3.6. SR 12-10-2007Elk REQUEST FOR ACTION
River
To Item Number
Ci Council 3.6.
Agenda Section Meeting Date Prepared by
Consent December 10, 2007 Tina Allard, Ci Clerk
Item Description Reviewed by
Summary Publication of Ordinance 07-16 Regarding Accessory
Structures in the I-2 Industrial Zoning District Reviewed by
Action Requested
Council motion to adopt resolution approving notice of summary publication of Ordinance 07-16
amending Section 30-1293, I-2 District; Section 30-1311, Principal Structures; Section 30-1312, Accessory
Structure Setbacks of the city code of ordinances.
Background/Discussion
Council approved Ordinance 07-16 at its November 19, 2007 meeting. The ordinance is lengthy and
would be expensive to publish; therefore staff would like Council approval for summary publication. A
4/5 vote of the Council is required for summary publication.
Financial Impact
Publishing the ordinance as is would cost approximately $760. Summary publication costs should be
between $150-$200.
Attachments
• Resolution Approving Summary Publication
^ Ordinance 07-16
Action Motion by Second by Vote
FOIIOW Up
S:\Council\Clerk\Ordinance Changes\Sum Pub OA07-12.doc
RESOLUTION 07- 16
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF
SUMMARY PUBLICATION OF ORDINANCE #07-16 AMENDING
SECTION 30-1293, I-2 DISTRICT; SECTION 30-131 I, PRINCIPAL
STRUCTURES; SECTION 30-1312, ACCESSORY STRUCTURE SETBACKS
OF THE CITY CODE OF ORDINANCES
WHEREAS, on November 19, 2007 the Elk River Ciry Council adopted Ordinance
#07-16, amending Section 30-1293, I-2 district; Section 30-1311, Principal
Structures; Section 30-1312, Accessory Structure Setbacks of the city code of
ordinances; and
WHEREAS, the amendment to these sections of the ordinance clarifies conflicting
information regarding the allowance of accessory structures in the I-2
industrial zoning district and that said structures shall meet design guidelines,
be limited to 20 percent of maximum lot coverage, meet specific setback
requirements and building heights.; and
WHEREAS, a copy of the full text of this ordinance amendment is available for inspection
by any person at the office of the City Clerk, 13065 Orono Parkway, during
regular business hours of 8:00 a.m. to 4:30 p.m., Monday through Friday; and
NOW, THEREFORE, BE IT RESOLVED, that the Ciry Council, by at least four-fifths
vote, authorizes the publication of the title and summary of Ordinance 07-16
and that Ordinance 07-16 shall become effective upon publication of this
resolution.
Passed and adopted this 10`'' day of December 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\Resolutions\2007 Resolutions\Unapproved\Summary Pub 07-16.doc
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) Purpose. 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 uses. 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
~~} 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.
S:\Ordinances\2007 Ordinances\Approved\07-16 OA 07-12 ST.doc
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.
(5) 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 wiU 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.
S:\Ordinances\2007 Ordinances\Approved\07-16 OA 07-12 ST.doc
g. The proposed dwelling unit meets all other requirements of this Code and the Minnesota
Uniform 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. OS-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:
Sec. 30-1311. Principal structures.
Principal structures shall comply with the following dimensional regulations:
TABLE INSET:
Building Setbacks
Zonin Minimum Lot Lot Front Side Rear Maximum
L
M
i
g
Di
tri
t Requirements Width Setback Setback Setback ot ax
mum
s
c (feet) (feet) (feet) Coverage Height
I-1 1 1 acre f00 30 25 20 40% 45
I-2 1
1 acre
~
f
30
25
20 0 3
40 /o-
60
e
BP 1 1 acre 30z 25 20 40% 50
1 Must hook up to city sewer and water if within the city sewer district.
2 Must be 35 feet if along arterial or collector street. \~~orr Chan~c
3 Of which u~ to 20% of maximum lot coverage can be applied towards accessory
structures.
S:\Ordinances\2007 Ordinances\Approved\07-16 OA 07-12 ST.doc
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:
Front Setback ide ear aximum Maximum
Fences Agricultural
District
(feet) etback Setback Square Height
(feet) Buildings
(feet) (feet) Footage (feet) (feet)
-1 30 10 10 40 0 --
I-2 30 10 10 0% of max 60 0 --
allowed3
P 30~ 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 Accessory structures not to exceed 20% of the maximum lot coyera~e of the principal
structure.
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:
Tina Allard
Ciry Clerk
Stephanie Klinzing
Mayor
S:\Ordinances\2007 Ordinances\Approved\07-1G OA 07-12 ST.doc