5.2. ADDITIONAL ATTACHMENT 12-19-2023Strikethroughs to be removed
Underlines to be added
Ordinance 24 - ____
An Ordinance Amending Chapter, 30, Sections 30-1 Definitions, and 30-1292, I-1
Light Industrial District, of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 30-1, Definitions of the City of Elk River Code of Ordinances shall be
amended to add the following definition:
Commercial Cannabis Cultivation means the cultivation of cannabis within a building, structure,
greenhouse, hoop house, or outdoors for commercial sale and distribution in accordance will all
state standards and licensing requirements. Cultivation shall include the growing, drying, processing,
and packing of whole flower cannabis products.
SECTION 2. That § 30-1292 (d), I-1 light industrial district – Conditional uses of the City of
Elk River Code of Ordinances shall be amended to read as follows:
(d) Conditional uses. Conditional uses in the I-1 district are as follows:
(1) Brewer taprooms.
(2) Bus storage. Not to exceed ten buses, unless the property has direct access to an arterial or
collector street.
(3) Commercial Cannabis Cultivation
(34) Commercial recreational facilities.
(45) Dry cleaning establishments.
(56) Government facilities.
(67) Landscaping contractor yards.
(78) Microbreweries.
(89) Motor vehicle, trailer, and/or equipment sales.
(910) Outdoor storage (accessory to principal use).
(1011) Recycling processing centers.
(1112) Residential, single-family accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or highly desirable
from both the property owner's and the city's perspective to have a 24-hour-a-day
caretaker or security person reside on the property.
b. 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.
Last Updated January 2023
Strikethroughs to be removed
Underlines to be added
c. The proposed building unit will be occupied by no more than two persons, neither
of whom may be under 18 years of age.
d. There will be only one dwelling unit per lot or, if one principal use is located on
several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will be located
within a building serving the principal use of the property which is no less than
10,000 square feet in size.
f. 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.
g. The proposed dwelling unit meets all other requirements of this Code and Minnesota
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.
h. 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. Any conditional use permits granted under this section shall
therefore automatically expire if the principal use of the property changes or the
ownership of either the property or the principal use of the property changes.
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 16th day of January, 2024.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated January 2023