ORD 24-06to be removed
Underlines to be added
Ordinance 24 - 06
An Ordinance Amending Chapter 30, Sections 30- I, Definitions, and 30-1292 1-1
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 operation of am- business licensed as a cannabis cultivator
or medical cannabis cultivator under Minnesota Statutes Chapter 342.
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. provided that:
a. The proposed cultivation facilin has all permits required for operation, including; all
hermits required by the State of Minnesota under Minnesota Statutes Chapter 342. as
it ma)� be amended from time to time. A conditional use permit under this section
mar issue before the grantee has obtained all necessan, permits; however, the €rrantee
shall submit proof of obtaining the necessan hermits to the Cin- of Elk River before
anx cultivation operations begin.
(34) Commercial recreational facilities.
(45) Dry cleaning establishments.
(36) Government facilities.
(07) Landscaping contractor yards.
(7S) Microbreweries.
($9) Motor vehicle, trailer, and/or equipment sales.
(931G) Outdoor storage (accessory to principal use).
(4$11) Recycling processing centers.
(4412) 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.
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8 9 E I E I I
Last Updated January 2023
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Underlines to be added
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.
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 3. 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.
4JTn giietzAayor
ATTEST:
l
Tina Allard, City Clerk
Last Updated January 2023
NATUREI
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 01/20/2024 and the last
insertion being on 01/20/2024. .
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. ; §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper, complies
with the conditions described in ,§580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in ths,latter county.
Designated
Subscribed and sworn to or affirmed before
me on 01/20/2024 by Rhonda Herberg.
QaA�-�N1 fV l -
Notary Public
FDARLENE
MARIE MAMMN
NOTMY PUBLIC - MINNE80TA
MY Cnnxnls W BWON Jan 31, 224
- - Q__
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
Ad ID 1368873
CITY OF ELK RIVER
ORDINANCE 24-06
AN ORDINANCE
AMENDING CHAPTER 30,
SECTIONS 30-1,
DEFINITIONS, AND
30-12921-1
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:
SECTIQN 1. That § 30-1, Defini-
tions of the City of Elk River Code
of Ordinances shall be amended to
add the following definition:
Commercial Cannabis Cultiva-
tion means the operation of any
business licensed as a cannabis
cultivator or medical cannabis cul-
tivator under Minnesota Statutes
Chapter 342.
$ECTION 2, That § 30-1292
(d), 1-1 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 1-1 district are as fol-
lows:
(1) Brewer taprooms.
(2) Bus storage. Not to exceed
ten buses, unless the property has
direct access to an arterial or col-
lector street.
(3) Commercial Cannabis Culti-
vation. provided that:
a. The proposed cultivation facil-
ity has all permits required for oper-
ation. including all permits required
by the State of Minnesota under
Minnesota Statutes Chapter 342,
as it may be amended from time
to time. A conditional use permit
under this section may issue before
the grantee has obtained all neces-
saNpennits: howeverr, the grantee
shall submit proof of obtaining the
necessary permits to the City of Elk
River before any cultivation opera-
tions begin.
p/� Commercial recreational fa-
cilities.
(4i Dry cleaning establish-
ments.
(56) Government facilities.
(64 Landscaping contractor
yards.
(78) Microbreweries.
(89) Motor vehicle, trailer, and/or
equipment sales.
(9U Outdoor storage (accesso-
ry to principal use).
(9611 Recycling processing
centers.
(+4-.M Residential, single-family
accessory to principal uses, pro-
vided 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 per-
spective 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 ex-
clusively by caretakers or security
personnel responsible for the secu-
rity of the property and the principal
use thereof.
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 dwell-
ing 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 prop-
erty is not of such a nature that it
would be dangerous or hazardous
to residents of the proposed dwell-
ing 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 nec-
essary to do so for the protection
of the health, safety and welfare of
persons who may occupy the pro-
posed dwelling unit, impose addi-
tional 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 condition-
al use permits granted under this
section shall therefore automatical-
ly expire if the principal use of the
property changes or the ownership
of either the property or the princi-
pal use of the property changes.
WTI.ON 3, 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
161' day of January, 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
January 20, 2024
1368873