaves
annually.
LANDSCAPE: Site amenities, including
ground covers, flowers, fencing, berms I
and other outdoor furnishings.
trees, shrubs,
retaining walls
.
MECHANICAL EQUIPMENT: Heating, ventilation, exhaust,
air conditioning, and communication units integral to and
located on top, beside, or adjacent to a building.
2.
Screening. All nonresidential principal and accessory
uses, except business signs, which are situated wi thin
fifty (50) feet of a residential district, shall be
.
screened from such district by a wall or fence of not less
than eighty percent (80%) opacity and not less than five
(5) nor more than seven (7) feet in height above the
height of the residential property at the district
boundary. Walls or fences of lesser heights or planting
screens may be permitted by the Council if it finds that
the nature or extent of the use being screened is such
that a lesser degree of screening will as adequately
promote and protect the use and enjoyment of the
properties in the adjacent residential district, or that
screening of the type required by this ordinance would
interfere with the provision of adequate amounts of light
and air to said properties.
Mechanical equipment located on the exterior or roofs of
nonresidential uses must also be screened with material
that is architecturally harmonious with the design of the
principal structure. Plantings may be used as a
replacement of other material to screen exterior
mechanical equipment.
3. Landscaping.
a.
General Requirement Applicable to all Districts.
.
All exposed ground areas surrounding or within a
principal or accessory use, including street
boulevards, which are not devoted to drives,
sidewalks, patios, or other such uses shall be
landscaped with grass, shrubs, trees, or other living
ornamental landscape materials. All landscaped areas
shall be kept neat, clean and uncluttered. No
landscaped area shall be used for the parking of
vehicles or the storage or display of materials,
supplies or merchandise. Undisturbed areas of
existing natural vegetation maintained free of
noxious weeds need not be altered. A reasonable
attempt shall be made to preserve wetlands and as
many existing trees as is practical and to
incorporate them into the site plan. Slopes greater
than 4 to 1 will not be permitted without approval of
the Building and Zoning Administrator.
b.
Landscapinq Requirements for Multifamilv Districts,
Commercial Districts, and Industrial Districts and
Nonr~sidential Uses in Residential Districts.
.
i. Application of Requirements. All properties
shall comply with the requirements of this
section when new development is to occur on these
properties, except for single dwelling unit or
two family unit lots, public parks, playgrounds
and athletic facilities, and public and private
golf courses, except that club houses, parking
.
areas and other structures accessory to such golf
courses shall comply.
Landscape Plan Requirements. Landscape plans
shall be prepared by a landscape architect or
other qualified individual acceptable to the
Building and Zoning Administrator. Landscape
plans shall be drawn to a scale of not less than
one inch equals 50 feet and shall include the
following information:
ii.
(a)
(b)
(c)
(d)
(e)
(f)
.
(g)
(h)
(i)
name and address of property owner and/or
developer
name of project
name of preparer of plan
date of plan preparation
boundary lines of the property with accurate
dimensions. Note scale and north arrow.
locations of existing and
buildings, parking lots, public
easements and other improvements
proposed
roads,
proposed grading plan with two-foot contour
intervals
location, approximate size and common name
of existing trees
planting schedule containing:
- symbols
- quantities
- common names and botanical names
- size of plant materials
- root condition
- special planting instructions
(j) planting details illustrating proposed
locations of all new plant material
(k) locations and details of other landscape
features including berms, fences, and
planter boxes
.
(1) details of restoration of disturbed areas
including areas to be sodded or seeded
(m) indication if irrigation systems will be used
.
(n) details of all required screening; and
(0) location of existing wetlands
iii. Minimum Requirements. All open areas of a lot
which are not used and improved for required
parking areas , drives or storage shall be
landscaped with a combination of overstory trees,
understory trees, shrubs, flowers, and turf or
ground cover materials.
(a) Minimum Number of Overstorv Trees. The
number of overstory trees on the lot, tract,
or phase line, shall be not less than the
perimeter of the lot or tract as measured in
feet divided by forty.
(b) Ornamental Trees. Credi t for one required
overstory tree may be given for two
ornamental trees measuring a m1n1mum one
caliper inch. No more than 25 percent of
the required overstory trees should be
substituted for by ornamental trees.
.
(c) Minimum Size and Root Condition of Required
Overstorv Trees.
deciduous trees: two (2) inches in
diameter as measured six inches above
the ground
coniferous trees:
height
(d) Species.
five to six feet in
all required trees shall be comprised
of species which are classified as
overstory trees by the American
Nurserymans Association.
not more
required
ornamental
one species
than
number
trees
50 percent of the
of overs tory or
shall be composed of
.
all plant materials shall be indigenous
to the hardiness zone of the area in
which the City is located
(e) Credit for Larqe Trees. The total number
of required overs tory trees may be reduced
by one tree for each new deciduous tree
measuring four and one-half inches or more
.
in diameter, or each new coniferous tree
measuring ten feet or more in height, which
is planted on the lot or tract. In no
event, however, shall this credit result in
a reduction in the total number of required
trees by more than 25 percent.
(f)
Credit for Existinq Trees. The total
number of required new overstory trees may
be offset by the retention of existing
overstory trees on the lot provided that
such trees satisfy the requirements of this
section as to size and species. A sliding
scale shall be used to determine the amount
of credit for existing trees. Existing trees
between 4 inches in diameter and less than 8
inches in diameter will receive credit for
one tree. Existing trees 8 inches in
diameter or greater will receive credit for
two trees.
iv.
MAINTENANCE. The owner
required landscaping or
maintain all materials
growing condition without
of the lot upon which the
screening is located shall
in a sightly and healthy
cost to the City.
.
v. ENFORCEMENT.
(a) Installation. All landscape improvements
required by this subsection shall be installed by
the owner no later than one year after the
issuance of a building permit for the subject
property.
(b) Inspection. Twelve months after the date of
issuance of a building permit, the building
official shall conduct a field inspection of the
subject site to assure compliance with the
requirements of this ordinance and implementation
of the landscape plan.
(c) Warranty. The owner shall warranty all
landscaping for one calendar year after the
issuance of the final Certificate of Occupancy
for the project.
.
(d) Exceptions and Adiustments. Where a strict
application of this subsection is not possible
due to unique topographic landform, irregular lot
shape or historic features worthy of
preservation, the applicant may present an
alternative landscape and screening plan to the
City Planning Commission for alternate approval.
.
.
.
4.
Lighting.
Artificially lighting shall be planned, designed,
constructed and maintained consistent with the following
standards:
a. Lighting shall be directed away from the public
right-of-way and a nearby or adjacent residential or
agricultural conservation districts.
b. Commercial parking lots shall be lighted to a minimum
level of three (3) foot candles. Other parking lots
shall be lighted to a minimum level of one and one-
half (1-1/2) foot candles.
c. All sources of artificial lights shall be so fixed,
directed, designed or sized that the minimum subtotal
of their illumination will not increase level of
illumination on any nearby residential property by
more than 0.1 foot candles in or within twenty-five
(25) feet of a dwelling nor more than 0.5 candle on
any part of the property.
d.
Glare, whether direct or reflected as different from
general illumination, shall not be visible from
beyond the limits of the immediate site from which it
originates.
5. ARCHITECTURAL STANDARDS.
All multifamily, commercial and industrial construction
shall be developed in accordance with the following design
standards:
a. Architectural Plans -
Construction plans shall be prepared and submitted to
include:
i. Elevations of all sides of the building
ii. Type and color of exterior building materials
iii. A typical floor plan and dimensions of all
structures
iv. Location of trash containers, heating, air
conditioning and ventilation systems
v.
Proposed screening of trash containers, heating,
air conditioning and ventilation systems.
b. Exterior Building Finish -
.
.
.
i. Standards for the R-31 R-41 C-1, C-2 and PUD
zones -
One hundred percent (100%) of the
building finish shall consist of
comparable in grade and quality to the
on the list of exterior building
referenced in this section.
exterior
materials
materials
finishes
ii. Standards for the C-3 zoning -
A minimum of seventy-five (75%) of the exterior
building finish shall consist of materials
comparable in grade and quality to the materials
on the list of exterior building finishes
referenced in this section.
iii. Standards for the 1-1 and 1-2 zones -
A minimum of twenty-five percent (25%) of the
exterior building finish shall consist of
materials comparable in grade and quality to the
materials on the list of exterior building
finishes referenced in this section.
iv.
Approved Exterior Building Finishes -
(a) Face Brick
(b) Natural Stone
(c) Glass
( d ) Wood
(e) Stucco
(f) Aluminum Lapsiding
(g) Masonite
(h) Vinyl
(i) Specially designed precast concrete units or
concrete blocks (only if the surfaces have
been integrally treated with an applied
decorative material or textured).
(j) Other approved architectural metal siding
c.
Roofing Standards -
.
Roofing shall consist of materials comparable in
grade and quality to the following:
i. R-3, R-4, C-l, C-2 & PUD shingled or membrane roof
ii. C-3, I-l, and I-2 shingled, membrane or colored
metal
d. Alterations and Additions -
All subsequent additions and exterior alterations
constructed after the erection of an original
building or buildings (when the original building was
constructed in conformance with this section) shall
be constructed of materials comparable to those used
in the original construction and shall be designed in
a manner conforming to the original architectural
design and general appearance.
e. Accessorv Structures -
.
Architectural standards as outlined in this section,
shall also apply to ,accessory buildings.
Performance Standards -
f.
All portions or sides of buildings which abut a
public street or a residential or institutional use
or zone or place of assembly such as a public park or
recreational facility shall be constructed of
materials on the list of exterior building finishes
referenced in this section.
6. Storaqe and Displav
Storage and display on properties shall be planned,
designed, constructed and maintained consistent with the
following, at the City's discretion:
a. All materials, supplies, merchandise or other similar
matter not on display for direct sale, rental, or
lease shall be stored wi thin a completely enclosed
building or if located within an I-l industrial
district must be within the confines of a one-hundred
percent (100% ) opaque wall or fence not less than
five (5) feet high.
b.
Merchandise may be displayed beyond the confines of a
building. The area occupied by such outdoor display
shall not constitute a greater number of square feet
than ten percent (10%) of the ground floor area of
the building housing the principal use. Merchandise
.
.
.
.
that is customarily displayed outdoors, such as
garden supplies, shall be exempt from this provision.
c.
No storage of any type shall be permitted within
one-half (1/2) of the required front or side street
setback nearest the street.
pection 2. That this Ordinance shall take effect and be
in full force from and after the date of its publication.
Passed and adopted this 30th day of July, 1990.
~
ATTEST:
lerk
Mfidavit of Publication
.
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
.
NOTlCEOF PUBLICA:
ClTY,~CIL OF '
" ,.EJ.I{.., ,j
..<:$J)J;NANCl!: NO. , , "
'AN'ORl)lN,ANCI' " t)
SECTXON$OOJaO OF cr.rr
, OF 'ElJ{,'ltl:YJnlCODE OJ!'
ORJ;JlNANCES RBI.A'fING 1:0
THE aEGt1I.AttONS ON
SCREENING.'~APING.
LIGHTING. STORAGE .AN))
OtJTI)O()R DISP.LAY
The'CityCounci1 of the City"of Elk
River hereby amends its City Code of
Ordinances and does ordain as follows:
,Sectionl. Chapter~ Section 900.30
is revised as it relates to the regulation
on screening requirements, landscap-
ingrequirementsinalhoning districts,
landscapeplan~irements,minimum
landscaping ~~1p~nta. architec-
turaistandards anasu,~nrequire-
menta, performance stalidardsforbuild-
ings, and storage and display regula-
tions.
The above deseriptio~ oftheOrdi-
nance is $ summary. AcoJftP~copyof
the Ordinancerevisio(lli are' available
for review at theoflice ofthe9ityCle!"k
at the Elk River City IJalLaiid 'at the
ElkRivel" Library. , ' ,')i
Passed and adOpted this 31 st day of
July,l990. EffectIVe upon publication.
, Mayor Janu~8 Ttalle
ATTEST: '
Sandra ThllCkeray, City Clerk
(Ag 22)
, [)cf\t1 "1L"A /IA~ ,
being duly sworn. o~t~ ~~yili~t ~e/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
la;;~:;::~~d. ;_{~q()/~~
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for , , suc-
cessive weeks; it was fIrst published on Wednesday, the &;Z ~
day of ~~ ' 19:1' D ,and was thereafter
printed and pu lished 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 fg h ij k 1m n 0 p q r 8 t u v w x y z
BY:~ (~
TITLE: ' "
.
Subscribed and sworn to before me on this ~ c!Q Ill< day of
LL1~A.~ ,19CfD...
NO~~ 111. ~C~I~N~;::"---
lLf~ ,~. Oy M. SQHlMINSKI ~
"i , , A - .NNF.SOTA
'~~,:"; ,~OKA COUNTY
RATE INFO~"}'~I'i" My CommIssion ElCpire. Jun. 10, 1993
(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
$
3~.~S
$
$
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