96-020 ORD ORDINANCE 96-_2ff
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE
CITY OF ELK RIVER CODES OF ORDINANCE RELATING TO
DEFINITIONS, PERMITTED, ACCESSORY AND CONDITIONAL USES
IN THE I1 AND I2 ZONING DISTRICTS AND CONDITIONAL USES IN
THE C3 ZONING DISTRICT
CASE NO. OA 96-4
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 of the City of Elk River Code of Ordinance titled,
"Definitions" is hereby amended to read as follows:
ManUfacturing, Heavv: A use engaged in the basic processing,
manufacturing, packaging, assembly, compounding or treatment of
materials or products predominantly fi'om extracted or raw materials, or a
use engaged in storage of, or manufacturing processes using flammable or
explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive
conditions.
Manufacturing, Light: A use engaged in the manufacture, fabrication,
processing, packa~ng or assembly, predominantly from previously
prepared materials, of finished products or parts, but excluding basic
industrial processing. The above activities shall take place in a manner
which will not produce offensive conditions observable from neighboring
properties.
Section 2. Section 900.12 (14) and Section 900.12(15) City of Elk River Code of
Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby
amended to read as follows:
14. I-1 Light Industrial
A. Permitted Uses
i. Offices
ii. Warehouses
iii. Research/design facilities
iv. Wholesale businesses
v. Medical, dental, optical labs
vi. Light manufacturing
B. Accessory Uses
C. Conditional Uses
Outdoor storage area accessory to principal use
Single family residential dwelling units accessory to
principal uses, provided:
(1) That the nature of the principal use of the property
makes it necessary or highly desirable from both the
property owners and the City's perspective to have a
twenty-four (24) hour a day caretaker or security person
reside on the property.
(2) That 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.
(3) That the proposed building unit will be occupied by no
more than two persons, one of whom must be an
immediate family member (husband, wife, father, mother,
or child) or the owners of the principal use of the property
and neither of whom may be under eighteen (18) years of
age.
(4) That there will be only one dwelhng unit per lot or, if
one principal use is located on several adjoining lots, per
principal use.
(5) That the proposed dwelling unit not exceed eight
hundred (800) square feet in size and be located within a
building serving the principal use of the property which is
no less than ten thousand (10,000) square feet in size.
(6) That 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.
(7) That the proposed dwelhng unit meets all other
requirements of the City Code and 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 dwelhng unit, impose
s:\document\ordinanc\oa96-4.doc
additional reasonable requirements or conditions on the
construction, and use of the dwelling unit.
iii.
iv.
V.
vi.
viii.
ix.
X.
xi.
xii.
xfii.
xiv.
XV.
(8) That 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 or
the principal use of the property changes.
Recycling processing center
Bottling and distribution
Mini-storage
Water/sewage treatment
Auto repair shop
Grain and feed elevators
Multiple' Principal structures on one lot
Sexually oriented land uses
Temporary structures
Government buildings and facilities
Broadcasting studios and facilities
Truck and implement sales
I-2 Heavy Industrial
A. Permitted Uses
V.
Offices
Wholesale businesses
Light manufacturing
Warehouses
Auto repair shop
Bottling and distribution
Research and design facihties
Medical, dental, optical labs
All uses allowed as a permitted use in the I1 zone.
B. Accessory Uses
C. Conditional Uses
i. Concrete/asphalt products and processing
ii. Foundry, casting, forging metals
iii. Manufacturing, heavy
iv. Animal and poultry processing
s:\document\ordinanc\oa96-4.doc
v. Freight and rail yards
vi. Truck terminals
vii. Junkyards, auto wrecking and storage, salvage yards
viii. Recycling processing center
ix. Grain and feed elevators and mills
x. Chemical storage/bulk storage fuel i.e. petroleum
xi. Meat or fish packing
xii. Water and sewage treatment
xiii. Outdoor storage area accessory to principle use
xiv. Bus, truck and implement storage, maintenance and
repair
xv. Multiple principal structures on one lot
xvi. Sexually oriented land uses
xvii. Single family residential building units accessory to
principal uses provided:
(1) That the nature of the principa! use of the property
makes it necessary or highly desirable from both the
property owners and the City's perspective to have a
twenty-four (24) hour a day caretaker or security person
reside on the property.
(2) That 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.
(3) That the proposed building unit will be occupied by no
more than two persons, one of whom must be an
immediate family member (husband, wife, father, mother,
or child) or the owners of the principal use of the property
and neither of whom may be under eighteen (18) years of
age.
(4) That there will be only one dwelling unit per lot or, if
one principal use is located on several adjoining lots, per
principal use.
(5) That the proposed dwelling unit not exceed eight
hundred (800) square feet in size and be located within a
building serving the principal use of the property which is
no less than ten thousand (10,000) square feet in size.
(6) That 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: \document\ordinanc\oa96-4.doc
(7) That the proposed dwelling unit meets all other
requirements of the City Code and 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 dwelhng unit.
(8) That 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 or
the principal use of the property changes.
xiii. Temporary structures
xix. Government buildings and facilities
xx. Mini storage
xxi. All uses allowed as a conditional use in the I1 zone
Section 3. Section 900.12 (12) City of Elk River Code of Ordinance titled
"Permitted, Accessory, and Conditional Uses" is hereby amended as follows:
1. Section 900.12 (12) viii. Enclosed storage and warehousing is deleted
2. Section 900.12 (12) xiii. Truck terminals is deleted
3. Section 900.12 (12) ii. amended to read; car, RV and marine sales
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 J~ day of ~ 1996, by the City Council of the
City of Elk River.
ATTEST:
Sandra A. Thackeray, City Clerk
~l~nry/~. Duitsman, Mayor
s:\document\ordinanc\oa96-4.doc
1\',
gf H~ qit,Y.9f2}~~.
dllm lll\! fOU!flltV!H:.'"
IilQQ.Qi;} oHh~.,C{tly:;
~ 9f Ofdilllln~tit;l~d,
"J?e . 'l.l~repy AP1end~cl t9
. rea .......ll" . ~.... o~k'" .\,<:.
. MlPuf!illltuJ;iP~ IJeavy: A 1,ll~~
~nglllil ' t~ bjlBic proce~sipg, m/m'
wac, . 'PAckaging, assembly, com-
pounai,ng ortrllatmen t of materials or
pr04J.iqt,~red(:lInillll,ntly .from lillttrallt-
ed 0';; rf\w, mat4!rials, or ,a use engaged
in ,torfti:eof, or manufallturini:'
processes using' flammable or explo-
sive ,~terillls, or storage or manufac-
turillg processes that potentially
involve ha:z;ardous or commonly r~cog-
nize~ offensive collditiolls. .'
M~ll,).lfacturhHf Lill'ht: A use
e~gll,.ed ill t~ manufll,:ture, fabrica.
tloll,fprocel;lsmg, Pllck!lgmg or assem-
bly,:,predomillllntly from previously
, pre~~ed'mat~i~s".pf finish.~d prod-
uct" or parts,. but excluding basic
inll.~ftrial procesfillg. The above activ-
.I' iti~llf'lIh,!ill take '. place in a miUlDer'
whip}} will not produce offensive con-
ditiqJl,s observable from neighboring
pr9P~ie\l.
~ection 2. Section 900.12(14) and
~~ction 900.12(15) City of Elk River
Code of Ordinance titled "Permitted,
Accessory, and Conditional Uses" is
hereby amended to read as follows:
14. I-I LigtJ,t Industrial
A. fermitted Uses
i. Offices '
ii. Warehouses
iii. Research/design facilities
iv. Wholesale businesses
v. Medical, dental, optical labs
vi. Light manufacturing
B. Accessory Uses
C. Conditional Uses
1. Outdoor storage area aCCElssory to
principal use
ii. Single family residential dwelling
units accessory to principal uses, pro-
vided:
(1) That the natwe of the principal
use of the property makes it necessary
or highly desirable from both the prop-
erty owners and the City's perspective
to have a twenty-four (24) hour a day
caretaker or security person reside' on
the property.
(2) That the proposed dwelling unit
is designed for and will be used exclu-
sively by caretakers or security per-
sonnel responsible for the security of
the property and the principal use
thereof
(3) That the proposed building unit
will be occupied by no more than two
persons, one of whom must be an
immediate family member (husband,
wife, father, mother, or child) or the
owners of the principal use of the
property and neither of whom may be
under eighteen (IB) years of age.
(4) That there will be only one
dwelling unit per lot or, if one princi-
pal use is located on several adjoining
lots, per principal use.
(5) That the proposed dwelling unit
llot"~~ ~ie:ht hWl~~~ (~99)~~Il~!1l'
feet h~!li:Z;!1lilld bllloQ.~4withipa
blln~iPi:ll!1l~e:,~,prit"Gi~fI,[ll"ll 9f
t~prPPlilrty whl.GllillllQ le~~'thaP tell
. ,tb9~!ln4iO,O,9QQ)~q~!'ife fe.~tln !I~:Z;~'I
.,(6). '!'bAt tlM! prmG~PAl' ~~. 9f tne
, propel1;,y 1'1l9tPf Iji.\!lh.~ lllltllre tha,t,it
'f'Y9~~ 'k~i,4!i'J,l~~!:~w,.pr'~'li\T!l9Us. to
I'. JeJ!.IJ,~~C:fIi\9.~'i~lj~)JilV?i'9~Efh .d!l'el!~~~,
. llIUt.., , ;(I:il,!"flTOVt 2ifO, 110'[" ....
(7) l'AAt:4~ PJ'9P911ed dwelling u,llit i
meets ,all 9t~r reqU,irllmlilnts 9f t~ ,
I City "94ll llnd '(JIlif9rm'J3u.il<Ung Code!
,foro~pllJi!;y Ma4weUiPg ullit "y Ii:
!lingl. f~y. The Oity C9\Pl9U IIlllY, if;
it ~aI;lJtpe~s!lll,f)' , to e9 119 fOr the i
prote~9nof t~~!l1thi !I~~ty, IWd:
welflire 9f pefllonS, Who.~Y9CC-qPy i
..tPe propolled dweUing''Woit, imp98e I
..... !ild!lltion!ll rejlB911~blereqwrepi!1lnts or '
"Qoliditiolls on tM (lQllstrllGti!>n~nd lllle
Qfthe dWl?rnng llnit. .
'(S)ThB,t t~ c9n<UtiQI!,,u llll~ alll>w- .
ing!lqctJ,.llc:l,w~lUlilg 'Wlit m IWip.d~"
trilil Z9n{l illlc:l,elilw.ed t9 ~~ \IniquEl to i
t~pripllip!li Will of t~ Pf9Plilrty !ilI!d. .\.
t~ 9WM1'!lhip.Qf tM Pr9P~Y ~lld ~'
':~c::nf:1~.::l;::i$::.:e!lCi :
t~rllfQr;"!lllt9m.ti~y llXPjl'e if the
.prillgipal~lill.Qf'tM Prop~rty or the
pn.~ n..c::iJ!ll1 W\I..... e. Ilfth. ,e... ..pro. p. ert. y... .i;ha.nges.
ii.i:Recyc.Ungpio.ce. s.sing c..\l.nter
iv, BQttlipg !llld distri};>qtion
v. Mipi'IItor~!I '
vi, W~~r/!l!lW!lg!ltr!llltment
i ,viii,A'*lrep!lir I;Ilwp
, ~;.gr.mr.md f...ed elev~t9rs
ll.. :'-M~ip!~Jl,rillcip!ll lJ~l:tllrell 9I!, I
i!i~~lt>t'!:}T'~riElnt!ld~~!lIW!!lI!' . i
"y; ~.'.' y I!lNctm'IlI;l.. .1
!:'i!:tlik . ... .ept ~u,ij~ipg!'!lmlf~cil. I
*~<)il,I'(n'i, . .... .' 'I. ....'.. ',I
. ;'lti~!"1~~f~~~~ti~~'\~~~~r~....~.~...Jll~i."'1
,,;iv.\Tru~](lmdjm~lElmlil~t'l;I~lll!';' ",
H~ Heavy mdlllltri~
A. Poermitte<l lJ!!llS
i.Office$ ..... . ",'
it.Wh~e!llMe~ul;lin~~I;I"
. ~ii, lJi:h.t mllI!,llf~ctmilli:
,iv. Wlir~1lQUI!~l!i" ','.'
v. Au,topep~J!j!p.op
vi; :B9ttlip~ p4 dilltrihutlo~ .
vii,Re~ea,rch.md. design facUities
yiii, Medillal, dental, optical labs
IX. All uses allowed as a permitted.
\1Se.ip.'tPe 11 ZQnll. . ....
B. Accessory VI;I\lS' . . .
C. C9nditipn!llUsell. . ,,'!'! '...........'
1. Concrete/asphaltlm?Il~l(tII:~n4!
p~rF:~~, cas~ing, f;~~~:ei~:" i
~~.~~a:\:rp~~l~~~~ssipg" ,j
v.. Freight and rail y~~~i< ...........
Vl.,'l\-uck termill!lls '.\ '(Ci" ..... ....... "
. ..v{~t.:Junkl~d.tI, ~\1t9" '. . . ',<<!: ...~g.
, l;It9r.!J.f~@,~~lY1"'ll'4;l ya,rM., .:in,'; .
, :.YHh Re!lY~!ng prQC:e!l!lmg,!lIilnter
I l~'i Qrilni:!md. feed eleVlltore and
~l!!' .........;.,,' '1'
,'.. ..~. .':.;~hemjclM';'to,r!li~\1n~".t9;rllgll
i,t'I!~lil,l!., Jlet.r~tl/oJIl'.' .... ';' ;"..t:;','>
i,'i]U.,Ml;j~t 9 h.p~cIQnIrLi':iI'/"'i.
"i'~hiWiter . llew~~etr...atiriemt '.'
)!dij;;:.Qllt40Qr:l!t9rllge~ef!. llGCee!l9ry
.~Rrh~\iipleWl~. .:H;.::i'.\ '.. .",
'mv.;QYII, trllCll~lld, implllI:tlent stor-
~i:!1l, ~ip.tenpce a.lld. repiUr. "
, xV"-r4u,ltiple princip~lItnlc;tW'e~'j>p.
9ne l()t . '. . .,y,,',' ,i'., .Xi!
;ll:vi;' SeJ:\1111ly, Qfiell:t~I~~~Il~II; ......
xvii. Single f!lmilyrllsidenti!ll bUild.
fng~lt~ lI,GcesllorY t9 principal u~es
.'~xi~~~ ...;t{.,i,,,.:,,. . "("',:J;~#~ai
, u,'i!ec:if. .. it iill~!lIIiu-y
Or hii:bl" ... .' QIX!> hQth. thll pro,p'
. ertY9wneJ!S !lIld.t~ 9ity'1l Perlipectlve
tQ ha,ve II twenty.fQu,;r'(g'lJ1lQu,r a <lay
. 91" . ". " , .
9PQljed huMing ullit
l'>yp.oniore than two
h9m . ml,l.st' I, he an
. e:Qlhllr (hllsbpd,
91' cbild) or tPs
incipal use' 9f the
J1r9 er of w1lQm mllY be
,1,I,nd. )years 9fllge.
;(4)"..,. . ..1 will be only one
cl,W\ll!J.~Jf.lllnit n~r lot or, if one princi-
paI.~lIe 11;1 1911a~d,;m several adjoiping
lot!l;p~.U~ .... u!le. . "
i (5)q:'Mt oposed dwelling unit
llQte~911ed!illght hundred (BOO) square
f~et ,ip. size,. lllid be located within a
hllil<U,p,e: serviJi,g the principal use of
the }1r9perty wtllchis no lells than ten'
thou,s~nd (~O,OOO) square feet in size.
(6) What the, principal use of the
property ill'llot of such a nature that it
W91.ll4J>e,dallgerQus or hazardous to
re~id~ii.ts 9f the proposed dwelling
unIt, "'".
(7)1$at the proposed dwelling unit
meets '!.all other requirements of th~
City Clide and Uniform Building Code
for OC~P!lllCY as a dwelling unit by a
single family. The City Council may, if
it finds ~t necessary to do so for the
protection ,of the health, safety, and
welfarll of persons who may occupy
the . ~ropolled d\)'elling unit, impos~
addjtI9nal,reasonable requirements ,or
conditionE! on thll constrllction and use
of the dwelling unit.
(8) Tha,t the conditional use allowing
such a dwelling. unit in an industrial
zone is deemed to be llnique to the
principal use of the property and the
ownership of the property and the
pr.incipal,use. Any conditional use per-
nuts granted und!!r this Section shall
therefore automatically expire if the
principal use of the property or the
p~~pal use of the property changes.
Xlll. Temporary structures
. :fix. Government buildings and facil-
ItIes
xx, Mini storage
xxi. All uses allowed as a conditional
use in the 11 zone
S~ctio~ 3. Section 900.12 (12) City
of Elk RIver Code of Ordinance titled
"Permitted, Accessory, and
Conditional Uses" is hereby amended
jlB follows:
1. Section 900.12 (12) viii. Enclosed
storage and warehousing is deleted
2. Section 900.12 (12) xiii. 'fruck ter-
minals is deleted
3. Section 900.12 (12) ii. amended to
read; car, RV and marine sales
Section 4. That this Ordinance
shall take effect and be in full force
from and after the date of its publica- :
tion.
Passed and adopted this 19th day of I
August, by the City Council oethe City'
of Elk River.
Henry A. Duitsman
Mayor
ATTEST.
Sandra A. Thackeray,
City Clerk '
(f'.g28 )
Mfiqflvit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
O~..~ '
being duly sworn, on oath say hat he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
'per known as The 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 QJLr~~ qfo,lO
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for \ ~
cessiveweeks; it was first published on Wednesday, the i~ "'-'-
day of 0.-< : ' 19 9~, and was thereafter
printed and pu hshed 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 b cd efgh ij klm no p qrstll vwxy Z
BY: g<>-h (~
TITLE: ~ ~ ;;
~~~
- day of
Subscribed and sworn to before me on this
C1.u_.G6L-0\)'~~ , 19 C\ f.o .
" 3 .~,.
v \. ,- / . j
( v. 'L~ ) V J J e:h-L'<Y\-V, eel
Notary Public r;;i;;:----",,<
CINDY ~,'''~'''__,
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
$ 3"7;;)..00
$ ~ct~,3-a
$ ,;lCfOl,'33