9.2. SR 07-15-2013 City of
Elk Request for Action
River
To Item Number
Mayor and City Council 9.2
Agenda Section Meeting Date Prepared by
Work Session July 15, 2013 T.John Cunningham,Fire Chief
Item Description Reviewed by
Signage in Right-of-Ways Chris Leeseber ,Park Planner-Planner
Reviewed by
Cal Portner, City Administrator
Action Requested
Direct staff on possible revision to � 30-859 of the Elk River Code of Ordinances pertaining to signage in
the public right-of-way.
Background/Discussion
On June 3, 2013, the Council discussed the current ordinance which regulates the placement of signage in
the public right-of-way (ROW). City Code � 30-859 prohibits, among other things, any signage that is
"attached to trees,utility poles,public benches, or streetlights, or placed on any public property or right-
of-way." Enforcement of this section has generated some concerns from residents who frequently hold
garage sales and commonly place signage in the public right-of-way.
Following the June 3 discussion, staff researched possible options for the Council to consider that would
allow for certain exceptions to be made to the current ordinance including ordinances from a number of
surrounding communities. A summary of those findings are attached as Exhibit 1. Elk River's current
language is consistent with other communities.
The ordinance, and enforcement activity,is also consistent with the city's visionary goal to enhance
beautification. Action Step C7 specifically states, "actively enforce zoning and signage standards on
primary corridors."
Regulation of Content
Council had asked for further information as to what extent the city can regulate signage based on
specific classified groups (i.e. garage sales, not-for-profit advertising, community events, etc.). The city
attorney has advised that cities cannot regulate content and advises against drafting an ordinance that
would restrict signage display to specific groups. It would be possible, however,to restrict the display of
signage in a public ROW during specific days (i.e. Thursday—Sunday). This,however,would need to be
equally and fairly applied to everyone,including residents and businesses.
Utility Lines
One concern that was discussed at the June 3 meeting was that of utility lines that are commonly placed
in the ROW. Generally, high power lines are placed at a minimum of 32" deep and secondary (including
service) lines are placed 18-24" deep. TV cable and telephone service lines to individual properties are
not placed very deep and can easily be disrupted by stakes and signage. Surface grading does change over
P a w E R E U 6 Y
NaA f RE]
time which can impact the actual depth of service lines,including electrical,water,gas, cable,and
telephone.
City and County/State Roads
The city can,through its local ordinances,provide less or more stringent regulations on city-owned /
operated roadways than what is allowed on county/state roads. Changes to the city's ordinance,however,
would not have any impact on county or state roadways,including intersections. Exhibit 2 shows the
most common intersections in which garage sale signs are placed and removed (either by city or
county/state staff). Many of the intersections are either non-city roads or intersect a city road with a
county/state road.
The ordinance is consistent with county and state regulations and policies concerning the placement of
signage in the ROW. Since many county/state intersections are not clearly marked as such,it may be
confusing for the general public to understand where signage may be legally placed.
Options to Consider
The current ordinance is specific in that all signage displayed in a public right-of-way is prohibited. Below
are some options to consider further. Since this ordinance pertains to land-use, staff will bring forward
any suggested changes to the Planning Commission for further consideration and drafting of a final
ordinance amendment,if any. It will then ultimately be brought back to Council for final action.
Staff is not, at this time,recommending changes to any other section of the ordinance, specifically signs
that require permits, etc.
A. No Change
This option would leave in place the existing language which is consistent with neighboring communities
as well as the state and county for their right-of-way. Enforcement would continue based on staff
availability, complaints, and allocation of resources. Staff recommends increasing public education and
community outreach.
Pros
• Consistent with county/state roadways regulations and policies.
• Consistent with city's vision and goals (beautification and code enforcement).
• Provides staff with best guidance for enforcement.
Cons
• Public disapproval of ordinance. Pushback to Council and staff.
• Restricts community and government-related advertising opportunities.
B. Eliminate Restrictions within Public Right-of-Way
The city may eliminate the specific ordinance language to allow the placement of signage in the ROW.
Pros
• Resolves conflict of ordinance with the placement of signage in ROW,including those for garage
sales,graduation parties, etc.
• Frees up staff availability to address other code enforcement concerns.
N:\Public Bodies\Agenda Packets\7-15-2013\Final\x9.2 sr Signs in Right of Way.docx
Cons
• Ability of residents and businesses to accurately determine which road/intersection is regulated
by city ordinance or county/state regulations.
• Conflicts with city's vision and goals; staff would recommend eliminating Goal C7.
C. Allow signage for specific time-frames
This option would allow the placement of signage for a specific time frame (i.e. 12 noon Thursday—6
p.m. Sunday) and would be applicable for all content-types (i.e. residential and commercial). Staff
recommends that certain conditions be added to aid in enforcement, such as:
• Requiring the name,address, and contact number of the responsible party placing the sign.
• Signs without the appropriate contact information, or left in place beyond the allowed time-
frame, can be removed and destroyed by the city.
• No sign shall be placed in the public right-of-way abutting private property unless permission to
place such a sign is first obtained from the owner, occupant or other person having control of the
abutting private property.
• Restrict the number of similar signs per 100 feet or per property.
• Consider an administrative fee or fine for removing signs placed in ROW during periods of
restricted use.
Council may wish to consider modifying or deleting Goal C7.
Pros
• Provides for a middle ground between zero-tolerance of signage in the ROW and allowing signs
through the entire week.
• Allows for easier enforcement by providing a clear time-frame on when signage is permitted.
• Involves the property owner of the abutting property.
Cons
• Not applicable to county/state roadways which may result in confusion by residents and
businesses.
• May increase staff time to ensure signs are adequately marked and/or removed in a timely
fashion (enforcement timeframe will now be restricted to days in which signage is not
permitted).
• Will not regulate content and will be applicable to all types of signage.
Financial Impact
At this time,no financial impact is forecasted. Staff does,however,recommend increased public
education and awareness based either the current ordinance or any subsequent revisions (if any).
Attachments
• Exhibit 1: Summary of city ordinances.
• Exhibit 2: Map detailing common intersections for signage.
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Exhibit I
Nearby Cities Prohibiting Signs in Right-of-Way
• Big Lake
o 1300.06: Subd. 5. Public Right-of-Way Signs. No signs shall be allowed in the
public right-of-way, except the following: public signs erected by or on behalf of a
governmental body to post legal notices,identify public property, convey public
information,identify a community festival or event,and direct or regulate pedestrian
or vehicular traffic;informational signs of a public utility regarding its poles, lines,
pipes, or facilities; emergency signs erected by a governmental agency, a public utility
company, or a contractor doing authorized or permitted work within the public
rightof-way. Signs identified in this paragraph are exempt from sign permits and
fees.
• Becker
o SEC. 1170 Subd. 15. Unauthorized Signs.
■ C. Signs painted,attached or in any other manner affixed to trees, rocks, or
similar natural surfaces, or attached to public utility poles,meter posts,
bridges, towers, traffic posts, stakes or similar structures in any street right-
of-way
• Clear Lake
o Section 907.06 6- 10. Signs shall not be permitted within the public right-of-way, or
within dedicated public easements except that the City Council may, grant a permit
to allow temporary signs and decorations to be strung across and within right-of-
way and easement for a period not to exceed ninety(90) days.
• Nowthen
• Section 7 Sign regulations Subd. 11-7-4 General Provisions
■ A. No signs, other than those of governmental jurisdictions, shall be
permitted within public right-of-way or roadway easements.
• M. Temporary Off-Premises Signs:
■ 2. Signs shall be allowed only in yards abutting arterial or major collector
streets and shall not be located within any public right-of-way or drainage
and utility easement.
• Otsego
o Section 37 Sign Regulations Subd. 20-37-4: General Provisions
■ A. No signs, other than those of governmental jurisdictions, shall be
permitted within public right-of-way or roadway easements.
• Rogers
o Chapter 113. — Signs, Sec. 113-6. —Prohibited Signs
■ (8) Any signage placed in the right-of-way will be immediately removed by
the city. Any damage occurring to the sign during the removal process will
not result in a reimbursement as the sign was placed on public property.
• St. Michael
o 155.493 General Provisions
■ (A) No signs, other than those of governmental jurisdictions, shall be
permitted within public right-of-way or roadway easements.
• Champlin
o Chapter 118—Signs
■ Sec 118-5. General Provisions - No sign other than bench signs at public
transit stops and governmental traffic safety or roadway information signs
shall be erected within any public road right-of-way or upon any public
easement.
• Anoka
o Article VIII. Signs, Section 74-446. General Regulations
■ (a) Signs shall not be permitted within the public right-of-way or on
easements, except that the City Manager or designee of the City Manager
may allow temporary signs for local community event to be erected upon a
site designated by the City.A banner permit is required for such signs,which
will be permitted for a period not exceeding two (2) weeks. Banners that
promote religious,political, business or personal causes will not permitted
• Coon Rapids
o Chapter 11-2100 Sign Regulations, 11-2106 Temporary Signs
■ (b) A temporary sign under this section must be set back at least one foot
from a public sidewalk or 18 feet from the street pavement if there is no
sidewalk. In no case will a sign be located within a public right-of-way or
within 10 feet from any other property line
• Blaine
o 34.04 Prohibited Signs
■ (b) Signs within a public right-of-way or easement, except for signs installed
by governmental subdivisions.
• Ramsey
o Chapter 117 Sec. 117-465. —Temporary Signs
■ (2) Location. Temporary signs must be located fully on private property,with
the permission of the property owner. The city will remove any signs in the
public right-of-way, or erected without permission from the property owner.
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