85-004 ORD
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ORDINANCE 85-4
The City Council of the City of Elk River does ordain as follows~
Section 1. That Section 900.16 (8) of the City of Elk River Code of Ordinances
titled, "Conditional Uses - I-I and 1-2 Industrial Districts." be amended to read
as follows:
h. Single family residential dwelling units accessory to principle uses, provided:
1. That the nature of the principle 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 exclu-
sively by caretakers or security personel responsible for the security of the
property and the principle use thereof.
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) of the owner of the principle 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 principle
use is located on several adjoining lots, per principle use.
5. That the proposed dwelling unit not exceed Eight Hundred (800) square
feet in size and be located within a building serving the principle use of
the property which is no less than Ten Thousand (10,000) square feet in size.
6. That the principle use of the property is not of such a nature that it
would be dangerous or hazardous to residents of the proposed dwelling unit.
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.
8. That the conditional use allowing such a dwelling unit in an industrial
zone is deemed to be unique to the principle use of the property and the owner-
ship of the property and the principle use.
Section 2. Any conditional use permits granted under this section 900.16 (8) (h)(8) .
shall therefore automatically expire if the principle use of the property changes or
the ownership of either the property or the principle use of the property changes.
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Ordinance 85-4
Page Two
Section 3. That this Ordinance shall take effect and be in full force from
and after the date of its publication.
Passed and adopted this 18th day of March, 1985.
Attest:
/)iJ /7) /') /l'
C,&~ll~ f,~ 6~ lLW1>>()
Phyl is Boedigheime~
City Clerk/Treasurer
~'/"~--'i" JL'?
1/ . / ;7 /. ./1
\" .)' ,,/<!.t2--, . -r-?Z.,;/..IC
Richard Hinkle, Mayor
Affidavit of Publication
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OlU)lNANCE 81).4
. of the City?! Elk River
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
~ Jbt~
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and
,read
1 d un s iic-
proVided' " r 'c, '
nature of'the principle l1Se~J>f
t}ie makes it.,necessary or lhighlY
~si . om both the property owners and
the citts perspective to have a rwenty.four
(:~4) ho.; a day caretaker or security persort
~ide on tpe property. . . ..
'2. , the proposed dwelling umt JS
dl!si "r and, will be useeI' exclusively by
~ caretakers or security personnel respon.
8161e for the security of the property and the
prinei S'e thereof. . ..
':3. T proposed dwelling umt will be
OOcupre 0 more than two persons, one of
WhomnJ,lllit 'be an immediate famlly member
(.husband. .wife" father, mother, or child) of
the()wnet~f the principle use of tile property
and neitbEft of whom may be under Eighteen
(18) years of age. .
4. That there shall be, only one dwelling
uhit per lot or, if one principle use is located
on several adjoining lots, per principle use.
:5. T~t the proposed dwelling unit. ~ot ~x.
ceed Eight Hundred. (800) square feet In size
and;be located within a building serving the
principle use of the property which is no less
than Ten Thousand (10.000) square feet in
size: .
ti. lThat rhe principle Me of the property is .
not of such a nature that it would be
danger<>us'or haZardous to residents of the
prop~ dwelling unit. , ,
. 7. ~t. the proposed' dwelling unit meets
all ot~, requirements of the dty Code and
the UtUform Building Code for Occupancy ~s
a dwelling unit by a single family. Tbe City.
Council tnay, if itfin9s it necessary to do so
fQr .the: protection of the health, safety and
wej.flqe:.of~rS(i)ns who, may occupy the pro.
posed . ilwe.\ling c unit, impo~. ~di.t~OWl-l
reasonable requirements 01' eon~htions on the
construttion and use of the dwelling unit.
8. That the condidonaluse aIlowin~ s~ch a
dwelUng unit in an industrial zone is deemed
tl.l be unique to the principle use of the pro-
perty lil'ld the ownership 'nf the property and
tbe principle use.. .
. Secti~ 2. Any conditional use Permits
granted under thi&' section 900.16 (8) (h) (8)
shall therefore automatically expire if the
principle use of the EJtoperty change~ or the
ownership of either the property or the prin.
ciple use of the property changes.
. Section. 3.- That this Ordinance shall take
effect and be in full force from and after the
~te of its publication. tl.'s18'tl.day of
Passed .and adopted I,. U
March. );985.
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the news-
paper known as The Elk River Star News, and has full know-
ledge of the facts which are stated below:
(A) The newspaper has complied with all of the requirements
constituting qualification as a qualified newspaper, as pro-
vided by Minnesota Statute 331A.02, 331A.07, and other
applicable laws, as amended. ,
(B) The printed O~ ~s-4
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I
su~sive weeks; it was first published on Tuesday, the
~ - day of ()fAA'f!.. ,19.zs:andwas
thereafter printed and published on every Tuesday to and
including Tuesday, the day of
19_; and printed below is a copy of the lower case alpha-
bet 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:
TITLE:
day of
Subscribed and sworn to before me on this ~
~;'L ,19?., .
~e~Lb2'A~
Notary Public
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Att~st:
Phyflis Boedigheimer
Oit:! Clerk/Treasurer
- .... --. fA2)
Richard Hinkle. Mayor
. . .... \
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~RI~'lY..ev.aLlC-MINNESOTA
~NE COUNTY
MY COMM. EXP. MAR 2
(1) Lowest classified rate paid by
commercial users for comparable
space
$
40:1<=6
(2) Maximum rate allowed by law for the
above matter
$ a'i.'t'1
(3) Rate actually charged for the above
matter
$
::1 ~ q<1