79-003 ORD
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Ordinance No. 79-3
ELK RIVER SUORELAND AND WILD & SCENIC RIVER MANAGEMENT
ZONING ORDINANCE
The City Council of Elk River ordains:
Section 1. Policy and Authorization
An ordinance regulating developneht within shore1and areas and within the
Mississippi Wild & Scenic River District as required by Minnesota Statutes,
Sections 104.31-104.40, 105.485, and 462.351-462.364.
Section 2. Scope and Interpretation
2.1 The provisions of this ordinance shall apply within all "shoreland"
areas as defined by Minnesota Regulations ~m S2(d) and within the
designated Wild & Scenic River Land Use District of the Mississippi
River in accordance with the property descriptions of Minnesota Regu-
lations NR 2400.
2.2 The provisions of this ordinance shall be interpreted to be minimum
requirements. The provisions of any other ordinance which ilnpose
greater restrictions or provisions not addressed by this ordinance
shall apply within the lands controlled by this ordinance.
Section 3. General Provisions
All applicable minimum standards required by Minnesota Regulations t.."R 82-
84, NR 2420 C.6., and NR 2420 C.8. are hereby made a part of this ordin-
ance as if fully set forth herein. Copies of these regulations shall be
kept on file with the Office of the City Clerk.
Section 4. Shoreland Classifications ,
4.1 The following lakes are hereby classified "Natural Environment" (NE).
in accordance with Minnesota Regulations NR 82(f): Twin Lake;
Kliever Marsh (located in Sections 1 & 2, T 32N, R 26W); Eagle Lake;
Rice Lake; Unnamed Lake (located in Section 2, T 33N, R 26W); Unnamed
Lake (located in Section 12, '1' 33N, R 26W); Unnamed Lake (located in
Sections 12 & 13, T 33N, R 26W); Unnamed Lake (located in SE~ of Sec-
tion 23, T 33N, R 26W); Unnamed Lake (located in SW~ of Section 23,
T 33N, R 26W); Unnamed Lake (located in Sections 16 & 17, T 33N,
R 26W); Unnamed Lake (located in Sections 34 & 35, T 33N, R 26W);
and Unnamed Lake (located in See Hon 25, T 33N, R 26W).
4.2 The following lakes and streams are hereby classified "General De-
velopment" (GO) in accordance with Minnesota Regulations NR 82(f):
Orono Lake; Trott Brook; Unnamed Creek (located in Sections 17, 20,
29 & 32, T 33N, R 26W); Elk River; and the Mississippi River (except
that marinas are not allowed and the building setback requirement
shall be 100 feet).
Section 5. Uses
The uses allowed wi thin the Shoreland and Wild & Scenic River Areas shall
be those prescribed by the Elk River Zoning Ordinance and any other ordin-
ance controlling the use of land wi thin these areas.
Section 6. Sanitary Facilities
6.1 . All minilnum standards of the Minnesota Pollution Control Agency re-
lating to Individual Sewage Treatment Systems (6 MCAR ~ 4.8040) are
hereby made a part of this ordinance as if fully set forth herein.
These standards shall apply to all lands controlled by this ordin-
ance and a copy of these standards shall be kept on file with the
Ordinance, Page 2
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Office of the city Clerk
6.2 Sanitary facilities tl~t do not meet the performance standards of
6 MCAR 9 4.8040 or Minnesota Regulations tiR 83(d) shall be replaced
or removed within five (5) years of the Date of Effect of this Or-
dinance.
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section 7. Enforcement and Administration
This ordinance shall be enforced and administered in accordance with the
requirements of the Elk River Zoning ordinance (ordinance No. 12.03), ex-
cept where superseded by more restrictive requirements of this ordinance.
jl,
Section 8. Date of Effect
This ordinance shall take effect and be in full force from and after its
adoption, publication and filing with the County Recorder.
Passed by the City Council of the city of Elk River this 1st
May , 1979.
day of
APprOV&4/Mfn~!/~
"'" . y Mayor
Attest:
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0;~ C~ <--4~,-e<2k F-
City Clerk ,
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Recommended by the City Planning commission: Date:
Chairman:
Published:
Filed with the County Recorder:
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PUBLIC NOTICE
AFFIDA VIT OF PUBLICATION
State of Minnesota
County of Sherburne
} SSe
Charles F. Dare, 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
Sherburne County 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 75% 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 files
a copy of each issue immediately with the State Historical Society. (7) Said
newspaper is made available at single' or subscription prices to any person,
corporation, partnership or other unincorporated association requesting the
newspaper anc1making the applicable payment. (8) Said newspaper has complied
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,^ AiYLOJIL~..Q...j
CyLo. 19-3
hereto attached as part hereof was cut from the columns of si:lid newspaper,
and was printed and publiShed therein in the English language, once each week
for
I
~ ~ih'daY of ~M
and was thereafter
successive weeks; that it was first so published on Thursday,
1971
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
aCknowledged as being the size and kind of type used in the composition and
publication of said notice, to wit:
abcdefgh i j kl mnorqrstuvwxyz
CJ!~;;W~~ublisher
~ day of
Subscribed and sworn to before me this
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~yt?1/ /Y)a~
19
79
Notar P Minnesota
,.~, MARL YCE MARQUART
M lilJ\in 1tQ~~ PUBLIC. MINNESOTA 19
\ IV. SHERBURNE COUNTY
"'~..... My Commission Expires Mar. 31, 1982