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ORDINANCE 09- 03 C I TY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 30 OF THE CITY CODE OF ORDINANCES TO DEFINE YARD WASTE SITE AND TO MAKE YARD WASTE SITES AN INTERIM USE IN THE MINERAL EXTRACTION {ME} OVERLAY ZONING DISTRICT The City Council of the City of Elk River does hereby ordain as follows: to be removed Underlines to be added Section 1. That section 30-1 of the City of Elk River Code of Ordinances, titled definitions, shall be amended to add the following deffi-iition: Yard waste site. 1 site approved by-the City, Sherbume County_ and the NIi nesota Pollution Control Agency, if required for the storage, transfer or composting-of yard waste. Section . . That -Section - 1835, subsection b shall be amended to read as follows: (b) Use .r; effect -Z. The xineral excavation overlay dstet i an overlay zoning district. Land zoned into the mineral excavation district wiU also remain in its original zoning district (the underlying zoning district). All permitted, accessory. -&fid conditional and int n*m uses allowed in the underlying zoning district wiU continue be allowed on land zoned into the mineral excavation overlay distiict, subject to all restrictions and requirements applicable in the underlying district. In addition to the uses allowed in the under-lying zoning district, here shall be allured in the mineral excavation overlay district the following conditional uses, subject to all requirements of this Code. for the establishment and operation of such uses; 4i�-Mineral excavation operations and related facilities licensed under chapter 42, article II, as a conditional use. ( Yard waste sites, as an interim use, Provided a The Yard Waste Site use shall terminate 10 years from the date of -ap P ro al or upon the terrrmi ation of the Conditional e Permit for #�� g operations on the t2r o er which ever occurs first. b) The City mgy require that an escrow be deposited to ensure that the conditions of the Interim use are adhered to. c 0gly. and waste acrd no other tvpes of solid waste shall be acce ted, d-2) . The yard waste site shall be located no closer than three hundred Q feet from any residentially used prol2 rt�r as measured from the edge of the nearest compost nfle to the nearest residentiall y used property.