90-046 ORD
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ORDINANCE 90 - 46
AN ORDINANCE AMENDING SECTION 900.20 - GENERAL REGULATIONS
SUB(4) - ACCESSORY STRUCTURES
The City Council of the City of Elk River does ordain as
follows:
Section 1. That Section 900.20(4) of the City of Elk
River Code of Ordinances titled, "Accessory Structures" be
amended to read as follows:
4. Accessorv Buildings
b.
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a. No accessory building or structure shall be
constructed on any residential lot prior to the time
of construction of the principal building to which it
is accessory.
In the A-l and R-Ia zones two (2) detached accessory
buildings (not to include more than one (1)
agricultural building) are allowed per single family
parcel except as provided in Section 900.20(4)(g)
unless a conditional use permit has been issued for
additional agricultural or non-agricultural accessory
buildings as provided in Section 900.12. In cases
where a garage is not part of the principal
structure, the two (2) accessory buildings are
allowed in addition to a detached garage. The total
floor area of the two (2) accessory buildings shall
not exceed one thousand four hundred (1400) square
feet unless a conditional use permit has been issued
to exceed the maximum square footage as provided in
Section 900.12 or one of the accessory structures is
used for agricultural purposes, in which case the
maximum combined square footage is three thousand
(3000) square feet. Restrictions on agricultural
accessory structures shall not apply to parcels that
are 40 acres or larger.
In the R-Ib, R-Ic, R-Id and R-Ie zones two (2)
detached accessory buildings are allowed per single
family parcel except as provided in Section 900.20
(4)(g) unless a conditional use permit has been
issued to allow additional accessory buildings as
provided in Section 900.12. Also, the accessory
buildings shall not exceed one thousand (1000) square
feet in combined floor area unless a conditional use
permit has been issued to exceed the" maximum square
footage as provided in Section 900.12.
d. In all zones no detached accessory building on single
family parcels shall exceed one thousand (1,000)
c.
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square feet in area unless specifically used for
agricultural purposes, in which case the accessory
building shall not exceed two thousand (2,000) square
feet in area, unless a conditional use permit has
been issued to allow a larger accessory building as
provided in Section 900.12, except that agricultural
structures on parcels of forty (40) acres or more in
the A-l and R-Ia zones are not subject to the
restrictions of this section.
e.
A detached accessory building not over one (1) story
and not exceeding fifteen (15) feet in height may
occupy not more than thirty percent (30%) of the area
of any side or rear yard. Also, in A-l and R-Ia
zoned districts, a detached accessory building may be
twenty-two (22) feet in height maximum.
f.
In case an accessory building is attached to the main
building, it shall be made structurally a part of the
main building and shall comply in all respects with
the requirements of this ordinance applicable to the
main building. An accessory building, unless
attached to and made a part of the main building,
shall not be closer than five (5) feet to the main
building.
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g. Portable utility structures not exceeding one hundred
twenty (120) square feet in size may be permitted in
any zone and may be constructed of metal, wood or
masonry so long as the structures comply with the
required minimum setbacks and that the structures be
anchored to the ground.
h. No metal construction/exterior accessory building
will be allowed~n R-Ib, R-Ic, R-Id, and R-Ie zoned
areas unless allowed through a conditional use permit
and used specifically for agricultural purposes or as
provided in Sec~ion 900.20(4) (g).
i. The use of any (1) mobile home as a temporary
residence may be allowed in accordance with the
following requirements and following receipt of a
conditional use permit as outlined in Section 900.42.
i. The mobile home must be occupied by a member of
the farm operator's immediate family. Immediate
family shall mean the farm operator's children,
step-children, father, mother, brother, sister or
ward.
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ii. Both the mobile home occupant and the farm
operator must derive their principal income from
the farm operations.
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iii. The principal and predominant use of the property
must be agricultural.
iv. The conditional use permit is to be reviewed in
two (2) years before renewal is granted and the
operation is allowed to continue.
v. The dimensional setbacks and on-site septic
systems for the mobile home to meet the minimum
City requirements.
i. Garages within multifamily zoned districts must have
a minimum of 40 feet in front of the doorsl clear of
buildings and other obstructions or if uncovered
parking stalls are opposite the garage doorsl there
must be a minimum of 30 feet clear of obstructions
from the garage doors to the end of the uncovered
parking stall closest to the garage.
j. Garage stalls must be a minimum of ten (10) feet in
width.
Section 2. That this ordinance shall take effect and be
in full force from and after the date of its publication.
Passed and adopted this 29th day of
October I. 1990.
, LgdfL iJ
James A. Trallel Mayor
ATTEST:
erk
Affidavit of Publication
CITY.9F ~1,Ji: RI\TER,
Pl\lllNANC;E ,99.4ftA,
AN OIIDlNI\.NC;E.AqNPlNP
sEqrIPN 91)0.29 .,..GE~~
, ImGlJX4\',l'JPNliI.liImI (fO'~..,
.'ACClil$,~.(,)RY,~'.l'Jl.UC';r~~"",,;
r "'The' eity'{~oun(!jl':Qft'h:~/Cit~:of.Elk
River 'w>es ordllinasfollQ~I!:i
S~tioJll.ThatSecti<m 900.~0 (4) of
the Cjty, ,of Elk River Code of Ordi-
nance.s~iiled,~.f\ccessOry ~troctures" be
ame~dW read as followl!: .
4. 4Cce8soJ."YBuUdillP . '
a. No accel!l!Ory btiildi,D8 pr stTUcture
shllIl,l).~ COn.strocted on MY residential
lot priotto~he tiIlle of constroction of
the PrU1~Plllpuildi,n~ ~whi~h it is
accessory... ." ,','i.": . .!",
p. In~heA-l./.!.nd,R-h..~ones two (2)
deta~h~d~~~rY ppil4Jngs. (not to
include th:lP.l 1i'P(;\Y(U agricultural
buildi,ng), .. ,1ll19~~dpe.rl!ingle family
[ parcel {ijc4eptasPrQyid~d'inSection
, 900.~Q (4)(~)uJ,ilessa condition.a! use
pernii~, hal!~n issuell fpr ,addi,tlonal
agriculturllI or non-agricultural acces-
sory buildingl! . as Pl"ovilied in Section
900.12. In CIl!JElll where a, garage is not
part ofth..e.'...prl........n......c. ~p.al.. .s.~. ro.,ctn. '.. ,.,re... ,t.. het'!o
(2) af;(iessPrx,buildi,'Pgs~ allowed in
addition to il 'detached g~age. The wtal
floor area oft4etwll (2) ,accesll()Jy build-
ings shl'rll P.q.e ~hOUSllnd four
hundred' l1are feet,unless a
condi" , permit. hilI! been issued
to e:lC I!laDI!lum square footage
as pl'Ovt,e,d in~ion900.12or one of
theacce~ory,!!tl1Jcturel!is used for
agricultu~tV , P~l'J?OSel!,.i!l: which case
the ~iJilum COI!lPWechqullrefootage
is threeth()usand(3,()Oo) square feet.
Restrjctipnl! onagri~lturalllccessory
stJ11ctures I!hall not apply to parcels
that'are 40 acres or larger.
c;In the B.-lb, R-lc, R-ld and R-le
l!;Ones two (2) detachedacressoJybuild-
ingsare allowed per siJlgle family par-
cel ex:cePtas pro~dedin~ipn9oo.20
(4Xg) unless acondi,tional use permit
h~sbeen issued . t():!rlIQ~':llddi,tional
accessory 'buildingl!ll~,provided in ,Sec-
ti()n90Q,!2,. ::Nll()'" HI,f;'lllJ(;eSll()ry, ~u~d-
ings I!halln()t ex:c:eed. one thousand
, (1 ,()OO) squ~ feet ill (lO~irled 1100r
area unless :aconditionllluse permit
hllsl:leenissued to ~:x.c:eed the maxi-
mum, square fdllt",~ r.'liii, p.rovided in
Section 900.12. . ',., i
d. In all zones no detached accessoryj
building on single family parcels shall'
'exceed one thousand (1,000) square feet
in area unless specifically used fori
agricultural purposes, in which casel
the accessory building shall not e:lCceedi
two thousand (2,000) square feet in i
area, unless a conditional use permit
has been issued to allow a larger acces-
sory building. as provided in Section
900.12, e:lCcept that agricultural stroc-
t1J.~~ on,. parcels .of fortr . (40) . acres or
I!lll~, illtll.e A.l D.nd 1l.11l1lones!>>,e'H~
'tll.~ rel!tr,iQtiPJlI!9f this HI!"
not more than .. peroon .... .llf
the area of any side orrear.yard. Also,
in A-I and R-la zoned di,stricts, a de-
tached accessory building maY be
twenty-two (22) f~et in height maxi-
mum.
f. In case an accessory building is
attached to the main buildi,ng" it shall
be made strocturlllly a part of the main
building and shall comply in . all re_
spects with the requirements of this
ordinllnce applicable to the main build-
. ing. An accel!ll()ry building, unless at-
tached to and made Il Pllrt (If the main
building, !ihall npt.pe clpsertll.lln.five
(5)feettothe main building. ,
g, Portable utility structures not
ClJ:~ding",~~ )
8q.j.l.fl.r~,ftlOt,l
tbQ!
wit th4llrequw,d,;
.~d thatthCl struO- .,
tu . IlJIJJO ore II tho ll1'Ound.
h.No metal construction/e:lCt~rior
accessory buildi,ng will be allowed In R-
Ib lHo ,ll.ld llnd R-le zoned areas
un'less e:llowe~' through a conditional
use permit and used. specifically for
agricultural purppses or as provided in
Section 900.20 (4Xg).
t. The use of any (1) mobile home as
a temppraryresidence may be allowed
in accordance with. the following re-
quirements and follo~ng rece~pt of. a
conditional use pernut as outlined in
Section 900.42.
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
, ~~ '-~.tVl~rl~ ,
being duly sworn, on oath says that helshe is the publisher or
authorized agent and employee of the publisher of the newspa-
per 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 applicaLle
laws, as amended. ,
(B) The printed aJ\JQj.,~~"U YO -4(0
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for t H'l suc-
cessive weeks; it was first published on Wednesday, the '7 ..1.
day of '1\ VV....t>rnJ-e/" , 19j:L, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_day of ,19_;
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.
B8;;;:7;;/~~::~~uY'
TITLE: ~
9~
Subscribed and Sworn to before me on this
l'Vy\}-t/m..lJ.e, ,19 q 0 .
t~ll'V\. ~~~
Notary Public
day of
r~JlN.Nw.NN~.u_._ .~
..i>/':"''''''"'ll,':- ~!Jllrlvl' .~..:Hn~<f.':
'~.I' .t1l.~")1' N ~AH\' "Ut'l . ~I J ii,'" '....),., I "
T1t.JA~d~&. n1l&t: r ."./e'" M't,!J.)~ 0::(',,-. .~
RATEll...~~'t1~~'10K,'\ ,';f'lll''':'y''"'''' ~
(1) Lowest classified rate paih~~.~~~~~::i:'ji). 19fiJ ~'
commercial users for comparable I, ~
space $-J.lt:-aj 0 0
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ qS,/lv
$ qSI'~U~
i. The mobile home must be
occupied bya member ofthe farm. op-
erator's immediate family. Immediate
family shall mean the farm operator's
children, step-children, father, mother,
brother, sister or ward.
ii. Both the mobile home oc-
cupant and the farm operator must
derive their principal income from the
farm operations. '
iii. The principal and predomi-
nant use of the property must be agri-
cultural.
iv. The conditional use per-
mit is to be reviewed in two. (2) years
before renewal is granted and the op-
eration is allowed to continue.
v. Thedi,mensional setbacks
and on~site septic systems forthe mobile
home to. meet the minimum City re-
quirements.
j. Garages within multifamily l!;Qped
districts I!lu~thllv~aIl1inimqI!l <If 40
,feet irI ~!ltQftpe dPQ;JC!I, !lIe,", ofb\lUd-
iIl..~4Qthe!:'Q\)ltJ'U~i9l'!s Of if.uli~Y-
, eJ't4 ,1?1l;fkWB' . !lt~JS ,!ire .'. PPJlQSlte .jth.e
gai-age dGQI'S,. there I!lUIt~be 3'UUIil.1-
mUijl Qf ~Q feet clear Qf,opstTUctiQnB
~::;~~~:!=():Ji~~:s:~: :!:k:
garage.
k. Ga.rage stalls must be a minimum
often (10) feet in width.
Section 2. That this ordinance shall
take effect and be in full force from and
after the date of publication. Passed
and adopted this 29th day of October,
1990.
James A. Tralle, Mayor
Attest: Sandra Thackeray, City Clerk
(N7)