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ORDINANCE NO. 10- 23 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30- 1385 AND CHAPTER 42, ARTICLE II OF THE ELK RIVER CITY CODE OF ORDINANCES RELATING TO THE MINERAL EXCAVATION OVERLAY ZONING DISTRICT AND THE REGULATION OF MINERAL EXCAVATION ACTIVITIES The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 30 -1835 (d) of the Elk River City Code of Ordinances shall be amended, and new Sections 30 -1835 (e), (f) and (g) shall be added, to read as follows: (d) Zone Change Procedures and Requirements. Establishment of Mineral Excavation Overlay Zoning on a specific parcel of land shall be by amendment to the City Zoning map as provided by this article and pursuant to the procedures and requirements set forth in Section 30 -575 of this Code. Applications for a zone change to the Mineral Excavation District shall only be approved upon a finding that: (i) the requirements set forth in Section 30 -575 of this Ordinance have been met; (ii) the proposed zone change is consistent with the City's • Comprehensive Plan; (iii) the proposed mineral extraction activities will fully comply with the applicable standards and requirements set forth in Chapter 42, Article II, Division 2 of this Code; and (iv) the proposed activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public health, safety or welfare, and will not impair the use, enjoyment or value of any neighboring property or use. (e) Conditional Use Permit Procedures and Requirements. Applications for Conditional Use Permits to allow mineral excavation activities shall be approved pursuant to the procedures and requirements set forth in Chapter 30, Article VI, Division 2, Subdivision III of this Code, and only upon a finding that: (i) the standards for issuance of a Conditional Use Permit set forth in Section 30 -654 of this Code have been met; (ii) the procedures set forth in Chapter 42, Article II, Division 2 of this Code have been fully complied with; (iii) the standards and requirements set forth in Chapter 42, Article II, Division 3 of this Code have been fully complied with; and (iv) the proposed mineral excavation activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to public health, safety or welfare, and will not impair the use of, enjoyment or value of any neighboring property. (f) The Council, in its discretion, may attach conditions to the issuance of a Conditional Use Permit as provided in Section 30 -655 of this Code. •