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ORDINANCE 09 - 09 CITY OF ELK RIVER AN ORDINANCE OF VIE crft op ELK arm AMEND114G SECTIONS 30.1 "DEFINITIONS" AND ADDING SECTION 30.804 "WIND TURBINES" ONE THE ELK RIVER CITY CODE OF ORDINANCES The City Council ok44&City of Elk River does hereby ordain as follows: Section 1. Section' 30 -1 titled, Definitions,-of the City of Elk River Code of Ordinances shall be amended to add the follow- ing: Wind Turbine. Means a machine that converts the kinetic energy in the wind into a usable form. Section 2. Section 30 -504 of the City of Elk River Code of Ordi- nances, titled Wind Turbines shall be added to include the — Fallowing.'' I1 Locations: Wind Turbines -ay be permitted where identi- fied as a conditional'or acces- sory use herein. (b) Required Approvals; exemptions: Required. No Wind Turbine or support structure,of any kind, shalt be erected any- where within the city without first making application for and obtaining from the City approvals required by the Code. Wind turbines less than 22 feet in height or attached to and no more Chan _10 feet above an existing structure shall be exempt from the provisions of this Section. _ ( ) Manufacturer's documen- ta)iM- and;engineer's certifica- tion Prior to the issuance of a building permit, the applicant shall provide to the city docu- mentation or other evidence from the dealer or manufac- turer that the Wind Turbine has been successfully operated in atmospheric conditions and is warranted against any sys- tems failures under reasonably expected severe weather oper- ating conditions as established by the Department, of Building Safety. The applicant shall also provide to the city documenta- tion that the tower structure for the system has received a professional engineer's certifi- cation. 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 requirements constitutingqualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed Ordinance, 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 24th day of October, 2009, and was therefore printed and published on every Saturday to and including Saturday, the 24th day of October, 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 abcdefghij klmnopgrstuvwxya Office Manager Subscribed and sworn to before me on this 24th day of October, 2009 RATE INFORMATION (1) Lowest classified rate paid by $ 21.00 commercial users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 1,951,272 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate)