ORD 07-016• ORDINANCE 07 -16
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1293, I-2 DISTRICT;
SECTION 30-1311, PRINCIPAL STRUCTURES;
SECTION 30-1312, ACCESSORY STRUCTURE SETBACKS;
OF THE CITY CODE OF ORDINANCES
Case No. OA 07-12
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1293. (c) titled "I-2 District" -Accessory uses, of the City of Elk River Code
of Ordinances shall be amended as follows:
Sec. 30-1293. I-2 district.
(a) Pur~iose. The I-2 district is intended to accommodate more intense manufacturing and processing
than would be allowed in the I-1 district. Proposed uses would include manufacturing, production,
warehousing with heavy truck traffic and other uses which may generate nominal off-site impacts.
(b) Permitted user. Permitted uses in the I-2 district are as follows:
(1) Offices.
• (2) Wholesale businesses.
(3) Light manufacturing.
(4) Warehouses.
(5) Auto repair shops.
(6) Bottling and distribution.
(7) Research and design facilities.
(8) Medical, dental and optical labs.
(9) All uses allowed as a permitted use in the I-1 zone.
(10) Dry cleaning establishment.
(c) Accessory uses. Accessory uses in the I-2 district are as follows:
(1) Accessory Structures
f'~.{-~) Temporary signs as permitted in section 30-851 et seq.
~~ Permanent signs.
a. One permanent area identification sign per neighborhood, subdivision, or development not to
exceed 64 square feet in sign area. The area identification sign shall be located on the same premises
as the development it identifies.
b. One on-premises freestanding business sign per premises, not to exceed two square feet in sign
area for each linear foot of street frontage up to a maximum of 64 square feet. Such signs shall not
exceed a height of 20 feet. Where a lot has in excess of 300 feet of street frontage, one additional
freestanding business sign will be allowed. These signs shall be subject to the size and height
limitations of the first allowed freestanding sign and may be placed no closer than 150 feet to any
other freestanding sign on the same premises. All freestanding signs shall have a minimum setback of
ten feet from any public right-of--way measured to any portion of the sign and a minimum clearance
of eight feet above any vehicular use area and over any pedestrian use area.
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c. One on-premises business wall sign per occupancy, not to exceed two square feet in sign area for
• each linear foot of building frontage, up to a maximum of 128 square feet per occupancy.
d. Advertising signs, which shall only be allowed subject to the following requirements:
1. Off-premises signs are prohibited within 100 feet of the intersection of the highway right-of-way
and any other right-of--way or driveway.
2. Advertising signs are prohibited within 1,200 feet of another advertising sign on the same side of
the right-of--way.
3. All advertising signs shall be erected with a single pole or monopole structural standard and shall
have underground wiring.
4. The base of any advertising sign must be landscaped with at least grass and must be properly
maintained.
5. Advertising signs shall not exceed 400 square feet in area or 25 feet in height as measured
perpendicularly from the height of the highest point of the sign structure to the grade level directly
below the sign. The existing grade may not be altered for the purpose of increasing sign height.
6. Advertising signs shall be considered a principal use of the property. Existing advertising signs
must be removed when the parcel upon which they are situated is devoted to another principal use.
7. The city shall perform a yearly inspection of the advertising devices to ensure compliance of the
advertising structure with the provisions of this subdivision and other provisions of this article. The
fee for the inspection shall be set by the city council by resolution.
8. Such advertising signs shall only be allowed in industrial zoned property adjacent to the right-of-
way for State Highway Number 10 and State Highway Number 169.
(d) Conditional uses. Conditional uses in the I-2 district are as follows:
(1) Concrete/asphalt products and processing.
(2) Foundry, casting, or forging metals.
(3) Manufacturing, heavy.
• (4) Animal and poultry processing.
(S) Freight and rail yards.
(6) Truck terminals.
(7) Junkyards, auto wrecking and storage, and salvage yards.
(8) Recycling processing centers.
(9) Grain and feed elevators and mills.
(10) Chemical storage/bulk storage of fuel, e.g., petroleum.
(11) Meat or fish packing.
(12) Water and sewage treatment.
(13) Outdoor storage area accessory to principal use.
(14) Bus, truck and implement storage, maintenance and repair.
(15) Sexually oriented land uses.
(16) Single-family residential dwelling units 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.
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 dwelling unit will be occupied by no more than two persons, neither of whom may
be under 18 years of age.
d. There shall 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.
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g. The proposed dwelling unit meets all other requirements of this Code and the Minnesota
• Unifornz 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.
(17) Temporary structures.
(18) Government buildings and facilities.
(19) Ministorage.
(20) All uses allowed as a conditional use in the I-1 zone.
(21) Governmental offices.
(e) Architectural.rtandardr. No provisions of section 30-938 except subsection 30-938(2) pertaining to
exterior building finish and subsection 30-938(3) pertaining to roofing standards applies to this
district.
(Code 1982, ~ 900.12(15); Ord. No. 05-08, ~ 1, 4-4-2005)
Section3. Section 30-1311. titled "Principal structures," of the City of Elk River Code of
Ordinances shall be amended as follows:
•
1~
u
Sec. 30-1311. Principal structures.
Principal structures shall comply with the following dimensional regulations:
TABLE INSET:
1 Must hook up to city sewer and water if unthin the city sewer district.
2 Must be 35 feet if along arterial or collector street. Note ~~hszriti~
3 Of which uu to 20% of maximum lot coverage can be a~~lied towards accessorX
structures.
Building Setbacks
Zoning Minimum Lot Lot Front Side Rear Maximum
District Requirements Width Setback Setback Setback Lot Maximum
(feet) (feet) (feet) Coverage Height
I-1 1 1 acre f00 30 25 20 40% 45
I-2 1 1 acre 100
feet 30 25 20 40%~ 60
BP 1 1 acre 302 25 20 40% 50
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•
Section3. Section 30-1312. titled "Accessory structure setbacks," of the City of Elk River Code of
Ordinances shall be amended as follows:
Sec. 30-1312. Accessory structure setbacks.
Accessory structures shall comply with the following dimensional regulations:
TABLE INSET:
District Front Setback
f Side
etback ear
Setback aximum
Square Maximum
Height
es Agricultural
Buildin
s
(
eet) (feet) (feet) Footage (feet) feet
( ) g
(feet)
I-1 30 10 10 40 0 --
I
2 0% of max
- 30 10 10 60 0 --
allowed3
P 30i 10 10 1,2002 15 -- --
1 Must be 35 feet if along arterial or collector street. An accessory structure shall not be
allowed in front yard.
2 Only one (1) accessory structure shall be allowed.
3 Accessorv structures not to exceed 20% of the maximum lot coverage of the principal
structure.
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•
Section 4. 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 19th day of November, 2007.
Attest:
/ ~~
~~~
j
Stepha e Klinzing
Mayor
Tina Allard
City Clerk
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) SS
COUNTY OF SHERBURNE )
Bob Cole,being duly sworn on oath says that he is the Interim General Manager of the
A RESOLUTION OF THE CITY Newspaper known as the Star News,and has full knowledge of the facts which are stated
OF ELK RIVER below:
A RESOLUTION APPROVING
NOTICE OF (A)The Newspaper has complied with all ofthe requirements constituting qualifications
SUMMARY PUBLICATION OF as a qualified newspaper, as provided by Minnesota Statue 331 A.02,331 A.07 and other
ORDINANCE#07-16 AMEND applicable laws
ING:SECTION 30-1293,1-2 a pp , as ammended.
DISTRICT;SECTION 30-1311,
PRINCIPAL STRUCTURES; (B)The printed ORDINANCE,which is attached was cut from the columns of said
SECTION 30.1312,ACCES- newspaper and was printed and published once a week for one week;it was first published
SORY STRUCTURE SET- on Wednesday,the 19th day of December,2007 andwas therefore printed and published on
BACKS OF THE CITY CODE Y� Y p p
OF ORDINANCES every Wednesday to and including Wednesday,the 19th day of December,2007,andprinted
WHEREAS, on November 19 below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
2007 the Elk River City Council
adopted Ordinance #07-16, acknowledged as being the size and kind of type used in the composition and publication of
amending Section 30-1293, I-2 the notice
district;Section 30-1311,Princi-
pal Structures;Section 30-1312,
Accessory Structure Setbacks of abcdefghijklmnopgrstuvwxyz
the city code of ordinances;and
WHEREAS,the amendment to
these sections of the ordinance
clarifies conflicting information
arding the allowance of acces
•structures in the I-2 indus-
trial zoning district and that said
structures shall meet design
guidelines,be limited to 20 per-
cent of maximum lot coverage,
meet specific setback require- Interim General Manager \�
ments and building heights,,and
WHEREAS, a copy of the full
text of this ordinance amendment °° � Pit° '� �R� �'
Subscribed and sworn to before me one ,,
is available for inspection by any � �iN3Y �. � I7�� �
person at the office of the City this 19th day of December,2007 ,
p y , , NOTAR l PUBL 0
Clerk, 13065 Orono Parkways IINf�IFS® A
during regular business hours of °� '
5:00 a.m. to 4:30 p.m., Monday { My Commission I-xpiros Jan.31,2010
through Friday;and
NOW, THEREFORE; BE IT
RESOLVED,that the City Coun-
cil, by at least four-fifths vote,
authorizes the publication of the V
title and summary of Ordl ante
07-16 and that Ordinance 07-16
shall become effective upon publi- Notary Put is
cation of this-resolutidn.
Passed and adopted this 10th
day of December 2007.
Stephanie Klinzing, RATE INFORMATION
Mayor
ATTEST:
Tina Allard, (1) Lowest classified rate paid by $ 28,80
City Clerk commercial users for comparable space
(D19) (line, word or inch rate)
(2) Maximum rate allowed by law for the $ 14.85
above matter
(line,word or inch rate)
(3)Rate actually charged for the above $ 14.85
matter
(line, word or inch rate)
969,124 ��