ORD 26-04City
EfltVei-r="Ri
Ordinance 26 - 04
An Interim Ordinance Establishing a Moratorium on the Issuance of Building
Permits and Land Use Approvals for Multifamily Structures for One Year from the
Date of This Ordinance and Exempting Applications That Have Been Submitted as
of the Effective Date
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. BACKGROUND.
1. Minnesota Statutes, Section 462.355, Subd. 4 authorizes a city to enact an interim
ordinance for the purpose of considering the adoption or amendment of official
controls as defined in chapter 462.
2. Minnesota Statutes, 412.221, subd. 32 empowers the city to enact an interim
ordinance under its general police powers to protect the public health, safety, and
welfare.
3. The City Council included a full review of the city's zoning ordinance under the 2026
Capital Improvement Plan (CIP) with the goal of updating the city's zoning and
subdivision ordinances to reflect the goals of the Comprehensive Plan, adopted
October 18, 2021.
4. The Comprehensive Plan includes strategies to address the challenges of housing
affordability through multiple strategies, including the addition of higher density
housing to existing single-family districts (missing -middle housing).
SECTION 2. FINDINGS.
1. The current ordinance does not support most of the housing strategies described in
the Comprehensive Plan, necessitating the ordinance update.
2. Multifamily housing (apartment) is allowed in areas that may be rezoned and have
the potential to detract from the goals of the Comprehensive Plan as it relates to
addressing the city's housing goals.
3. The City Council has determined that prohibiting further development of multifamily
housing projects will provide the city with an opportunity to ensure these important
elements of a complete spectrum of housing types are constructed in locations that
will support the goals of the Comprehensive Plan.
SECTION 3. MORATORIUM.
1. The issuance of building permits and the granting of land use approvals for all
multifamily housing projects within the city is hereby prohibited for twelve (12)
months from the effective date of this ordinance.
2. Exemptions:
a. This moratorium does not apply to building permits and land use
applications submitted prior to the effective date of this ordinance.
SECTION 4 STUDY
1. The City Council directs the Community Development Department and the Planning
Commission to move forward as quickly as is reasonably practical to hire a
consultant to assist with a full review of the city's zoning and subdivision ordinance.
2. Once completed, the Planning Commission's recommended updates to the city's
zoning ordinance and zoning map will be brought forward to the City Council for
consideration.
SECTI N S. ENFORCEMENT. The city may enforce this Ordinance by mandamus, injunctive
relief, or other appropriate civil remedy in any court of competent jurisdiction. The City
Council hereby authorizes the City Administrator, in consultation with the City Attorney, to
initiate any legal action deemed necessary to secure compliance with this Ordinance.
SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established
under this Ordinance shall remain in effect until twelve (12) months from its effective date,
at which point, it will automatically expire.
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after
its passage by the City Council and publication.
Passed and adopted by the City Council of the City of Elk River this 17th day of February,
2026.
ATTEST:
- --
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Cal Portner, Interim Deputy City Clerk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
I do solemly swear that the notice, as per the
proof, was published in the edition of the
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 02/21/2026 and the last
insertion being on 02/21/2026.
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 the latter county.
By: -,A -
Designated Agent
Subscribed and sworn to or affirmed before
me on 02/21/2026
Notary Public
oFT"T JACQUELINE HUERTA
Notary Public
Minnesota
My Commission Expires Jan. 31, 2029
Rate Information:
(1) Lowest classified rate paid by commercial users
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Ad ID 1520108
CITY OF ELK RIVER
ORDINANCE 26 - 04
AN INTERIM ORDINANCE
ESTABLISHING A
MORATORIUM ON THE
ISSUANCE OF BUILDING
PERMITS AND LAND
USE APPROVALS FOR
MULTIFAMILY STRUCTURES
FOR ONE YEAR FROM THE
DATE OF THIS ORDINANCE
AND EXEMPTING
APPLICATIONS THAT HAVE
BEEN SUBMITTED AS OF
THE EFFECTIVE DATE
The City Council of the City of
Elk River does hereby ordain as
follows:
SECTION 1.
1. Minnesota Statutes, Section
462.355, Subd. 4 authorizes a city
to enact an interim ordinance for
the purpose of considering the
adoption or amendment of official
controls as defined in chapter 462.
2. Minnesota Statutes, 412.221,
Subd. 32 Empowers the city to en-
act an interim ordinance under its
general police powers to protect
the public health, safety, and wel-
fare.
3. The City Council included a
full review of the city's zoning ordi-
nance under the 2026 Capital Im-
provement Plan (CIP) with the goal
of updating the city's zoning and
subdivision ordinances to reflect
the goals of the Comprehensive
Plan, adopted October 18, 2021.
4. The Comprehensive Plan in-
cludes strategies to address the
challenges of housing affordability
through multiple strategies, includ-
ing the addition of higher density
housing to existing single-family
districts (missing -middle housing).
SECTION Z.
1. The current ordinance does
not support most of the housing
strategies described in the Com-
prehensive Plan, necessitating the
ordinance update.
2. Multifamily housing (apart-
ment) is allowed in areas that may
be rezoned and have the potential
to detract from the goals of the
Comprehensive Plan as it relates
to addressing the city's housing
goals.
3. The City Council has deter-
mined that prohibiting further de-
velopment of multifamily housing
projects will provide the city with
an opportunity to ensure these
important elements of a complete
spectrum of housing types are
constructed in locations that will
support the goals of the Compre-
hensive Plan.
SECTION 3. MORATORIUM.
1. The issuance of building
permits and the granting of land
use approvals for all multifamily
housing projects within the city is
hereby prohibited for twelve (12)
months from the effective date of
this ordinance.
2. Exemptions:
a. This moratorium does not ap-
ply to building permits and land use
applications submitted prior to the
effective date of this ordinance.
SECTION 4. STUDY
1. The City Council directs the
Community Development Depart-
ment and the Planning Commission
to move forward as quickly as is
reasonably practical to hire a con-
sultant to assist with a full review
of the city's zoning and subdivision
ordinance.
2. Once completed, the Plan-
ning Commission's recommend-
ed updates to the city's zoning
ordinance and zoning map will be
brought forward to the City Council
for consideration.
,SECTION 5. ENFORCEMENT.
The city may enforce this Ordi-
nance by mandamus, injunctive
relief, or other appropriate civil rem-
edy in any court of competent ju-
risdiction. The City Council hereby
authorizes the City Administrator, in
consultation with the City Attorney,
to initiate any legal action deemed
necessary to secure compliance
with this Ordinance.
SECTION 6. TERM. Unless ear-
lier rescinded by the City Council,
the moratorium established under
this Ordinance shall remain in ef-
fect until twelve (12) months from
its effective date, at which point, it
will automatically expire.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall be in full force
and effect from and after its pas-
sage by the City Council and pub-
lication.
Passed and adopted by the City
Council of the City of Elk River this
17* day of February, 2026.
/s/John J. Dietz, Mayor
ATTEST
Cal Fortner,
Interim Deputy City Clerk
Published in the Star News
February 21, 2026
1520108