96-015 ORDORDINANCE 96- 15
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.12,
900.18 AND 908.06 OF THE CITY OF ELK RIVER CODE
OF ORDINANCE RELATING TO PERMITTED AND
CONDITIONAL AGRICULTURAL USES IN AGRICULTURAL
AND RESIDENTIAL ZONING DISTRICTS
The City of Elk River does hereby ordain as follows:
Section 1. Section 900.12 (4) and 900.12 (5) of the City of Elk River Code of
Ordinance are hereby 2mended to read as follows:
Section 900.12 (4)
A. Permitted Uses
i. Agricultural uses ( 5 acre minimum lot size )
C. Conditional Uses
xv. Agricultural uses ( less than 5 acre lot size )
Section 900.12 (5)
A. Permitted Uses
iv. Agxicultural uses ( 5 acre minimum lot size )
C. Conditional Uses
viii. Agricultural uses in R-la ( less than 5 acre lot size )
ix. Agricultural uses in R-lb, R-lc, R-ld, and R-le (5 acre
minimum lot size)
Section 2. Section 900.18 (2) of the City of Elk River Code of Ordinance is
hereby amended to read as shown on the attached Exhibit A:
Section 3. Section 908.06 (1) of the City of Elk River Code of Ordinance is
hereby ~mended to read as follows:
A. Agricultural Animals - The keeping of agricultural animals in the A- 1
and R-la zoning district is a permitted use on parcels which are 5 acres or
larger and a conditional use on parcels which are smaller than five acres.
In the R-lb, R-lc, R-ld, and R-le districts, the keeping of agricultural
animals is a conditional use and shall be bruited to parcels which are 5
acres or larger,
B. Stables and barns - All agricultural animals sha]_l be provided a
shelter under roof appropriately sized to accommodate the specific animal
in a humane manner. For setback requirements see Section 900.18 (2).
C. Fences- Agricultural animals shall be enclosed in a pen or corral.
Fences for pens, corrals, pastures or similar enclosures must be of
sufficient height and strength to retain such animals. For setback
requirements see Section 900.18 (2).
Section 4. That this Ordinance shall take effect and be in full force from and after
the date of its publication.
Passed and adopted this2_0_t, txday of Hay
City of Elk River.
,1996, by the City Council of the
ATTEST:
Thackeray, City Cler~/
Sandra
A.
/1~ A. Duitsman, Mayor
s:\document\ordinanc\oa96-5&6.doc
EXHIBIT A
2. Accessory Use Setbacks.
Accessory structures shall comply with the following dimensional regulations:
Front Side Rear Maximum Ag. Building
District Setback Setback Setback Height Fences
A-1 50' 25' 50' 22' [1]
R-la 35' 20' 30' 22' [1]
R-lb
Non-Sewered 35 ' 10 ' 20 ' 15 ' [1]
Sewered 35 ' 5 ' 5 ' 15 ' [1]
R-lc 30' 5' 5' 15' [1]
R-ld 35' 5' 5' 15' [1]
R-le 35' 10' 10' 15' [1]
R-2a
Duplex 30 ' 5 ' 5 ' 15 ' [1]
R-2b
Townhouse 30 ' 10 ' 10' 15 ' [1]
R-3
Townhouse & 30' 10' 10' 15' [1]
Other Multifamily
R-4
Townhouse & 30' 10' 10' 15' [1]
Other Multi family
C-1 No Limits 45'
C-2 15' 10' 10' 45'
C-3 25 ' 10 ' 10 ' 35 '
I-1 30 ' 10 ' l0 ' 40 '
I-2 30' 10' 10' 60'
Swimming Pools [6] 8' 8' -
0' [3]
[4]
0' [2] 100'
0' [2] 100'
0, [2] ~00'
0, [2] ~00'
0' [2] 100'
0t
0!
0~
0'
0'
[1] A maximum of one story is permitted.
[2] The keeping of livestock (fences) is prohibited within one hundred (100) feet
of any property line in the Rlb, Rlc, Rld and Rle districts.
[3] The keepin9 of livestock (fences) is prohibited within five (5) feet of any
property line.
[4] Agricultural buildings shall comply with all regular setback requirements
for accessory structures.
[5] Agricultural buildings shall be set back 30 feet from any property line and
50 feet from any road right-of-way.
[6] swimming pools shall be setback a minimum of eight (8) feet from the side
yard and rear yard lot lines and must comply with the required front yard setback
as per Section 900.18. Swimming pools must be completely enclosed with an opaque
chain link or equivalent fence at least four (4) feet high with a lockable gate.
s:\dc ~ument\or dinanc\oa96.56.doc
Mfidavit of Publication
ANORDIN~PIjl
TIIIilCI1?Y OF
PEUll\f'J"l'l~
AGRIOlJl.
'l'he Oity ofl!:J.kRiv
Section 1.. Sec:tion' 9QQ.~?(
Qrdinaj1ce are her!!},y l!!-Ip.~!J..
. Seotion 900.~?(4)
A. Pen:nitt~d U$~ >; ii"
i. Agricultur~uses W'~\lre
O. Oon<iition~ Uses. ...'........ i.. ..'
~v. AgriculturiU uses (less t
Section 900:1,2(5) .
A. Permltteq Us~
iv. Agricultural uses (5 acre,~ninlUIp.l?t$ize)
O. Oonditional Uses .' ',"'" '.., .'. . .
viii. AgricWtural uses in R-la (less tl1an 5 acre lot size) . .. '. . '
ix. Agricultural uses inR-l}" R-lc, R-:f.d, and R-1e~5 acre mIIl1lIlum ~ot SIZe~
Section 2. Section 900.18(2) oftheOity of.Elk RIver OodeofOrclin,ance ~s
hereby amen:ded to read as shown on, the attached Exhibit A:
EXHIBIT A
Accessorv - Use - Setbac~s
Accessory structures .h.ll comply with the following dimensiona.l regulatiorlQ:
Front' side: Rear Maximum Ag. Building
District Setback 5e tback Setback Height Fences
A=.l 50 ' 25 ' 50' 22' [lJ 0' [4J
I!clA 35' 20' 30 ' 22' [lJ 0' [3[ [sJ
I!..:.l..ll
Non-Sewered 35' 10 ' 20 ' 15' [lJ 0' [2J 100'
Sewered 35' 5' 5' 15' [lJ 0' [2J 100'
I!..:..ls 30' 5' 5' 15' [lJ 0' [2J 100 '
&ll 35' 5 ' 5 ' 15' [lJ 0' [2J 100'
l!..:.!s. 35' 10 ' 10' 15' [lJ 0' [2J 100 .
Il..:.1a
Duplex 30' 5' 5 ' 15' [lJ 0'
~
Townhouse 30' 10 . 10 ' 15' [lJ 0'
!!cl
Townhouse & 30' la' 10 ' 15' [lJ 0'
Other Multifamily
R:.i
Townhouse & 30' 10 ' 10 ' 15' [lJ 0'
Other Multifamily
!;,:.l No Lirni ts 45' 0'
~ 15 ' 10 ' 10 ' 45' 0'
!;,:.l 25 ~ 10 ' 10 ' 35' 0'
l.=.l 30 ' 10 ' 10 ' 40' 0'
~ 30' 10 ' 10 ' 60' 0'
Swimming Pools [6J 8 ' 8 ' 0'
[lJ A maximum of on. a tory is permitted.
[2) The _ keeping "O:f..tiv~8toek - '(fenc:~s) is prohibited within ~me hundr.d (100) feet
. 'PSf;'A.i1t/ff:6~Hy) 'IiH~"illit'iie"~il1.~\b, Rld~ildLR~~~d~~~ricts. <
" -: - ,', ,J ,_' ".',~_,,' It -- \
[3J Th. keeping of livest.ock (fences) i. prchibi ted wi thin five (5) feet of ..ny
propert.y line.
(4J Agricul tural buildings shall comply with all regular setback requirements
for &cces.ory structures.
(5) Agricultural buildings shall be set back 30 feet from sny property line and
50 feet from any road right-of.way.
[6] Swimming pools shall be 'setback a min~mum of eight (8) feet from the side
yard and rear yard lot lines and. must comply with the required front yard. setback
&8 per Section 900.18. Swimming pools must be completely encloaed with an opaque
chain link or equivalent fence at least four (4)' feet high with a lockahle gate.
Section 3. Section 908.06(1) of the Oity of Elk River Oode of Ordinance is
hereby amended to read as follows:
A. Agricultural Animals - The keeping of l!!-gricuItural animals in the A-I and
R-1a zoning district is a permitted use on parcels which are 5 acres or larger and
a conditional use on parcels which are smaller than five acres, In the R-1b, R-
Ie, R-1d and R-1e districts, the keeping of l!!-gricultural animals is a conditional
use and shall be limited to parcels which are 5 acres or larger,
B. Stables and barns - All agricultural animals shall be provided a shelter
under roof appropriately ,sized to accommodate the specific animal in a humane
manner. For setback requirements see Section 900.18(2).
O. Fences - Agricultural animals shall be enclosed in a pen or corral. Fences
for pens, corrals, pastures or similar enclosures must be of sufficient height and
strength to retain such animals. For setback requirements see Section
900.18(2).
Section 4. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 20th day of May, 1996, by the Oity Oouncil ofthe Oity
of Elk River.
ATTEST:
Sandra A. Thackeray
Oity Olerk
Henry A. Duitsman, Mayor
(My29)
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
being duly sworn, on oath sa that helshe is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as 'I'he Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed
a~M:JU 0&r l S-
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for ( suc-
cessive weeks; it was first published on Wednesday, the (.;2~
day of , 1~, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a be defgh ij k 1m nop q rs tu vwxy z
B~')~ ~(~~
TITLE~ . ~(k:t(~"\) \
Subscribed and sworn to before me on this
)1,/lCL(j , Hi":' to .
..1 -
~L-)/ 7.:... )'V'} . /d C)L{/I"-VL
Notary Publ{
,:> ) SY;:
day of
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ :::.:J '-I. OC
$ :JS(t~1
$ ,~5q, 0{