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Ordinance 17 - 01 <br />&ii�� to be removed <br />Underlines to be added <br />An Ordinance Ad6ng Section, 30-808, Structures in the Right -off -Allay to the City <br />of EN River, Minnesota, City Code <br />The City Council of the City of Elk River does hereby ordain as follows: <br />SECTION 1. That § Section 30-808, Structures in the Right -of -Way, shall be added to the City <br />of Elk River Code of Ordinances, and read as follows: <br />Sec. 30-808. — Structures in a Right-of-way. <br />(a) Definitions. The definitions in section 30-1 are applicable in this section. <br />(b) Structures which do not meet or exceed the following standards shall not be permitted within a <br />dedicated right-of-way or roadway easement. <br />(1) Co -location. Non-public or private equipment may co -locate on existing public infrastructure <br />(e.g., utility poles, street light, etc.) with approval from the owner of the existing structure. <br />(2) Mechanical Equomenl. All mechanical equipment shall be installed underground, with the <br />exception of mechanical equipment cabinets (structures) in accordance with the following: <br />i. Not greater than 30 inches in height or nine square feet in area; <br />ii. Setback ten feet from the back of curb or edge of travel lane, whichever is greater; <br />iii. A commercial building permit must be obtained from the Building Official; and <br />iv. Mechanical equipment must be in compliance with all laws, ordinances, rules and <br />regulations of the city, including specifically, but not limited to, the city and state building <br />and electrical codes, where appropriate. <br />(3) Environmental. Structures shall comply with all environmental setback and applicable <br />regulations as outlined in Section 30-1852. <br />(4) Stormwater. Structures shall maintain all pre-existing drainage patterns and shall not interfere <br />with existing stormwater infrastructure. <br />(c) Exemption. Any public facilities owned and operated by the city, county, state, or federal <br />government shall be exempt from the requirements of this section. <br />SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by <br />law. <br />Passed and adopted by the City Council of the. City of Elk 'veAt of nuary, 2017. <br />]tz, MaY <br />fATE <br />Tina Allard, City Clerk <br />7_0 -L, ERE® - <br />➢� <br />Last Updated March 2014 <br />