ORD 05-009
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ORDINANCE 05 - 09
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-1023, 30-801 AND 30-2021
OF THE CITY CODE OF ORDINANCES
RELATING TO ACCESSORY BUILDINGS, HOME OCCUPATIONS, AND LOT AREA
AND WIDTH STANDARDS IN THE SHORELAND DISTRICT
Case No. OA 05-07
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1023 titled C-2 Office District of the City of Elk River Code of
Ordinances shall be amended by adding the following:
Sec. 30-1023. C-2 office district.
(d)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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Conditional uses. Conditional uses in the C-2 district are as follows:
Licensed day care facilities.
Institutional uses.
Single-family dwellings.
Financial institutions.
Funeral parlors.
Boardinghouses.
Governmental buildings and facilities.
Sauna establishments.
Accessory structures associated with single-family dwellings.
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Section 2. Section 30-801 titled Home Occupations of the City of Elk River Code of
Ordinances shall be amended by amending the following:
Section 30-801. Home occupations
(c) Permitted home occupations. Permitted home occupation permits shall be issued subject to
the conditions of this section, other applicable city ordinances and state law. A permit for a
permitted home occupation may be issued by the city based upon proof of compliance with
the provisions of this section. Application for the permitted home occupation permit shall
be accompanied by a fee as adopted by resolution of the city council. If the city denies a
permitted home occupation permit to an applicant, the applicant may appeal the decision
pursuant to the provisions of subdivision II of division 2 of this article. Permitted home
occupations are subject to the following criteria:
(1) The occupation shall be carried on entirely within the dwelling unit or attached garage,
except that light construction contractors may use detached accessory structures which
would normally be allowed under the provisions of this article for storage. If the home
occupation is carried on in the garage, the minimum amount of required garage space shall
be maintained.
(2) There shall be no exterior evidence of the home occupation such as displays or
exterior storage of business equipment, materials, merchandise, inventory or heavy
equipment.
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(3) No pennitted home occupation shall require internal or external construction features
not customarily found in dwellings.
(4) A maximum of one full-time employee, or equivalent, other than those persons who
customarily reside on the premises shall be employed. This provision shall not apply to
dwellings where the pennitted home occupation is a meeting place for employees and the
work is done off-premises.
(5) Pennitted home occupations involving teaching shall not exceed two pupils at a time.
(6) Any sign or visible advertisements shall not exceed two square feet in area and shall be
mounted flat on the outside wall of the dwelling.
(7) No pennitted home occupation shall be serviced by delivery vehicles larger than
26,000 pounds gross vehicle weight.
(8) No home occupation shall have outside employees and/or customers between the
hours of 10:00 p.m. and 7:00 a.m.
(9) Pennitted home occupations shall not create a parking demand in excess of that which
can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet
to the curbline or edge of the paved surface.
(10) The operation of any wholesale or retail business, unless it is conducted entirely by
mail, and does not involve the sale, shipment, or delivery of merchandise on the premises, is
prohibited. On-site sales shall be limited to those clearly incidental to services provided in
the dwelling.
(11) Pennitted home occupations may not involve repair of internal combustion engines
or use of equipment which is not normally found in a home, except that equipment which is
typically in an office may be used.
(12) The applicant shall obtain and include with their application, written proof that the
Homeowner's Association, if one is present, has received seven days notice of the
application for a Home Occupation.
Section 3. Section 30-2021 titled Lot Area and Width Standards of the City of Elk River
Code of Ordinances shall be amended by amending the following:
Section 30-2021. Lot area and width standards
(2) Lakes (Sewered Areas)
c. General Development
Riparian Lots
N onriparian Lots
Area sq.ft.
10,000
17,500
25,000
32,500
Width
80'
135'
190'
245
Single
Duplex
Triplex
Quad
Area(sq.ft.)
15,000
26,000
38,000
49,000
Width
80'
135'
195'
255'
d. Natural Environment
Riparian Lots
N onriparian Lots
Area (sq.ft.) Width
20,000 125'
35,000 220'
52,000 315'
65,000 410'
Single
Double
Triplex
Quad
Area (sq. ft.)
40,000
70,000
100,000
130,000
Width
125'
225'
325'
425'
S:\Ordinances\2005 Ordinances\Approved\05-09 Amend See 30-1023,30-801, & 30-2021.doc
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Section 4. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 4th day of
April, 2005
Attest:
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J o~ S hmidt
CtJerk
S:\Ordinanees\200S Ordinanees\Approved\OS-09 Amend See 30-1023,30-801, & 30-2021.doe
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Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
~ Ii 7~1 brftlHJJ'1iJS
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper 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 applicable laws, as amended.
B) The printed O'l~cL-1 Yl(lV\CiG 05 ~oL-
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for I successiv,e weeks; it was first published
on Wednesday, the IlTf'\-dayof A Dr i J ,
I
20 , and was thereafter printed and published every
Wednesday to and including Wednesd,l.\y, the
day of , 20_; 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 fgh ij k 1 m n 0 p q r s t uvw x y z
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Subscribed and sworn to before me on this ! ji"-
~ri~,)~
N~
day of
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space $34~ . (J{)
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ 3Cflo. OD
$ 390.00
AND' LO"T- AREA AND WIDTH STANDARDS IN THE SHORELAND DlSTKlCT
<' , . Case No. OA 05-07 '
The City Council of the City of Elk River does herehy ordain as follows: .
Section 1. Section 30~1023 titled C-2' Office District of the City of Elk River Code of Ordinances shall be
amended by adding the following: . '. .
Sec. 30-1023, C-2 office district. "
(d) Conditional uses. Conditional uses in the C-2 district are as follows:
1 (1) Licensed day care facilities. '
(2) Institutional uses. '
(3) Single-family dwellings.
(4) Financial institutions.' "
(5) Funeral parlors. '
(6) Boardinghouses.
(7) Governmental buildings and facilities.
. (8) Sauna establis '.
, (9) Accesso ted with single.-family dwellings.
. . on 2. d Home Occupations of the, City of Elk' River Code of Ordinances shall be
~~ .~ "
Section 30- ons
(c) Permitted ris. Perniitted home occupation permits shall be issued subject to the condi-
tions of this: section, other ble city ordinances and state law. A permit for a permitted home occupation
may be issued by the cit pon proof Qf compliance with the provisions of this section. Application for the
, permitted home occupa it shall be ,accompanied by a fee as adopted by resolution of the city council.
, If the city denies a:p e occupation permit to an applicant, the applicant Ip.ay appeal the decision
pursu,ant tl) the pro . division II of .division 2 of this article. Permitted home occupations are subject
to" the following criteri
,(1) ,The occupation carried on entirely within the dwelling unit or attached garage, except that ligl1t
construction contractor ay use detached accessory'structures which would normally be allowed under the
provisions of this article for storage. If the home occupation is carried on in the garage, the minimum amount
of required garilge space shall be maintained.
(2), There shall be no exterior evidence of the' home occupation such as displays or exterior storage of bus i-
ness equipment, IJlaterials, merchandise; inventory or heavy equipment.
, (3),' No permitted home occupation shall require internal or external construction features not customarily
found in dwellings.. . " '.,
(4) A maximum of one full~time employee, or equivalent; other than those persons who customarily reside
on the premises shall be employed. This provision shall not apply to dwellings where the permitted home occu-
pation is a meeting place for loyees and the work is done off-premises.
(5) Permitted home occuonsinv' aching shall not exceed two pupils at a time.
(6) Any sign or visib Iseme 0 square feet in area and shall be mounted flat
it is conducted entirely by mail, and does not
mises, is prohibited. On-site sales shall be lim-
. g.
internal combustion engines or use of equipment
',' twhich is typically in an office may be used.
Nonriparian Lots
Areasq.ft.
, 10,000
17,500
25,000
32,500
Width
80'
135'
190'
245'
Nonriparian Lots
. Area (sq.ft.) Width
20,000 125'
35,000 220'
52,000 315'
Quad ., , .' .425' ,65,000 410'
Section 4. That this ordinance sn8.ll take effect upon publication as provided by law.
Passed and adopted By the City C,ouncil of the City of Elk River this 4th day of April, 2005
~~:.~~L_~i~0.,~,~~'~~;~;~_.:~,J ~~~r '" !<).;".'t,q;~ , <.; - ", <, .' ,,~tephanie Kl~~~~~
Attest:
Joan Schmidt
City Clerk