4.5 SR 11-18-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.5
Meeting Date
November 18, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Ordinance Amendment 24-21 Storage and Location
of Waste Containers
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Ordinance 24-21 amending the nuisance code to address the improper placement of
temporary waste and recycling bins.
Background/Discussion
The proposed ordinance amendment addresses concerns about the placement of storage containers for the
temporary storage of waste and recyclable items. As these containers sometimes accumulate excess items
that do not fit (trash bags or other items meant for disposal or recycling), the proposed ordinance requires
them to be placed in the rear yard and out of view from the public right-of-way. Placing the containers out of
view of the public will minimize the visual nuisances the excess materials can create.
Financial Impact
None
Mission/Policy/Goal
Improve citizen quality of life
Attachments
1. Ordinance Amendment Document
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Last Updated January 2023
Ordinance 24 - 21
An Ordinance Amending Chapter, 46, Nuisances, 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 § 46-34 (a) (3), Public Nuisances, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(3) Privy vaults and garbage cans which are not fly tight and trash receptacles or other temporary
onsite storage receptacles of insufficient size so as to not eliminate the storage of trash or
other items outside the covered receptacle.
SECTION 2. That § 46-34 (a) (9), Public Nuisances, of the City of Elk River Code of Ordinances
shall be amended to add a section as read as follows:
(9) Accumulations or storage in the open (i.e., not contained within a building) of any of the
following items or any parts or accessories thereto:
. . .
k. Accumulations of waste, recycling, or other similar items temporarily onsite for disposal
or removal, that are stored in a container that does not have a lid sufficient to contain the
items completely from view and any odor associated with such items or that otherwise
exceeds the capacity of the storage container.
SECTION 3. That § 46-34 (a) (12), Public Nuisances, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(12) The improper storage of containers for the temporary storage of waste, recycling, or other
similar items for disposal or removal from the site.
a. For single-family dwellings, appropriate waste storage containers may be stored in the rear
of the premises, may be stored in the side yard if screened from the street and adjoining
properties, or may be stored within any structure located on the premises.
b. For commercial or multi-family residential buildings properties, appropriate waste storage
containers may be stored in the rear of the premises or within any structure located on the
premises. All trash container storage areas that are visible from any public right-of-way will
be screened on all sides. Trash or trash Storage containers must not exceed the height of
the screening. Required screening will be at least 95 percent opaque throughout the year,
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Last Updated January 2023
unless otherwise specified. Screening will be designed to be compatible with the
architectural treatment of the principal building.
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 18th day of November, 2024.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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