ORD 09-03ORDINANCE 09- 03
C I TY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
CHAPTER 30 OF THE CITY CODE OF ORDINANCES TO DEFINE YARD
WASTE SITE AND TO MAKE YARD WASTE SITES AN INTERIM USE IN
THE MINERAL EXTRACTION {ME} OVERLAY ZONING DISTRICT
The City Council of the City of Elk River does hereby ordain as follows:
to be removed
Underlines to be added
Section 1. That section 30-1 of the City of Elk River Code of Ordinances, titled
definitions, shall be amended to add the following deffi-iition:
Yard waste site.
1 site approved by-the City, Sherbume County_ and the NIi nesota Pollution Control
Agency, if required for the storage, transfer or composting-of yard waste.
Section . . That -Section - 1835, subsection b shall be amended to read as
follows:
(b) Use .r; effect -Z. The xineral excavation overlay dstet i an overlay
zoning district. Land zoned into the mineral excavation district wiU also remain in its original
zoning district (the underlying zoning district). All permitted, accessory. -&fid conditional and
int n*m uses allowed in the underlying zoning district wiU continue be allowed on land zoned
into the mineral excavation overlay distiict, subject to all restrictions and requirements
applicable in the underlying district. In addition to the uses allowed in the under-lying zoning
district, here shall be allured in the mineral excavation overlay district the following
conditional uses, subject to all requirements of this Code. for the establishment and
operation of such uses;
4i�-Mineral excavation operations and related facilities licensed under chapter 42,
article II, as a conditional use.
( Yard waste sites, as an interim use, Provided
a The Yard Waste Site use shall terminate 10 years from the date of -ap P ro al or
upon the terrrmi ation of the Conditional e Permit for #�� g operations on the t2r o er
which ever occurs first.
b) The City mgy require that an escrow be deposited to ensure that the conditions
of the Interim use are adhered to.
c 0gly. and waste acrd no other tvpes of solid waste shall be acce ted,
d-2) . The yard waste site shall be located no closer than three hundred Q feet
from any residentially used prol2 rt�r as measured from the edge of the nearest
compost nfle to the nearest residentiall y used property.
e-3 The vard waste site shall be enclosed by fencingt or sha.0 limit vehicular and
nedestrian access throu h the use of berms gees or other means.
L4).- The site shall be maintained cleanly- including the immediate removal of waste
materials deposited are or near the site which cannot be composted.
Section 3. 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 o day of
prfl, 2009.
Step nie K-Enzing, Mares
OWIFUSSISM
Cz
Tina Allard, City Clex
s: \document \ordinance \oa 7 -1.doc
ORDINANCE 09- 03
CITY OF ELK RIVER
AN ORDINANCE OF THE
CITY OF�NRIVER
CHAPTElt 30 OF THE CITY
CODE OF'ORDINANCES TO
DEFINE YARD WASTE
SITE AND TO MAKE YARD
WASTE SITES AN INTERIM
USE IN THE MINERAL
EXTRACTION (ME)
OVERLAY ZONING
DISTRICT
The City Council of the City of
Elk River does hereby ordain as
follows:
Section 1. That section 30 -1 of
the City of Elk River Code of
Ordinances, titled definitions,
shall be amended to add the
following definition:
Yard waste site.
A site approved by the City,
Sherburne County and the
Minnesota Pollution Control
Agency, if required for the stor-
age, transfer or composting of
yard waste.
Section 2. That Section 30
1835, subsection b shall be
amended to read as follows:
' (b) Use regulations; effect of
overlay - wag -Th mineral
excavation overlay district is an
overlay zoning district. Land
zoned into the mineral excava-
tion district will also, remain in
its original zoning district (the
underlying zoning district). All
permitted, accessory, condi-
tional, and interim uses
allowed in the underlying zon-
ing district will continue be
allowed on land zoned into the
mineral excavation overlay dis-
trict, subject to all restrictions
and requirements applicable in
the underlying district. In addi-
tion to the uses allowed in the
underlying zoning district,
there shall be allowed in the
mineral excavation overlay dis-
trict the following conditional
uses, subject to all require-
ments of this Code for the
establishment and operation of
such uses:
(1) Mineral excavation opera-
tions and related facilities
licensed under chapter 42,
article 11, as a conditional use.
(2) Yard waste sites, as an
interim use, Provided
a) The Yard Waste Site use
shall terminate 10 years from
the date of apprq
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA SS
COUNTY OF SHERBURNE )
Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
Newspaper known as the Star News, and has full knowledge of the facts which are stated
below:
(A) The Newspaper has complied with all ofthe requirementsconstituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
applicable laws, as ammended.
(B) The printed Notice of Public Hearing, which is attached was cut from the columns
of said newspaper and was printed and published once a week for one week; it was first
published on Saturday, the 25th day of April, 2009, and was therefore printed and published
on every Saturday to and including Saturday, the 25th day of April, 2009, 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
abcdefghijklmnopgrstuvwxyz
(-W , (f4a P_�N4
Office Manager
Subscribed and sworn to before me on
this 25th day of April, 2009 ,. CINDY M. SCHIMINSKI
NO T A „RY U IfC
MIN -A
My COMM;”' On EX0ir9 SJ,1n.31, 2010
Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by $ 20.00
commercial users for comparable space (line, word or inch rate)
(2) Maximum rate allowed by law for the $ 15.50
above matter (line, word or inch rate)
(3) Rate actually charged for the above $ 15.50
matter
(line, word or inch rate)
1,686,690
b) The City array require tkat
as escrow be deposited to
ensure that the conditions of
the Interim use are'adhered to.
c) Only yard waste and no
other types of solid waste shall
be accepted.
d) The yard waste site shall be
located no closer than three
hundred (300) feet from any
residentially used property as
measured from the edge of the
nearest compost pile to the
nearest residentially used
property.
e) The yard waste site shall be
enclosed by fencing or shall
limit vehicular and pedestrian
access through the 'use of _
berms, trees or other means.
f) The site shall be main-
tained cleanly including the
immediate removal of waste
materials deppsited on or near
the site which cannot be com-
posted.
Section 3. That this ordi-
nance shall take effect upon
,)ublication as provided by law.
Passed and adopted by the
City Council of the City of Elk
River this 20th day of April,
2009.
Stephanie Klinzing,
Mayor
ATTEST:
,Tina Allard,
'City Clerk
(Ap26)