8.3. SR 06-03-2013City of
Elk
River
REQUEST FOR ACTION
TO
ITEM NUMBER
Mayor and City Council
8.3
AGENDA SECTION
MEETING DATE
PREPARED BY
General Business
June 3, 2013
John Cunningham, Fire Chief
ITEM DESCRIPTION
REVIEWED By
Sign Ordinance
Cal Portner, City Administrator
REVIEWED BY
ACTION REQUESTED
• Review and discuss current ordinance language pertaining to prohibited signs.
• Direct staff for further action, if any, regarding revisions to city ordinance(s).
BACKGROUND /DISCUSSION
The city's Code Enforcement Division, under the direction of the fire chief, is responsible for enforcing
city ordinances pertaining to, among other things, zoning, quality of life, aesthetics, exterior maintenance
and signage. The division works closely with planning and other city staff to ensure that city ordinances
are applied equally and fairly without prejudice. In addition to addressing complaints from citizens and
businesses, the division also proactively addresses public safety concerns, such as snow removal, and
prohibited activity such as illegal signage, blight, and other community -wide concerns.
Recently, staff and some Councilmembers have fielded questions regarding the enforcement of signage
within the city limits, particularly regarding garage sales, special events, and other activities.
In accordance with § 30 -859 of the Elk River City Code, the following types of signs, in part, are illegal:
■ Signs attached to trees, utility poles, public benches, or streetlights, or placed on any public
property or public right -of -way.
Signs placed on vehicles or trailers which are parked or placed for the primary purpose of
displaying the sign, except for portable signs or lettering on buses, taxis, or vehicles operating
during the normal course of business.
Any sign placed within 30 feet of any intersection that may obstruct motorist or pedestrian
visibility.
Staff regularly assists residents and businesses in finding legal alternatives for posting signs and
announcements, including, when required, providing applications for permits, which require further
review and consideration. Much of the city's enforcement activity, however, often involves signage
located in the public right -of -way and signs placed in /near an intersection, both of which are prohibited
under city ordinance. Similarly, state statutes (160.2715 and 173.15) regulate signs in the right -of -ways for
"limits of any highway" and "interstate system of highways." City ordinance does not provide for any
exceptions, such as for garage or rummage sales.
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Right -of -way
City ordinance prohibits the placement of signs in the public right -of -way. The right -of -way refers to a
strip of land which is used as a transportation corridor. The land is acquired as an easement or in fee,
either by agreement or condemnation.
The actual width /location of a right -of -way varies and depends on the actual street. For example, School
Street near Parker Elementary has a width of approximately 75' and 120'. At the 75' width, there is no
right -of -way behind the sidewalk but at the 120' width there is about 20' of right -of -way on the south
side.
A typical residential street has a 60' right -of -way with 15' of landscaped area on each side of the 30' wide
street.
Background and Enforcement
The purpose of signage is to attract attention and to promote a good or service. As such, the placement
of signs is often just as important as the message it is trying to convey. Most cities, however, regulate the
placement of signage as a means to not only control visual aesthetics but to ensure that signs do not
create public safety concerns by blocking site lines, creating distractions or generating litter. Restricting
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the placement of signs within the public right -of -way is a means in which many of the aforementioned
concerns are addressed.
Much of the city's enforcement action pertaining to signs involves the public right -of -way. When signs
are removed they are taken to the city maintenance facility where the public can retrieve them during
normal business hours. Signs located within either a county or state right -of -way are often removed by
the respective jurisdiction in which there is often no recourse to reclaim the sign.
While staff works diligently to enforce various city ordinances, such enforcement action is limited by staff
availability and resources. Staff, however, will enforce city ordinances equally and fairly.
Topics for Discussion
The purpose of this discussion is to provide a brief overview of the city's current sign ordinance and to
get Council direction to modify or expand the scope of the city's current ordinances pertaining to signs.
Some options for Council to consider include:
1. Leaving the existing city code in place.
2. Abolishing restrictions on signage, in whole or in part.
3. Allowing for additional exemptions within the city code.
Some cities, such as Maple Grove, have included language in their ordinance to allow for the posting of
certain types of signs in the public right -of -way. As an example, � 24 -6 of the Maple Grove Code of
Ordinances reads, in part:
69 Placement of signs on right -of -way or public land.
(1) No sign other than governmental signs shall be erected orplaced for any period of time within or upon any public
land except as may be author' .Zed in this subsection.
(2) Only governmental signs, signs for a rummage sale posted no more than 120 hours in any eight -day period and
signs advertising the sale of real estate between the hours of 6.00 p.m. Friday to 6.00 a. m. Monday may be erected orplaced
within any public right- of -avay or easement. No nongovernmental sign shall be placed in a public right- of -avay abutting
private propery unless permission to place such a sign is first obtained from the owner, occupant or other person having
control of the abutting private property.
(3) Any sign other than governmental signs remaining on such property in excess of 120 hours in any eight -day period,
orplaced for any length of time in violation of subsection (2) of this subsection, may be summafiy removed by the city or
othergovernmental agency owning such public right -of -way or easement and, at its discretion, destroyed.
Based on the feedback and direction from Council, staff will bring back this item for future discussion,
including possible ordinance changes and forecasted financial and /or staffing impacts.
FINANCIAL IMPACT
None
ATTACHMENTS
None
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May 30, 2013
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City Council
c/o The City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear City Council Members,
I would like to appeal to you in regard to the law that requires garage /yard sale signs to
not be in right-of-ways. I only became aware of this law last week when a nice lady came
to my door to ask me if I'd seen a sale sign that had been left near my home last week.
She was very upset. She went on to tell me that the City has been removing garage sale
signs all over town. I thanked her for telling me because I had been confused several
times that week as I went looking for garage sales around town.
I have lived in Elk River for almost 10 years, and this is the first that I have ever heard of
in regards to this law, and it is the first year that I have ever seen it enforced.
I beg you on behalf of those who need to make some extra money and for those who
utilize garage sales to buy many of the things that they need that you repeal this law or
add an amendment that would allow garage sale signs to remain up. Elk River is the best
town that I've ever found to garage sale in. The people are friendly, and the sales are
abundant and reasonably priced. Please don't change our town by making it harder to
have these sales.
Respectfully,
Carrie Hub
303 Proctor Avenue
Elk River, MN
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