Ordinances – CITY OF FOREST LAKE

WASHINGTON COUNTY, MINNESOTA

ORDINANCE NO. 663

AN ORDINANCE AMENDING TITLE XV, CHAPTER 153, SECTIONS 153.010 AND 153.320(F), ADDING TOPSOIL REMOVAL AS AN INTERIM USE IN THE MXR-1 ZONING DISTRICT

THE CITY COUNCIL OF THE CITY OF FOREST LAKE ORDAINS AS FOLLOWS:

Section One. Title XV, Chapter 153, Section 153.010 Amendment: Title XV, Chapter 153, Section 153.010 of the Forest Lake City Code is hereby amended to add the following definition:

TOPSOIL REMOVAL. The excavation and subsequent off-site removal of more than 50 cubic yards of surface soil, usually including the organic layer in which plants have most of their roots. Topsoil removal does not include the removal of sand, aggregate, gravel, or mineral deposits.

Section Two. Title XV, Chapter 153, Section 153.010 Amendment: Title XV, Chapter 153, Section 153.010 of the Forest Lake City Code is hereby amended as follows. The underlined text shows the proposed additions to the City Code:

MINING. The excavation, removal, storage, or processing of sand, gravel, rock, soil, clay, or other deposits. For the purposes of this chapter, mining shall not include the excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other material for the following purposes:

(1) Excavation for the foundation, cellar, or basement of some pending construction for which a permit has been issued and which is to be erected immediately following the excavation, removal, or storage;

(2) On-site construction of approved roads, sewer lines, storm sewers, water mains, or surface water drainage approved by the local unit of government for agriculture or conservation purposes, sod removal, or other public utilities;

(3) Landscaping purposes on a lot used or to be used as a building site;

(4) Grading/excavation of less than 1 acre of land in conjunction with improvement of a site for lot development providing that activities will be completed in 1 year;

(5) The removal of excess materials in accordance with approved plats or highway construction;

(6) Topsoil Removal pursuant to an Interim Use Permit.

Section Three. Title XV, Chapter 153, Section 153.320 Amendment: Title XV, Chapter 153, Section 153.320(F) of the Forest Lake City Code is hereby amended as follows. The underlined text shows the proposed additions to the City Code:

153.320 MIXED RESIDENTIAL, SINGLE-FAMILY, AND TOWNHOUSE (MXR-1) DISTRICT.

(F) Interim uses. Subject to applicable provisions of this chapter, the following are interim uses in the MXR-1 District (requires an interim use permit based upon procedures set forth in and regulated by 153.035).

(1) Towers (see 153.096)

(2) Uses as determined by the Planning Commission and City council and added to this section by amendment.

(3) Topsoil Removal.

Section Four. Effective Date. This Ordinance shall be in full force and effect upon its publication as provided by law.

Passed in regular session of the City Council on the 27th day of February, 2017.

CITY OF FOREST LAKE By: Ben Winnick

Its: Mayor

Attested:

By: Jolleen Chaika

Its: Deputy City Clerk

Published in the

Forest Lake Times

March 9, 2017

661121

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