ORD 03-013ORDINANCE 03 - 13
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-I "DEFINITIONS" and 30-1026 "DOWNTOWN DISTRICT"
OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1 titled "Definitions" of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Building Height ~) wittfm the Downtown District (DD) means the dimension taken from the
sidewalk on Main Street to uppermost portion of the Cornice.
means a fixed or operable horizontal projection or hood over a door, window, niche, etc.
Com~e means any horizontal projecting ornamental molding that finishes or crowns the top of a
building, wall, arch, etc.
Display Area means the area from the top of the Kickplate to the head of the entrance door.
Ki:kp/ate means the area from the sidewalk surface to the bottom of the Display Area.
Lover Facade means the portion of the facade that includes the Storefront, the Transom and the
Stringcourse.
Medallion means a decorative element that is typically inlaid into the facade of a building often
bearing a figure in relief, a portrait, or as an ornament with a change in material.
Parapet Panel means the area from the head of the uppermost windows to the bottom of the
articulated Cornice. ~
Ponary Fafade means any building fagade directly fronting a public street, park or the river. Comer
Units shall have at least two Primary Fagades.
Secandary Fafade means any building facade that does not directly front a public street, park or the
river. Walls that extend above the roofline of an adjoining building shall be treated as Secondary
Facades.
Storefront means that portion of the facade from the sidewalk to the head of the entrance door.
Str/ngaxtrse means an area/band that is located at the second floor line separating the Lower Faqade
from the Upper Facade. It shall be created with a reveal and/or change in the brick pattern (i.e. a
Soldier Course).
Transom Area means the area between the head of the entrance door and the bottom of the
Stringcourse.
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Unit or Unit W~J~h means the measurement of an implied facade.
Unit Area means the area defined as the Unit Width times the Downtown Building Height.
Upper Fafade means the portion of facade from the Stringcourse to the bottom of the articulated
Cornice.
Section 2. Section 30-1026 titled "Downtown District" of the City of Elk River Code
of Ordinances shall be amended to read as follows:
(a) Purpose. As Downtown Elk River changes, future presentation as well as any new
construction should reinforce the general character and quality of the existing downtown. The
design of new construction should take into consideration the location of the proposed
building(s) as well as incorporate traditional design elements and techniques that are currently
represented in existing structures.
The intent of the Downtown District is to preserve this distinctive character with the
appearance that there are multiple buildings that are distinctly different from one another yet
will allow a uniform mass of building with the appearance of vertical separation. These
standards shall be the framework for any new development and designs shall strive for creative
traditional architectural character, while dearly being an expression of the architecture of its
own time.
PermS. mff Uses. The following uses shall be Permitted Uses in the Downtown District,
subject to the design standards set forth in Sections 30-1026(e) and (f) and the Site Plan
Review process set forth in Section 30-1026(g) of this ordinance:
(1) Governmental, business and professional offices
(2) Financial institutions
(3) Retail stores and shops
(4) Personal service establishments
(5) Outpatient health care facilities
(6) Multiple family dwellings provided that business/commercial uses at street level
occupy the floor
(7) Hotels
(8) Restaurants, (Class I)
(9) Public parks
(c) Accessory Uses. Accessory uses in the Downtown District are as follows:
(1) Off-street parking facilities
(2) Off-street loading facilities
(3) Telephone booths
(4) Private recreational facilities
(5) Public shelters and essential services
(6) Sale of firearms
(7) Temporary signs as permitted in Section 30-851 et seq.
(8) Permanent signs.
Signs should be designed to fit with the character, proportions and scale of the
individual building and should complement, rather than compete with, the character of
downtown.
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a. Prior to installing any signs, a sign permit must be obtained from the planning
department.
b. Prohibited signs: back-lit signs (excluding individual letters), molded plastic canister
signs, smooth/flat plastic signs and signs with strobe lights, flashing elements or
distracting actions.
c. One (1) wall mounted sign and one (1) projecting sign shall be allowed on each
Primary Fafade and on one (1) Secondary Fafade, which does not extend above the
roofline of an adjoining building.
d. A total of one (1) square foot of wall mounted signage per one (1) linear foot of
Unit Width, not to exceed thirty-two (32) square feet shall be allowed.
e. Wall mounted signs shall not exceed twenty-four (24) inches in height nor project
out more than eight (8) inches from facade.
f. Wall mounted signs shall not be higher than the bottom of the Stringcourse.
g. Projecting sign(s) shall not exceed six (6) square feet in area, shall not project more
than four (4) feet from fafade and shall not be thicker than six (6) inches.
h. A projecting sign shall project out perpendicular from fafade.
i. Projecting sign and structural elements shall not be lower than seven (7) feet four (4)
inches from the sidewalk nor shall be higher than the bottom of the sill of the
second floor windows.
j. Signage shall be constructed of metal, wood, stone, plastic (with three dimensional
reliefs) and/or cloth.
k. The brackets and structure for projecting signs shall be ornamentally designed.
1. With the exception of individual letters, only externally illuminated signs are
allowed.
m. Monument signs shall not be allowed. Existing monument signs erected prior to
the date of the adoption of this ordinance can be rebuilt to the same size in the
same location.
n. Aside from a date and name stone not exceeding three (3) square feet, no signage
shall be placed within the Parapet Panel area.
o. Window signs and temporary on-site signs attached to or painted on a window may
not cover more than fifty (50%) percent of the window surface area.
p. Portable signs shall be lLmited to unlit A-frame signs with a maximum height of
three (3) feet and a total area of six (6) square feet per side. Such signs shall not
obstruct pedestrian traffic nor impede vehicular traffic.
q. Only one (1) portable sign may be displayed directly in front of a business at any
given time and shall be displayed only during business hours.
r. Street numbers must be prominently displayed at the main entrance to every
business and be visible from the street.
~ Uses. The following uses shall be Conditional Uses in the Downtown
District, subject to the design standards set forth in Sections 30-1026(e) and (f) and the
procedures and standards for the approval of Conditional Use Permits set forth in
Sections 30-651 through 30-659 of this ordinance:
(1) Nonprofit clubs, lodges or halls
(2) Licensed daycare facilities
(3) Institutional uses
(4) Commercial and residential parking lots and ramps
(5) Multiple family dwellings without commercial on first floor
(6) On-Sale liquor establishments
(7) Commercial recreational facilities
(8) Convenience store
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(9) Funeral parlor
(10) Single- family dwellings
(11) Restaurants, (Class II)
(12) Governmental buildings and facilities
(13) Produce markets
(14) Therapeutic massage and sauna establishments
(e) Exterior Building Finishes. New Development within the Downtown District shall utilize
the exterior building materials set forth in this section.
(1) Primary Facades.
a. The following are acceptable building materials for Primary Facades:
i. Modular brick- Jumbo brick shall not be allowed.
ii. Cut stone such as granite, marble and limestone
iii.Architectural stone
iv. Acid etched architectural precast concrete panels
v. Architectural metal, not to exceed twenty-five (25%) percent of the Unit Area
b. The following are acceptable accent materials for Primary Facades:
i. EIFS, stucco and other cementitious coating
ii. Wood (in the Storefront area, bay windows, cupola's and/or comer bays only)
iii.Integrally colored split face (rock face) Concrete Masonry Units (CMU) that
have a dimensional characteristic of brick (not to exceed sixteen (16) inches in
length nor four (4) inches in height)
iv. Integrally colored burnished block
v. Ceramic, porcelain, hand crafted or fired tile
vi. Treated brick (such as glazed, dyed or painted)
vii. Architectural precast concrete
viii. Fiber cement siding/trim (in the Storefront area, bay windows, cupola's and/or
comer bays only)
Co
Accent material are reqttired on both Primary and Secondary Facades and shall
comply with the following requirements:
i. Ten (10%) to twenty (20%) percent of the total Unit Area (Unit Width x
Downtown Building Height) shall be of an material, different than that of the
main body of material.
ii. Accent materials shall not be concentrated in any one location.
(2) Secondary Facades.
a. The following are acceptable building materials for Secondary Facades:
i. Brick
ii. Stucco, EIFS and other cementitious coating
iii. Integrally colored split face (rock face), burnished or glazed CMU (excluding
plain or painted)
iv. Any material that is acceptable for Primary Facades
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(f) Architertural standards andguk/elb~. It is the intent of the City of Elk River to promote and
encourage high standards of creative, traditionally based, architectural design in the
Downtown District. Therefore, new development within the Downtown District shall
comply with the following Design Standards and Guidelines. The restoration,
remodeling and/or expansion of existing buildings shall, to the maximum extent
possible, bring exterior facades back to the appearance they had when they were
originally constructed, or maintain a similar architectural style to the original
construction, or comply to the extent possible with these Design Standards and
Guidelines.
(1) The Building.
Standards:
a. The building shall not be setback more than six (6) feet from a front property line.
Side yards shall maintain a zero lot line setback.
b. Unit Widths directly facing Main Street and Jackson Avenue shall be between twenty
(20) and thirty (30) feet and may be increased to ninety (90) feet on comer units.
Unit widths shall be clearly defined.
c. Building height shall be at least two (2) stories but not less than twenty-four (24) feet
and shall not exceed four (4) stories or forty-five (45) feet. However, at least twenty-
five (25%) percent of a development areas fasade, above the third story, must be
stepped back at least ten (10) feet from the overall fasade surface.
d. A Primary Fa~ade's color/shade/hue shall be different than adjacent Units.
e. A Stringcourse, located at the second floor line, shall be provided to separate the
Lower Fasade and the Upper Facade.
f. A Stringcourse is not required for residential Units that have direct access to the
street (i.e. row house type unit).
g. Heating, ventilation and air conditioning (HVAC) grilles/screens shall be painted the
same color as surrounding material.
h. Utility connections shall be screened with a material that is the same as the Primary
Faqade material.
Guidelines:
a. The setback of buildings at the intersection of two streets will be subject to review
for adequate pedestrian and vehicular visibility.
b. All Unit widths are encouraged to be proportioned to those on Main Street and
Jackson.
c. Unit Widths adjacent to one another are encouraged to vary by at least forty-eight
(48) inches in width.
d. Primary Fasade building elevations parallel to the street are favored.
(2) Storefront.
Standards:
a. Shall be fifty (50%) to seventy (70%) percent glazing and not extend to the Unit
edges.
b. Lower Facade architectural detail elements, such as pediments, shall not extend
above the bottom of the Stringcourse line.
c. Medallions on a given unit shall not be the same medallions on the two adjacent
Units to each side.
d. Storefront treatments shall not extend across multiple Units in attempts to unify
them into a single unit.
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(3)
Guidelines:
a. No more than two (2) medallions are recommended in the Lower Facade.
b. Maintain a regular pattern or rhythm with other facades along the street.
c. Masonry columns, piers and/or pilasters are encouraged and should compliment
and/or match the material used on the Upper Facade to help define the storefront
patterns and rhyduns.
Kickplates.
Standards:
a. Shall be eighteen (18) to twenty-four (24) inches in height.
b. Excluding wood shakes, kickplates may be of an acceptable accent building material.
c. Color shall be neutral, blend and compliment with the major building materials.
(4) Display Area.
(5)
(6)
Standards:
a. Sills shall be directly above the top of the Kickplate.
b. Mirrored glass shall not be allowed.
c. Wood and/or metal framing shall be finished a color to coordinate with the
building's overall color scheme.
Transom Area.
Standards:
a. Shall be the same as the Primary Facade building material.
b. The Transom Area, if it has no awnings, shall have at least forty (40%) to fifty (50%)
percent of the area devoted to a change in material pattern that is unique, but similar
to adjacent Units.
c. Glass block and/or Stained Glass will be allowed. Mirrored glass shall not be
allowed.
Guidelines:
Transoms may be illuminated from the inside.
Incorporation of signage into the Transom Area is a desirable element.
Entrances.
Guidelines:
a. Entrance doors should have a minimum forty-five (45%) percent glass, unless it is
the entrance door to a residential Unit at Street level (i.e. a row house type unit).
b. Framing materials should be the same as the overall Storefront design.
c. Entrance should reflect the character and scale of space it accesses.
(7) Upper Fagade.
Standards:
An articulated Cornice at least twenty four (24) inches in height shall be required for
each building Unit Width. Cornice detailing shall be achieved through, but not
limited to, corbelling, varied ornamental moldings and reliefs.
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b. The same Cornice detail shall not be the same as the two adjacent Units to each side.
c. Cornice design shall be integrated as an overall part of the design and shall be of a
Primary Facade building material or architectural precast concrete.
d. Medallions on a given unit shall not be the same medallions on the two adjacent
Units to each side.
e. The Parapet Panel, if greater in height than four feet, shall have at least thirty-five
(35%) to forty (40%) percent of the area devoted to a change in material pattern or as
a relief from the main facade.
f. Upper Facade treatments shall not extend across multiple Units in attempts to unify
them into a single unit.
Guidelines:
a. The cornice projection should be proportionate to the scale of the building and to
the detail of the cornice.
b. Cornice heights are encouraged to vary in height from Unit to Unit by at least
twenty-four (24) inches.
c. No more than four (4) medallions are recommended in the Upper Facade.
(8) Upper Floor Windows.
Standards:
a. A minimum of three (3) windows or grouping of windows per floor per Unit Width
shall be provided in the Upper Faqade.
b. Only single-hung, double-hung, casement and fixed windows shall be allowed.
c. Window widths in the Upper Primary Facade shall not be greater than tkirty-six (36)
inches.
d. The grouping of windows shall not exceed nine (9) feet in width.
e. Windowsills are required on all widows and shall be articttlated with an acceptable
Primary Fagade building material or architectural precast concrete.
f. Mirrored glass shall not be allowed.
g. Wood and/or metal framing shall be finished in a color to coordinate with the
building's overall color scheme.
h. Window air conditioners shall not be allowed in Primary Facades.
i. Balconies on Primary Facades (excluding facades that face the river) shall not be
deeper than twenty-four (24) inches
j. Lintels shall be of an acceptable Primary Facade building material or architectural
precast concrete.
k. Design and detail of bay, bowed and/or boxed windows shall be different from Unit
to Unit.
Guidelines:
a. On Primary Upper Facades, the sum of window widths per floor should equal forty
(40%) to forty-five (45%) percent of the total Unit Width.
b. Upper Facade Windows are encouraged to align directly above one another from
floor to floor.
c. All Upper Primary Facade windowsills, on a given floor in a given Unit, are preferred
to be at the same height.
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(9) Awnings.
Standards:
a. Awnings shall be of a weather treated canvas/fabric material in either a solid or
vertical striped pattern.
b. Awnings may be either fixed or operable.
c. Awnings, if desired, shall be placed at a minimum over all Storefront windows of a
Unit Width.
d. Awnings for Upper Fagade windows shall be individual to each opening.
e. With the exception of dome awnings, the end of awnings shall project out
perpendicular from building.
f. Awnings shall not extend to the Unit edges.
g. The same style and color of awning shall not extend beyond one Unit Width.
h. The bottom of the fringe shall not be lower than seven (7) feet four (4) inches or
higher than eight (8) feet from the sidewalk.
i. Lower Facade awnings shall not extend above the bottom of the Stringcourse line.
j. No signage shall be placed on the Ends of the awing.
k. If signage is to be located on an Awning Field, it shall not exceed 25% of total field
area in the Lower Facade and be limited to only one awning per Unit.
1. Lettering, not to exceed four (4) inches in height, shall be allowed on the awning
fringe.
Guidelines:
a. Awnings for Upper Fagade windows are encouraged to be the same style and color as
the awnings, if present, in the Lower Facade.
b. Awning colors should be muted, and should coordinate with building fagade color
scheme, adjoining bt~dings and the streetscape.
c. Simple pitched awning profiles are preferred and box awnings (enclosed from below)
are discouraged.
d. All awnings should be designed to fit the opening that is intended to cover.
e. Canopies are discouraged and will be subject to review for appropriate scale and
proportion.
f. Awnings should extend between a distance of three (3) to four (4) feet from face of
building.
(10)Lighting.
ao
Standards:
Fixtures that are not allowed in the Downtown District are: visible fluorescent bulbs,
colored bulbs (except for temporary seasonal decoration), internally illuminated
awnings, strobe lights and flashing elements.
Guidelines:
a. Historically accurate fixtures and appropriately scaled contemporary fixtures, such as
but not limited to, gooseneck, wall mounted lantern and shielded fluorescents are
preferred.
b. Exposed or painted metal finishes are most appropriate for lighting fix-n~es in the
downtown. Fixture color(s) should be muted, and should coordinate with fagade and
signage color scheme.
c. Lighting at building facades should serve only to illuminate entries, adjacent
pedestrian areas and displays, or to highlight significant architectural features.
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d. Lighting may be placed at doorways, below awnings, in display windows and as
needed to illuminate signage or architectural features.
(11) Fences and Railings.
Standards:
a. Fencing shall be metal and finished in a dark, solid color.
b. Railings located in the Lower Faqade shall be metal and finished in a dark, solid color.
c. Fences used to screen parking areas shall be within a height range of 4'-0" and 6'-0".
d. Plain or painted concrete masonry units shall not be allowed for fences, walls or
enclosures.
e. Chain link fencing shall not be allowed.
ao
Guidelines:
Masonry walls, in conjunction with a wrought iron fence, should be installed to no
more than two (2) feet above public side walk.
Balconies and/or patios should utilize decorative metal railings which coordinate
with the design and color scheme of the building.
(12) Enclosures.
ao
Standards:
Dumpsters shall be within enclosures constructed of the same material and colors as
those used in the building.
Enclosures must be at least six (6) feet in height and provide full screening of
equipment and dttmpsters.
(13) Parking
Standards:
a. Parking shall be provided underground, behind a building, within a building, or
within a parking structure.
b. Residential parking shall be at a rate of 1.25 stalls per unit.
c. Off street parking shall be shielded from view of major streets using dense
landscaping, open fencing with landscaping, and/or a masonry wall with open
fencing.
(1) Site Plan RwkwofPermitted Uses. Proposals for the construction of new buildings and
structures, and the restoration, remodeling or expansion of existing buildings and
structures, within the Downtown District shall be reviewed by the Director of
Planning, or their designee, to determine if they meet the standards set forth in Sections
30-1026(e) and (f). No building permit shall be issued until this review process has
been completed.
(2) Applicatior~ Applications for site plan review within the Downtown District shall be
filed with the Director of Planning, or their designee, on a form prescribed by the city
and shall be accompanied by such plans and information as may be required by the city,
including building elevations which specify exterior building materials and provide
sufficient design detail to evaluate compliance with Sections 30-1026(e) and (f).
(3) Revkw. The Director of Planning, or their designee, shall have 15 days from the date a
completed Application for Site Plan Review is accepted by the city to determine if the
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proposed building materials and design meet the requirements of Sections 30-1026(e)
and (f), and to approve or deny site approval. If the Director of Planning, or their
designee, denies site plan approval, the denial shall be accompanied by a written
statement setting forth how the proposal does not complywith the design standards of
Sections 30-1026(e) and (ir).
Appeal. If the Director of Planning, or their defignee, denie~ rite plan approval, the
applicant may appeal this denial pursuant to the requirements and procedures set forth
in Section 30-634 of this ordinance.
Section 3. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 18th day of
August, 2003.
Pat Klaers
City Administrator
Stepharl~e Klinzing
Mayor
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.
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Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNlY OF SHERBURNE)
~..~
RESOLUTION 03-57
A RESOLUTION OF THE CITY
OF ELK RIVER
A RESOLUTION APPROVING
NOTICE OF SUMMARY
PUBLICATION OF
ORDINANCE 03-13
AMENDING CHAPTER 30 OF
THE CITY OF ELK RIVER
CITYCOJ)E
'VHEREAS,. onA~t 18,.200S
the Elk Rivet City Council adopted
Ordinance O:J-13 amendirm
Cl1apter SO of the . Elk River City
Code titled, "Land Development.
Regulations" to establish a
Downtown District, and
WHEREAS, the amendmelltto
the ordinance. provides for new def-
initions; and
WHEREAS, tpe Downtown
Districts sets forth rules and regu-
lations. . ~overning . development
within the downtown area in the
City ofE.lk River. Itis;the purpose
of these regulatioIlSj;o:
1. Establish permitted, accessory,
and cOnditional uses within the
Downtown District.
2. Esta~lish building and parking ·
setbacks within the DDwntown
District.
S. Establish. ~uilding design stan-
dards and guidelines within the
Downtown District.
and,
WHEREAS, a copy of the full text
of this. ordinance amendment
(..or.:.=....i .......>....Qa.,...~....'.'..:.....',.'IMill...'.....,.,.. able .,fior.
. ,lllS , .. ,.".__n at the
!~ffice tit'., ._~ty Clerk,
13065 <>roDOhk.~CiUting-regu-
lar. h~...."......., a.m. to
::3 p.,,~......' Friday;
NOW'l'HEREFORE BE 11'
RESOLVED, that the City Council,
by ,at least four-fifths vote, author-
izes the publication of the title and
summary of Ordinance OS-IS; and
BE. IT FURTlIER RESOLVED
that Ordinance OS-IS' shall becom~
effective upon publication of
Resolution 03-57.
Passed and adopted by the Elk
River City Council this 15th day of
September, 2003.
Stephanie Klinzing, Mayor
ATTEST:
Patrick Klaers,
City Administrator
(Sp24)
Efl~~~
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other appli~able laws, as amended.
B) The printed -J-te~ILLf1h1--03-~2------
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published
on Wednesday, the L yXJdayof ~ f) f7 p11iv..J ,
I
20 ()"5 , and was thereafter printed and published every
Wednesday to and including Wednesday, the
day of ,20_; and printed below
is a copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
tt-J
Subscribe and sworn to before me on this :L ~ day of
~y
111.
RATE INFORMATION
..23.5;;)>
(1) Lowest classified rate paid by
commercial users for comparable space $
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ 9~ )3
$ ?.2.1f