ORD 07-007
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ORDINANCE 07-07
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CERTAIN
SECTIONS OF CHAPTER 30 OF THE ELK RIVER CITY CODE TO
DEFINE AND REGULATE VARIOUS RECREATION USES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1 of the Elk River City Code titled Definitions, shall
be amended to add the following:
P!Jysica! Recreation or Training; Means a business that provides physical exercise.
tr~ or recreation equipment and/ or space for use on site. Health and
fitness centers dance studios. and gymnastics facilities shall be considered
examples of such use. Training or self improvement shall be an important
component of the activit::' and differentiate it from Commercial Recreation
uses where sport is the predominate activity.
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Commercia! Recreation Faci!ifY means a non-governmental building. structure or
open space. operated by a profit or non-profit entity and open to the general
public and used for sports activities of amusement. Such facilities may
include bowling alleys. tennis courts vollevball courts and other leisure uses.
Commercia! Recreation. Indoor means a Commercial Recreation Facility primarily
for indoor uses. such as bowling alleys and swimming halls but excluding
golf domes.
Commercia! Recreation. Outdoor means a Commercial Recreation Facility
primarily for outdoor uses. such as golf driving ranges. volleyball courts.
tennis courts and golf domes.
Section 2. That Section 30-1022, subsections (b) and (d), of the Elk River City
Code, shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the C-l district are as follows:
(11) Physical Recreation or Training, less than 5,000 square feet
(d) Conditional uses. Conditional uses in the C-l district are as follows:
(8) Commercial Recreational Facilities, Indoor
0.ID Phvsical Recreation or Training greater than 5.000 square feet in
size
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Section 3. That Section 30-1024, subsection (d), of the Elk River City Code,
shall be amended to read as follows:
(d) Conditional uses. Conditional uses in the C-3 district are as follows:
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(T) Commercial Recreational Facilities, Indoor.
(26) Commercial Recreation. Outdoor
WJ. Physical Recreation or Training
Section 4. That Section 30-1025, subsection (d), of the Elk River City Code,
shall be amended to read as follows:
(d) Conditional uses. Conditional uses in the C-4 district are as follows:
.(2) Physical Recreation or Training
Section 5. That Section 30-1292, subsection (d), of the Elk River City Code,
shall be amended to read as follows:
(d) Conditional uses. Conditional uses in the I-I district are as follows:
(15) Commercial recreation, outdoor (unplatted land only).
Section 6. That Section 30-1294, subsections (b) and (d) of the Elk River City
Code, shall be amended to read as follows:
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(b) Permitted uses. Permitted uses in the BP district are as follows:
(1) Permitted uses allowed are as follows:
4 Physical Recreation or Training. if less than 5 000 square feet.
provided the underlying land use in the Comprehensive Plan is Mixed
Use or Highway Business.
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1) Conditional uses are as follows:
h. Physical Recreation or Training. if 5.000 sq feet or greater.
provided the underlying land use as provided in the Comprehensive
Plan is Mixed Use or Highway Business.
Section 7. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 16th day of
July, 2007.
//J}
A~~
Tina Allard, City Clerk
~~
". ,~.
Steph . e Klinzing,
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) SS
ORDINANCE 07-07 COUNTY OF SHERBURNE )
CITY OF ELK RIVER,
AN ORDINANCE OF THE CITY
OF ELK RIVER AMENDING
CERTAIN 'SECTIONS OF
CHAPTER 30 OF THE ELK ` Elizabeth Harris,being duly sworn on oath says that she is the General Manager of the
RIVER CITY CODE TO DEFINE
AND REGULATE VARIOUS Newspaper known as the Star News,and has full knowledge of the facts which are stated
RECREATION USES + below:
The City Council of the City of
Elk River does hereby ordain as (A)TheNewspaperhas compliedwith all ofthe requirements constituting qualifications
follows:
Section L That Section 30-1 of as a qualified newspaper, as provided by Minnesota Statue 331A.02,331A.07 and other
the Elk River City Code titled applicable laws,as ammended.
Definitions, shall be amended to
add the following: (B) The printed Ordinance, which is attached was cut from the columns of said
Physical Recreation or 2 of ides newspaper and was printed and published once a week for one week'it was first published
Means a business that provides..:.: p p � p
physical exercise training or recce- on Wednesday,the 29th day of August,2007,and was therefore printed and published on
at on e ui ment and or s ace for every Wednesday to and including Wednesday,the 29th day of August,2007,and printed
use on site.Health and fitness cen-
ters,dance studios and gymnastics below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
facilities shall be considered exam- acknowledged as being the size and kind of type used in the composition and publication of
pies of such use Training or self the notice
improvement shall be an impor-
tant component of the activity and
differentiate it from Commercial a b e d e f g h i j k l m n o p g r s t u v w x y z
Recreation uses where sport is the
Predominate activity"
Commercial Recreation"Facility
means a non-governmental build-
ing structure or opens ace o 'er- '
ed b profit or non-profit entity
id open to the general>public and
used for sports activities of amuse-
ment. Such facilities may include
bowling alleys "tennis courts, vol-
leyball courts and other leisure General Manager
uses.
Commercial Recreation Indoor
means a Commercial Recreation Subscribed and sworn to before me on
Facility primarily for indoor uses,2
such as bowling alleys and swim- this 29th day of August, 2007
mine halls but excluding g if
domes.
Commercial Recreation Outdoor
means a' Commercial Recreation ' `� N- SCRIM S,
Facility primarily for outdoor uses ? /' &si}Icallni3
such as golf driving"ranges vol- ( 7n nc- "z� -4e•t. 7
levball courts, tennis courts and a myco l !nnes€la
golf domes. � "� mmisoionC'#0Sj1,QU3Vy31,2010
Section.2. That Section 30-1022,
subsections(b) and(d),of the Elk ?
River City Code,shall be amended Notary Public
to read as follows;
(b) Permitted uses. Permitted
uses in the C-1 district are"as
follows:
RATE INFORMATION
(11) Physical Recreation or
Training, less than 5,000 square
feet (1)Lowest classified rate paid by 28.80
(d)Conditional uses.Conditional $
use in the C-1 district are as fol- commercial users for comparable space
lows: (line,word or inch rate)
(s) Commercial Recreational
Facilities,Indoo (2) Maximum rate allowed by law for the $ 14.85
r. "
(18) Physical! Recreation or above matter
Training greater than 5,000 square (line,word or inch rate)
feet in size
Section 3 That,Section 30-1024, (3) Rate actually charged for the above $ 14.85
subsection (d), of the Elk River hatter
City Code, shall be amended to
read as follows: (line word or inch rate)
(d)Conditional uses.Conditional
uses in the C-3 district are as fol-
lows:
i
I
i
(7) Commercial Recreational
Fseilities,Indoor,
(26) Commercial Recreation
Outdoor
(27) Physical Recreation or
Training
Section 4.That Section 30-1025,
subsection (d) of the Elk River
City Code, shall be amended to
read as'follows
(d)Conditioned uses.Conditional
uses in the C 74.district are as fol-
lows: (9)' Physical Recreation of
—Training
Section 5"That Section 30-1292,
subsection (d),"of the;Elk, River
City Code, shall be amended to
read as follows:
(d)Conditional uses.Conditional `
uses in the 1-1 district are as fol-
lows; (15) Commercial recreation,
outdoor(unplatted land lonly).
Section 6. That Section 304294,
subsections,(b) and(d) of the Elk
River City Code,"shall be amended
to read as follows:
(b) Permitted uses" Permitted
uses in the BP district are as fol-
lows:
(1)' Permitted uses allowed are
as follows:
i"Physical Recreation or Trainin
if less than 5-.000's mare feet Pro
sided the under l "n land use in
the-Cornnrehensive Plan is Mixed
Use or Mgnway Business
(d)Conditional uses.Conditional
uses in the 13P di
low s,: strict ae as fo1-
(1)-Conditional,uses are as fol-
lows!
h. Physical Recreation 'nr
Tramm�.of 5 000 sc)feet or reater
provided the underlvin' 16nN
as Provided in the Comprehensive
Plan, is Mixed Use or.Hi hwa I
Business- -
Section,7..That this ordinance-
shall take effect upon publication':
as provided by,law.
Passed and adopted by the City;
Council of the City of Elk River
thin 16th day of July,2007.
Stephanie Yjinzing,Mayor'
ATTEST:.
Tina Allard,City Clerk
Of