82-006 ORD
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City of Elk River
Ordinance No. 82-6 , Amending Section 900.34(7) of the
Elk River Code of Ordinances to permit in certain circumstances and
pursuant to certain procedures and standards, alterations which will
extend or intensify a nonconforming use.
The City Council of the City of Elk River ordains that Section
900.34(7) of the Elk River Code of Ordinances be amended to read as
follows:
7. Alterations.
a. The lawful use of a building existing on September 4, 1980,
may be continued, although such use does not conform with
the provisions hereof. If no structural alterations are
made, a nonconforming use of a building may be changed to
another nonconforming use of the same or more restricted
classification. The foregoing provisions shall also apply
to nonconforming uses in districts hereafter changed.
Whenever a nonconforming use of a building has been changed
to a more restricted use or to a conforming use, such use
shall not thereafter be changed into a less restricted use.
b. Permission to make alterations which will extend or intensify
a nonconforming use may be requested and granted pursuant
to the procedures and standards set forth in ~900.40 of
this Ordinance, provided:
i. The cost of the alteration is not in excess of 25%
of the assessed value of the improvements on the
property;
ii. The alteration will not make the property any less
compatible with adjacent properties;
iii. The entire nonconforming use of the property shall
be discontinued at the expiration of the amortization
period established by ~900.34(1) of this Ordinance,
which amortization period shall not be extended by .
reason of the alteration to the nonconforming use;
iv. The owner of the property shall execute and record,
in a form prescribed by the City Attorney, a document
placing future purchasers of the property on notice
of the amortization period established by ~900.34(1)
and the fact that the amortization period has not
been extended by reason of the alteration.
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Passed by the Elk River City Council this
August
, 1982.
Attest:
23rd day of
~)
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Rlchard HlnKle
Mayor
PUBLIC NOTICE
AFFIDAVIT OF PUBLICATION
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State of Minnesota
County of Sherburne
} SSe
l:lmer L. Andersen, being duly sworn on oath says he is and during all the
times herein stated has been the publisher and printer of the newspaper
known as Star News and has full knowledge of the facts herein stated as
follows: (1) Said newspaper is printed in the English language In newspaper
format and in column and sheet form equivalent in printed space to at least 900
square inches. (2) Said newspaper is a weekly and Is distributed at least once
each week. (3) Said newspaper has 50% of Its news columns devoted to news of
local interest to the community which it purports to serve and does not wholly
duplicate any other publication and is not made up entirely of patents, plate
matter and advertisements. (4) Said newspaper is circulated in and near the
municipality which it purports to serve, has at least 500 copies regularly
delivered to paying subscribers, has an average of at least 15% of its total
circulation currently paid or no more than three months In arrears and has entry
as second-class matter in its local post-office. (5) Said newspaper purports to
serve the City of Elk River in the County of Sherburne and It has Its known office
of issue in the City of Elk River in said county, established and open during its
regular business hours for the gathering of news, sale of advertisements and sale
of subscriptions and maintained by the publisher of said newspaper or persons in
his employ and subject to his direction and control during all such regUlar
business hours and devoted excluSively during such regular business hours to the
business of the newspaper and business related thereto. (6) Said newspaper flies
a copy of each issue Immediately with the State Historical Society. (1) Said
newspaper is made available at single' or subscription prices to any person,
corporation, partnership or other unincorporated association requesting the
newspaper and making the applicable payment. (8) Said newspaper has compiled
with all the foregoing conditions for at least one year preceding the day or dates
of pUblication mentioned below. (9) Said newspaper has filed with the Secretary
of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an.
affidavit in the form prescribed by the Secretary of State and signed by the
publisher of said newspaper and sworn to before a notary public stating that the
newspaper is a legal newspaper.
He further states on oath that the printed
n~
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hereto attached as part hereof was cut from the columns of s<lld newspaper,
and was printed and published therein In the EngliSh language, once each week
for
I
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successive weeks; that it was first so published on Thursday,
day of ~~ 19~~and was thereafter
the
printed and publiShed every Thursday to and including the
day of 19 and that the following Is a
printed copy of the lower case alphabet from A to Z, both inclusive, and Is hereby
acknowled s being the size an Ind of type used in the composition and
pub!:"" . of said notice, to wit:
abc
. Publisher
c~
Subscribed and sworn to before me this ./~ day of
~~~ 19 %;
md~-~ad
Notary Public
County, Minnesota
MAALYCE MARQu
SHERBURNE J::u~SOTA
MY COMM. EXP. MAR. 2, ,.
My Commis