85-007 ORD
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ORDINANCE 85-7
AN ORDINANCE AMENDING SECTION 900.16 - CONDITIONAL USES -
OF THE CITY'S ZONING ORDINANCE
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 "1-1 and 1-2 Industrial Districts" be amended to read as follows:
8. I-I and 1-2 Industrial Districts
h. Single family residential dwelling units acessory 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 care-
taker 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.
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 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
prinicpal 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.
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
uni t.
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.
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Ordinance 85-7
Page Two
Adopted March 18, 1985
Any conditional use permits granted under this section 900.l6(8)(h)(8)
shall therefore automatically expire if the principal use of the pro-
perty changes or the ownership of either the property or the principal
use of the property changes.
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 18th day of March 1985.
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c." ", '))..-.c-<-.#~_....lC7""';:1f-~"C --f:.c
Richard Hinkle, Mayor
ATTEST:
· {P.~f1f1~
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Affidavit of Publication
..
'e6dt'i of
stiial Distnctl!
s:
Jndustrial Districts
mily resi~~etBf:tf ~;,
principal uses, p.tM:dedr ~ ~t'" r" '" .
.;vw,4'bM...thec Da~ ,..pl'illGipal ~flIf:,
"he property makes it necessary or ltigItIy
desirable from both the property owners and
the eity~ Pkl31lectiv,e to have a Twenty.f&lr
(24tboura: d&y caretaker or security pet'$bD
resideontbelpl'(>per:ty. ,., "', ',.' " '
2;.' ,That the proposed dweling unit I is
desig~Jor ,and win 'be y.eed,e~c1u~yeIijby "
care~ or, security; personnel, !:lt8pon$j,bl,e
for, tljte ~ty of the .pr~per~and the iu"in.
cipkhlffe t;~re.of. , ' ,". ",', .,"
- 3.. That the propoMd dwelling unit will be
occupied by no more than,t~perSons. o~of
whoinmust be an immediate family member
fhuf!ba~, "ife, father" /l'l-othEir., o':oehild) <Ii
t~ ,qvmer'of p.e.pr~nqiparuse of the;pp>~y
ahq'neith~r~ of whom may be under ~lgh~n
flSryears ofage. , .'.t'i "
'tdft,.t there shan be only one dwelling
unjt }?E!r:lpt f!!'. if j) i~ipall,lse ,is Joca,ted
on~v~r~Ya.djoi ,1s, J?~r Priilci~~ ~~~:t,'
5,., That Jhe pr~ed clwel!1Dg ~tno' ex-
t HundJ;"~ (800!equare f~nnsize
a 'teQwit,hin Ii buildil1g '.'
p~'lp,al,~e of t.h~,propElfty whieltss'
than Ten. 'J1housand,Oq,OOO,,'Squa~Jeet,in
size. " " , , ' ,j,''',:;,,:,
6~ That the principal use of t.he proPer~y is
not of such l'\ nature that it Would, be
da~~fi1!s ~I:: ~d?us torestden~, of the .
prq~d dlV,ellmgumt, , ' '.,. .
J,:rhatf~he proposed dtqelliq&.~'nit ~~i3
aJl ~her requ~rements of the Cii.y.,qpa~ ,~d
the Uni(QJ;m -au~ Cpde for OCOIaP'!'wY'llS
a d..ling unit by a single family, The city
council"m~. if. it finds it nec~ssaQ' tQ do so
for the ,protection .of Ute Aeal,ttl. ~telry ~nd
,Qf persons whdmaY oceu "ro-
,'dwelling unit;' impose; al
~a,llilllUlb1e requirements or condid :the
construetion and'use of thee unit,.
. 8./f;hdt ;the <1OOditi6n~ us~ ing sueHa \
dw~lfugunit.in an inaus ' zooo IS 'd~med
to ~ )lntque' 't9' the pnn . r liE! p'ro-
'" '. "',~hiptiiaU(1
the: ' .. ' '..' ,..
A rial use permi~ g~aJ)~ q~,..
,thi~ ~"ion 900.16(8) (hI (8, shaff therefore
autOm ,expire if the w'lnci Qf
th :cha'ttges or the"'o. 'of
ei . ., or-'tbe' princl~l' '
STATEOFMINNESOTA )
)ss.
COUNTY OF SHERBURNE )
(~~~
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 ()./\rl~1 ..J <5?$"' -7
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I
successive weeks; it was first published on Tuesday, the
/4-1!1 day of -m~ ,19~,andwas
thereafter printed and pu lished 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:
c::::20
,19.-E:
Notary Public
TA
(1) Lowest classified rate paid by
commercial users for comparable
space
$ 'iCj.~(
(2) Maximum rate allowed by law for the
above matter
$
a~.CjO
(3) Rate actually charged for the above
matter
$
a<6'40