5.5. PCSR 10-11-2011 - Laserfiche WebLink

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Section 2. That Section 30-1861 of the City of Elk River Code of Ordinances, titled Definitions shall be amended to read as follows: Condition~~h use, when used in tlvs Di~7cion 11 means a ~t~ ecific ty-~e of struc:tuire or laraci use listed in the. official control that may be allowed but onbly after an indepth review procedure and with. appropriate conclitionc or restrictions as provided in the oftlcial coning controls or building codes and upon. a finding that.: a. Certain conditions as detailed in t:he zon.it~~ ardiz~~,nce ~;~ist. b. The structure ancli or land use ccmfortxi__tc>_ tl~e comr~re:hensive land use t~lan and are, compatible ~ti~ith the existing neighborhood. Lowest Floor -meant the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure used solely far parking of vehicles building access or storage in an area other than a basement area, is not considered a building's lov=est floor. Recreational Vehicle - means a vehicle that is built on a single chassis. is 400 sauare feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a l~ht duty truck and is designed primarily not for use as a Permanent dwelling but as temporar~% living quarters for recreational camping travel or seasonal use. The term recreational vehicle shall be synonl=mous with the term travel trailer or travel vehicle t~ is not used as tl~e residence of the owner or occupant; (21 is used while engaged in recreational or vacation actiti-ities; and (3 i is either self-nrotselled or towed on the _hi~h«-avs incidental to the recreatic>nah or vacarion. actxvrtles. Stn~ctw-e, when used in Division 11 of this .article, means an~~th>ing constricted or erected on the ,ground or attached to the around or on-site utilities including, but not limited to. builcli~gs, factories. sheds. detached g~~ra~es, cabins, manufactured horx~e5 recreational vehicles not meetin;r c,,,_ ritc~ria speca.Fiecl in Section 9.935 of this Ordin.at~ce acid other similar items. Sul~starati~al I7rxrraa~, as used in thvs division, means damage of any origin sustained ]~~a structure where the cost of restoring the stricture to it before ciamr€tred condition tvc~uld equal or exceed 50 percent of=the market. value of the structure before the damage occ~zt:red. Sul~rtantial Im~rovem~nt as used in this di~~i4ion, means u>ithin and= 36.5-dal= perir~d, and rcconstruc-tion. rel~abilit3tion {including normal maintenance ~sid repair. repair after damage additicm or other impro~-ernent of a stricture the cost of which equals or exceed 5t? percent of the market value of the structure. before the "Start of construction" of the inproc-ement 'T`his term includes structures that have incurred "substantial damage" regardless of the actual ret~air work performed The term does not hou=ever, include either: a Anv proiect for improvement of a cmxcture to correct existing violations of state or local health. 5anitarTT or safet; code specifications which have been identifie. i by the Iiuildinu Official and tivhich are the nynimum necessar~tc> assure safesafe living conditic~.cas. b ~lnv alteration of an "historic structure"~rovidc:d that the alteration will not preclude. the ctructure'c continued desis~;x-~ation ac an "historic structure". For. the purpose of this dit-isi.on, "historic structure" shall be defined in 44 Cade of Federal. Re~ula, bons part :i9.1.