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(a. 1. ~lEv,ctoui- <br />Item # 6. I . <br />Revised to include <br />City Attorney's comments <br />ORDINANCE 09- - _ <br />CITY OF ELK RIVER <br />AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING <br />CHAPTER 30 OF THE CITY CODE OF ORDINANCES TO DEFINE YARD <br />WASTE SITE AND TO MAKE YARD WASTE SITES AN INTERIM USE IN <br />THE MINERAL EXTRACTION (ME) OVERLAY ZONING DISTRICT <br />The City Council of the City of Elk River does hereby ordain as follows: <br />Stril~eagl~s to be removed <br />Underlines to be added <br />Section 1. That section 30-1 of the City of Elk River Code of Ordinances, tided <br />definitions, shall be amended to add the following definition: <br />Yard waste site. <br />A site a~oro~ ved by the City Sherburne County and the Minnesota Pollution Control <br />Agency, if required for the storage transfer or composting of yard waste. <br />Section 2. That Section 30- 1835, subsection b shall be amended to read as <br />follows: <br />(b) Use regulations; ~ect of overlay honing. The mineral excavation overlay district is an overlay <br />zoxung district. Land zoned into the mineral excavation district will also remain in its original <br />zoning district (the underlying zoning district). All permitted, accessory, conditional and <br />interim uses allowed in the underlying zoning district will continue be allowed on land zoned <br />into the mineral excavation overlay district, subject to all restrictions and requirements <br />applicable in the underlying district. In addition to the uses allowed in the underlying zoning <br />district, there shall be allowed in the mineral excavation overlay district the following <br />conditional uses, subject to all requirements of this Code for the establishment and <br />operation of such uses: <br />Mineral excavation operations and related facilities licensed under chapter 42, <br />article II, as a conditional use. <br />Yard waste sites as an interim use, Provided <br />a) The Yard Waste Site use shall terminate 10 years from the date of approval or <br />upon the termination of the Conditional Use Permit for mining operations on the prooertT, <br />which ever occurs first. <br />b) The City m~ require that an escrow be deposited to ensure that the conditions <br />of the Interim use are adhered to. <br />cl Onl~yard waste and no other types of solid waste shall be accepted. <br />d~) The hard waste site shall be located no closer than three hundred (3001 feet <br />from any residentially used ~rooerty as measured from the edge of the nearest <br />compost pile to the nearest residentially used property. <br />s:\planning main\case files\oa\oa 09-02 composting\official ordinance.doc <br />