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ORDINANCE <br />THEREFORE, the City Council of the City of Elk River does hereby ordain as <br />follows: <br />Section 1. That Sections 30-1 and 58-91 of the Ell{ River City Code shall be amended by <br />revising the first sentence in the definition of "Solid waste Facility" to read as follows: <br />Solid waste Facility means all property, real or personal, including negative <br />and positive easements, water and air rights, all storm water management <br />facilities, and all buffer areas or buffer zones, which are or may be required, <br />needed or useful for the processing or disposal of waste and for which <br />processing or disposal of waste a license is required under the provisions of <br />this Code. <br />Section 2. That Section 30 -1834 of the Elk River City Code, entitled SwF "Solid Waste <br />Facility Overlay District," shall be amended by adding new subsection (e) thereto, which <br />shall read as follows: <br />(e) Solid waste Facilities restricted to SwF — Solid waste Facilities Overlay <br />District. No Solid waste Facility, including any portion of a Solid waste <br />Facility, any easements, water or air rights, all storm water management <br />facilities and all buffer areas or buffer zones required, needed or useful for the <br />establishment and/or operation of the Solid waste Facility, with the exception <br />of facilities necessary for monitoring the offsite impacts of the facility on <br />ground and surface water, shall be located or operated in the City except in <br />those areas of the City located within the SwF — Solid waste Facilities <br />Overlay Zoning District. <br />Section 3. That Section 58 -100 (b) of the Elk River City Code, entitled "Location of <br />Solid waste Facilities," shall be amended to read as follows: <br />(b) Location of Solid waste Facilities. No Solid waste Facility, including <br />any portion of a Solid waste Facility, any easements, water or air rights, all <br />storm water management facilities and all buffer areas or buffer zones <br />required, needed or useful for the establishment and/or operation of the Solid <br />Waste Facility, with the exception of facilities necessary for monitoring the <br />offsite impacts of the facility on ground and surface water, shall be located or <br />operated in the City except in those areas of the City located within the SwF <br />-- Solid waste Facilities Overlay Zoning District. <br />Section 4. That Section 58 -171 of the Elk River City Code, entitled "Prohibited Areas," <br />shall be amended by adding new subsection (8) thereto, which shall read as follows: <br />(8) 200 feet from the nearest property which is not located within the SwF - Solid <br />Waste Facilities overlay Zoning District. <br />3 <br />