4.3 PCSR 11-12-2013 El Request for Action
River
To Item Number
Planning Commission 4.3
Agenda Section Meeting Date Prepared by
Public Hearing November 12,2013 Zack Carlton,Planning Intern
Item Description Reviewed by
Sign Ordinance Amendment OA 13-02 Jeremy Barnhart, Deputy Director CODD
Reviewed by
Chris Leeseberg,Park Planner-Planner
Action Requested
Recommend,by motion, adoption of the ordinance as drafted.
Background/Discussion
Last year, the Chamber of Commerce approached the City with a request to review and amend as
necessary the sign ordinance with the goals of making the ordinance easy to understand, clear in its
direction, and address areas where the business community felt at a disadvantage with other communities.
These areas primarily included wall sign area,billboards, and temporary signage.
The proposed sign ordinance balances the needs of the business community with the goals of the city as a
whole. The ordinance,as drafted,provides an overall increase in available signage for businesses,
improves readability, and clarifies a variety of sign types. Many businesses will be permitted to increase
their net signage and convey their advertising messages at a larger scale. Downtown businesses specifically
gain additional portable signs,larger temporary signs,monument signs, digital changeable copy signs, and
the elimination of height and area maximums for wall signs.
Recommendations Received
Staff received a number of comments and recommended changes during the amendment process and has
included,in whole or part, a number of the changes. The following is a summary of the recommendations
staff received.
Chamber of Commerce
Recommended changes from the Elk River Chamber of Commerce include:
• Permitting freestanding signs in the downtown district.
• Using percentage as limiting factor for wall signs (15%recommended).
• Permitting billboards in the CRT district and removing the principle use clause.
• Expand digital changeable copy regulations.
• Remove restrictions on temporary signs during road construction.
Downtown River's Edge Business Association
The Rivers Edge Business Association provided the city with suggested changes to the sign ordinance, as
they pertain to the downtown zoning district:
• Increase maximum wall sign from 32 square feet to 15% of facade area.
P O W E R E D B y
NATURE
• Increase maximum height for wall signs from 24" to 36".
• Remove language regulating sign material (section 30-872 (b) (9)).
• Remove language banning internally illuminated signs (section 30-872 (b) (11)).
• Permit monument and freestanding signs using C-1 freestanding sign regulations as a guide.
• Increase maximum window sign area from 50% to 80%.
• Remove regulations for temporary banner type signs, or create an annual permit to regulate them.
Heritage Preservation Commission (HPC)
The HPC discussed the proposed sign ordinance amendment as it pertained to downtown during the
meeting on October 17th and recommended the following:
• Permit freestanding signs in the downtown district at key entrances to the area.
• Increase maximum window sign area from 50% to 80%.
• Continue to prohibit cabinet signs in the downtown district.
Planning Commission
The Planning Commission discussed the ordinance amendment during their October 22nd workshop and
recommended the following changes:
• Use 10% of facade area as the limiting factor for wall signs.
• Maintain window signs at 50% of individual window area,but allow vacant commercial spaces to
cover 100% of their window areas.
• Increase the temporary sign size limit from 48 to 56 square feet, continue enforcing all temporary
signs with a permit, and continue to limit display time to 90 days per year.
• Continue prohibiting cabinet signs in the downtown district.
• Increase the number of portable signs in the downtown district from one total, to one per public
entrance.
• Permit monument style signs in the downtown district with the following limitations: one per
multi-tenant facility,maximum height of 10 feet,maximum sign area of 40 square feet, and a
setback of 15 feet from the property line.
• Continue to prohibit billboards in the CRT and maintain the principle use clause.
• Increase billboard height from 25 to 35 feet and measure height from nearest roadway grade.
Staff incorporated all of the recommendations from the Planning Commission workshop into the
proposed ordinance amendment.
Additionally, the Commission may consider the following changes to the Planning Commission's
workshop recommendation. By allowing additional freestanding signs in the downtown district, the
Commission should determine that freestanding signs enhance the pedestrian friendly environment of
the Old Town (Downtown area) as required by the Comprehensive Plan. If that is the determination,
then staff proposes a reduction in the height of monument signs in the downtown district to six feet and
reduce the setback from 15 to 10 feet. Staff believes the reduced size better fits the pedestrian scale of
downtown,while furthering the business community's goal of additional advertising opportunities. The
reduced setback increases visibility from the street and matches the remainder of the sign ordinance,
improving clarity and readability.
N:\Departments\Community Development\Planning\Case Files\OA\OA 13-02 Sign Ordinance\SR PC Sign-Ord_11-12-13.docx
Financial Impact
N/A
Attachments
• Redlined draft ordinance
• Clean draft ordinance
• Planning Commission staff report dated October 8,2013
N:\Departments\Community Development\Planning\Case Files\OA\OA 13-02 Sign Ordinance\SR PC Sign-Ord_11-12-13.docx
Sec. 30-851. Definitions
The definitions in section 30-1 are applicable in this subdivision.
(Code 1982, y 900.22(2))
Cross reference—Definitions generally, `\ 1-2
Sec. 30-852. Purpose, scope, and findings of subdivision
(a) Purpose. The purpose of this subdivision shall be to coordinate the type,placement,
and physical dimensions of Signs within the different zoning districts, to recognize
the commercial communication requirements of all sectors of the business
community, to encourage the innovative use of design, to promote both renovation
and proper maintenance,to allow for special circumstances, and to guarantee equal
treatment under the law through accurate recordkeeping and consistent enforcement.
These shall be accompanied by regulation of the display, erection,use, and
maintenance of Signs.
(b) Scope. This subdivision shall not relate to building design,nor shall this subdivision
regulate official traffic or government Signs;the copy and message of Signs;window
displays;product dispensers and point of purchase displays; scoreboards on athletic
fields; flags of any nation,government, or noncommercial organizations;
gravestones;barber poles;religious symbols; commemorative plaques;the display of
street numbers; or any display or construction not defined as a Sign in section 30-1.
(c) Findings
The City finds:
(1) Exterior Signs have a substantial impact on the character and quality of the
environment.
(2) Signs provide an important medium through which individuals may convey a
variety of messages.
(3) Signs can create traffic hazards and aesthetic concerns, thereby threatening
the public health, safety and welfare.
(4) The City's zoning regulations include the regulation of Signs in an effort to
provide adequate means of expression and to promote the economic viability
of the business community,while protecting the City and its citizens from a.
proliferation of Signs of a type, size,location, number and character that
would adversely impact upon the aesthetics of the community and threaten
the health, safety and welfare of the community. The regulation of the
physical characteristics of Signs within the City has had a positive impact on
traffic safety and the appearance of the community.
(Code 1982, § 900.22(1))
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Sec. 30-853. Compliance with applicable regulations
All Signs hereafter erected or maintained shall conform with the provisions of this subdivision and
other ordinances and regulations of the city.
(Code 1982, § 900.22(3))
Sec. 30-854. Nonconforming Signs
(a) Eligibility for legal nonconforming status. Existing Signs which do not conform to the
current provisions of this subdivision shall be "legal nonconforming" Signs,provided
that the Sign was authorized by a valid permit,variance,or complied with all
applicable laws at the time the Sign was installed.
(b) Loss of legal nonconforming status. A legal nonconforming Sign may lose this designation
if the Sign is removed, abandoned, or its use discontinues for a period of 12 months
or more.
(c) Maintenance and repair.A legal nonconforming Sign is subject to all requirements of
this subdivision regarding safety,maintenance, and repair.
(d) Relocation or alteration. The city council may,upon application of a property owner,
permit the alteration or relocation of a legal nonconforming Sign if, after a public
hearing by the planning commission and city council, the council determines that
total compliance with the current Sign regulations is not reasonable but the alteration
or relocation of the nonconforming Signs is in greater conformity with the existing
Sign regulations and is in the best interest of the community.
(e) No epansion. No legal non-conforming Sign shall be expanded or enlarged in any
respect.
(Code 1982, § 900.22(5);Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-855.Appeals
Appeals from any decision rendered under this subdivision may be made as provided in subdivision
II of division 2 of this article.
(Code 1982, § 900.22(7)(I); Ord. No. 09-06, § 1, 7-20-2009)
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Sec. 30-856. Notice of violation; order to repair or remove Sign
In addition to the remedies authorized in section 30-576, the city may cause the following action to
be taken:
(a) When,in the opinion of the city administrator, or designee, a violation of the Code
exists, the city administrator, or designee, shall issue a written order to either the
owner of the Sign or the owner of the property on which the Sign is placed. The
order shall specify those sections of the Code involved, shall describe the violation
and shall direct that the violation be corrected within 30 days from the date of the
order;
(b) If,upon inspection, the city administrator, or designee, finds that a Sign is
abandoned or is structurally or electrically defective, or in any way endangers the
public, the city administrator, or designee, shall issue a written order to the owner of
the Sign and occupant of the premises stating the nature of the violation and
requiring repair or removal of the Sign within 30 days of the date of the order.
(Code 1982, 1 900.22(7)(G); Ord. No. 09-06, y 1, 7-20-2009)
Sec. 30-857.Authority of city administrator, or designee
(a) Administrative procedures. The city administrator, or designee, shall process applications
for permits and variances, schedule public hearings as required, and enforce and
carry out all provisions of this subdivision. The city administrator, or designee,is
authorized to promulgate procedures consistent with this function.
(b) Inspections. The building official, city administrator, or designee,is empowered,upon
presentation of proper credentials, to enter or inspect any building, structure, or
premises in the city for the purpose of inspection of a Sign and its structural and
electrical connections to ensure compliance with all applicable codes and ordinances.
Such inspections shall be carried out during business hours unless an emergency
exists.
(Code 1982, S 900.22(7)(A); Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-858. Removal of Signs by city
(a) The city administrator, or designee, may cause the removal of a Sign.after failure to
timer:comply with written orders for removal or repair as provided in section 38-
856. After removal or demolition of the Sign, a notice shall be mailed to the sign
owner and owner of the property where the Sign was located stating the nature of
the work and the date on which it was performed and demanding payment of the
costs as certified by the city administrator, or designee,including costs for inspection
and incidental costs. If the amount specified in the notice is not paid within 30 days
after mailing of the notice,it shall become a lien against the property where the Sign
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was located and shall be certified as an assessment against the property together with
ten percent interest for collection in the same manner as the Real Estate taxes.
(b) The owner of the property upon which the Sign is located shall be presumed to be
the owner of all Signs thereon unless facts to the contrary are brought to the
attention of the city administrator,or designee,as in the case of a leased Sign.
(c) For purposes of removal,a Sign shall be deemed to include all sign embellishments
and structures designed specifically to support the Sign.
(d) In case of emergency, the city administrator, or designee,may cause the immediate
removal of a dangerous or defective Sign without notice. Signs removed in this
manner must present a hazard to the public safety as defined in section 1300.0180 of
the State Building Code.
(Code 1982, 900.22(7)(H); Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-859. Prohibited Signs
The following types of Signs are prohibited in all districts:
(a) Abandoned Signs which no longer identify or advertise a bona fide business, service,
product, or activity or for which no legal owner can be found.
(b) Pennants, festoons,inflatable balloons/displays, and searchlights; except as a
permitted Temporary Signs under subsection 30-867(h).
(c) Off-premises Signs, other than Advertising Signs (billboards).
(d) Signs imitating or resembling official Government Signs or signals.
(e) Signs attached to trees, utility poles,public benches, streetlights, or placed on any
public property or public right-of-way, except Signs as permitted in section 30-873
(b) (4).
(f) Signs placed on vehicles or trailers which are parked or placed for the primary
purpose of displaying the Sign, except for lettering on buses, taxis, or vehicles
operating during the normal course of business. -
(g) Signs suspended beneath a canopy, overhang, roof, or marquee without a minimum
clearance from grade of eight (8) feet in either a vehicular or pedestrian way.
(h) Any Roof Sign or Sign erected above the roofline of a building.
{i) Any Sign placed within the Vision Clearance Triangle that may obstruct motorist or
pedestrian visibility.
(j) Rotating or Moving Signs.
(k) Unsafe or dangerous Signs as determined by the city administrator, or designee.
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(1) Painted Wall Signs.
(m) Signs utilizing flashing and/or revolving beacon lights.
(n) Banner Signs, except as a permitted Temporary Signs under subsection 30-867(h) or
permitted Real Estate Signs under subsection 30-860 (b) (5).
(Code 1982, j 900.22(3) (B); Ord. No..09-06, § 1, 7-20-2009)
State law reference—Signs resembling traffic control devices prohibited,Minn. Stats. § 169.07.
Sec. 30-860. Permit
(a) Required. Unless otherwise provided by this subdivision, the erection, structural
alteration, or relocation of a Sign shall require permits and payment of fees as
described in this section. No permit is required for the maintenance of a Sign.
(b) Exemptions. The following types of Signs are exempt from permit requirements but
must otherwise be in conformance with all requirements of this subdivision:
(1) On-premises Construction Signs that comply with subsection 30-867(b).
(2) On-premises Signs,including but not limited to Directional Signs,
Informational Signs,Private Sale Signs and Nameplates, having a Sign Area
of four (4) square feet or less.
(3) Portable Signs in the downtown district.
(4) Political Signs.
(5) On-premises residential or commercial Real Estate Signs that comply with
subsection 30-867(c).
(c) Application.Application for a permit for the erection, structural alteration, or
relocation of a Sign shall be made to the city administrator, or designee,upon a form
provided by the city and shall include the following information:
(1) The name and address of the owner of the Sign.
(2) The street address or location of the property on which the Sign is to be
located, along with the name and address of the property owner.
(3) The type of Sign or Sign structure as defined in this chapter.
(4) A site plan showing the proposed location of the Sign along with the
locations and square footage areas of all existing Signs on the same premises.
(5) Structural details as required.
(6) The building official, at their discretion, may require plans prepared by a
structural engineer to verify structural and wind load requirements.
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(d) Fee. All applications for permits filed with the city administrator, or designee, shall be
accompanied by a payment of the initial permit fee for each Sign in such amount as
determined by city ordinance.
(e) Issuance or denial. The city administrator, or designee, shall issue a permit for the
erection, alteration, change of copy or relocation of a Sign within 30 days of receipt
of the completed application and applicable fees,provided that the Sign complies
with all applicable laws and regulations of the city. In all applications,where a matter
of interpretation arises, the more specific definition or higher standard shall prevail.
When a permit is denied by the city administrator, or designee,written notice shall be
provided to the applicant along with a brief statement of the reasons for denial.The •
city administrator, or designee, may suspend or revoke an issued permit for any false
statement or misrepresentation of fact in the application.
(f) Refund of fee on denial ofpermit. If a permit is denied, the permit fee shall be refunded to
the applicant.
(g) Refund offee on abandonment of permit. If no inspections have been made and no work
authorized by the permit has been performed, 50 percent of the permit fee may be
refunded to the applicant upon request,provided that the permit is returned to the
city administrator, or designee,within 90 days of issuance.
(h) Expiration.A permit issued by the city administrator, or designee,becomes null and
void if work is not completed within 180 days of issuance. If work authorized by the
permit is suspended or abandoned for 180 days, the permit is thereby suspended,but
may be reinstated with an additional payment of one-half of the original fee.
(i) Failure to obtain permit. If any Sign is installed or placed on any property prior to
receipt of a permit, the specified permit fee shall be doubled. However,payment of
the doubled fee shall not relieve any person of any other requirement or penalties
prescribed in this ordinance.
(Code 1982,y 900.22(3)(A), (3)(C), (7)(B)—(7)(E);Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-861. Inspections
(a) Any person performing the erection, alteration, or relocating a Sign for which a
permit has been issued shall notify the building official upon completion of the
work. The building official may require a final inspection,including an electrical
inspection and inspection of footings on Freestanding Signs.
(b) The building official may require in writing,upon issuance of a permit, that he be
notified for inspection prior to the installation of certain Signs.
(Code 1982, § 900.22(7)(F); Ord. No. 09-06, § 1, 7-20-2009)
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Sec. 30-862. Maintenance
All Signs shall be properly maintained,including the ground around the Sign. Defective parts shall
be replaced on Signs. The building official shall have the right under sections 30-856 and 30-858 to
order the repair or removal of any Sign which is defective, damaged, or substantially deteriorated.
(Code 1982, § 900.22(3) (D); Ord. No. 09-06, (\,' 1, 7-20-2009)
Sec. 30-863. Illumination
Unless otherwise specified by this subdivision, all Signs may be illuminated.
(Code 1982, S, 900.22(3) (l: ))
Sec. 30-864. Changeable Copy Signs
(a) Unless otherwise specified by this subdivision, any Changeable Copy Sign larger than
30 square feet will require a Conditional Use Permit.
(b) Changeable Copy Signs may only display advertising information for on-site
businesses,public service announcements, or non-commercial copy.
(c) Motor Vehicle Service Stations. Signs for Motor Vehicle Service Stations shall be
regulated by the provisions for the zoning district in which the facility is located,
-except that within a Freestanding Sign, an area not to exceed 16 square feet shall be
allowed for continuous display (no flashing, scrolling or other animation) of digital or
non-digital Changeable Copy identifying current fuel prices,in accordance with
Minnesota state statutes section 239.751.
(d) Time and Temperature Signs. Within all commercial and industrial zoning districts, an
area not to exceed 16 square feet within a Freestanding or Wall Sign shall be allowed
for display of an electronic time and temperature Sign subject to the Sign provisions
for the zoning district in which the Sign is located.
(e) Digital Changeable Copy Signs
(1) In addition to subsections (a) and (b), the display must be static, and the
transition from one static display to another must be no more than two (2)
seconds. The images and messages displayed must be complete in
themselves and without continuation in content to the next image,message,
or any other Sign.
(2) May not change more often than once every eight (8) seconds.
(3) Digital displays must be equipped with automatic dimming technology or
other mechanisms that automatically adjust the Signs illumination level based
on ambient light conditions.
(4) No Sign may be of such intensity or brilliance as to impair the vision of a
motor vehicle driver with average eyesight or to otherwise interfere with the
driver's operation of a motor vehicle.
(5) The display must be designed and equipped to freeze the device in one
position if a malfunction occurs. The display must also be equipped with a
means to immediately discontinue the display if it malfunctions, and the Sign
owner must immediately stop a digital display when notified by the city that it
is not complying with the standards of this ordinance.
(Code 1982, § 900.22(3) (F); Ord. No. 07-10, § 1, 7-16-2007)
Sec. 30-865. Area Identification Signs
Area Identification.Signs are intended to provide additional navigation and identification
opportunities for residential, commercial, and industrial developments meeting the following criteria.
(a) Area Identification signs shall be Monument Signs in design, and are permitted as
follows:
(1) Residential subdivisions of at least 20 acres
a. Shall not exceed 16 square feet in area and eight (8) feet in height.
b. One (1) Sign permitted at each entrance from an arterial or collector
roadway.
(2) Condominium or apartment complex of at least 12 units
a. Shall not exceed 16 square feet in area and eight (8) feet in height.
b. One (1) Sign permitted at each entrance from an arterial or collector
roadway.
(3) Commercial or industrial complex
a. Must consist of three (3) or more platted lots, and as a planned unit
development
b. One (1) Sign not to exceed 80 square feet in area
c. Maximum height as follows:
Max ZONING DISTRICT
Height C-1 C-2 C-3 C-4 I-1 I-2 I-3 BP
7 ft X X
10 ft X
20 ft X X X X
30 ft X
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(b) Shall identify an area or complex,not individual businesses.
(c) Area Identification Signs must be located on the same premises as the Development
which it identifies, as required by the development agreement, or as part of a CUP.
Sec. 30-866. Indemnification of city
All persons involved in the erection, alteration, change of copy or relocation of Signs near or upon
any public right-of-way or public property which requires the use of public property shall, as a
condition of the use of such public property for Sign work,agree to hold harmless and indemnify
the city and its officers, agents, and employees against any and all claims of negligence resulting from
such work insofar as this subdivision has not specifically directed the placement of a Sign.
(Code 1982, y 900.22(3)(G); Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-867. District regulations
The following Signs are allowed in all districts:
(a) All Signs not requiring permits as set forth in subsection 30-860(b).
(b) Construction Signs. One (1) on-premises, non-illuminated Construction Sign not to
exceed 64 square feet in Sign Area and 15 feet in height. Signs may be erected 30
days prior to the beginning of construction, and must be removed ten (10) days
following issuance of a certificate of occupancy.
(c) Real Estate Sign. One (1) on-premises,non-illuminated Real Estate Sign per lot or
premises not to exceed six (6) square feet in Sign Area and six (6) feet in height for
residential lots, and one (1) on-premises non-illuminated Real Estate Sign per lot or
premises not to exceed 64 square feet in Sign Area and 15 feet in height for
commercial lots. Such a Sign must be removed ten (10) days following closing,
rental, or lease.
(d) Nameplate. One (1) on-premises attached nameplate per occupancy, not to exceed
four (4) square feet in Sign Area.
(e) Political Signs. As permitted by State Statute 211B.045. Political Signs are permitted in
all zones. Political Signs may be placed only on private property and only with the
permission of the property owner. Such Signs shall not be illuminated.
(f) Directional Signs. On-premises Directional Signs shall not exceed four (4) square feet
in Sign Area. Logos and advertisements are not permitted on Directional Signs.
(g) Window Signs. Provided they do not cover more than 50 percent of an individual
window area.
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(1) Vacant commercial spaces may cover 100% of a window,provided no
advertising message is displayed.
(h) Temporary Sens. One (1) on-premises Temporary Sign per property may be installed,
as allowed by the city administrator or their designee. Temporary Signs are also
subject to the following:
(1) Signs may not be displayed for more than a total of 90 days per calendar year,
per property. A single permit shall not exceed 30 consecutive days.
(2) Signs may not be displayed without a permit. Each permit must indicate the
number of days and the dates the Sign is to be displayed.A fee and deposit at
a level established by ordinance adopted by the City Council is required. The
deposit shall be forfeited if the Sign is placed on an unapproved surface
and/or was erected past the date removed,as indicated on the permit.
(3) Maximum Sign Area shall be limited to 56 square feet and Signs shall not
exceed nine (9) feet in height. Lettering shall not extend beyond the edges of
the Sign.
(4) Signs must be located on the property of the business and the advertising
message must only relate to business conducted on that premises, except that
nonprofit or charitable organizations as defined by Internal Revenue Code
section 501(C)(3) may have off-premises Signs for their fundraising activities,
provided they obtain written permission from the property owner. Nonprofit
organizations shall be limited to three (3) Signs per event and the Signs shall
not exceed the number of days allowed in subsection (h)(1) of this section. If
an event is advertised for more than 30 days,it shall count toward that
property's 90-day limit for Temporary Signage.
(5) Temporary Signs may not be placed in any right-of-way, and must be located
on an approved surface;not including fire lanes and/or circulation drive
lanes. .A.pproved surfaces include: asphalt, concrete, and class 5 or crushed
concrete compacted to a dust free surface.
(6) Only Signs for the community events listed in subsection 38-383(6) may be
placed on city property.
(7) For purposes of this section, City of Elk River property leased to other
entities shall not be considered city property.
(8) Signs must not be unsafe or dangerous and must be securely anchored.
(Code 1982, § 900.22(4)(A), (4)(B); Ord. No. 00-06, j 1, 3-20-2000; Ord. No. 04-13, § 1, 8-27-2004;
Ord. No. 06-12, § 2, 10-16-2006; Ord. No. 07-20, § 1, 12-17-2007; Ord. No. 08-14, § 2, 10-20-2008;
Ord. No. 09-06, §. 1, 7-20-2009)
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Sec. 30-868. Construction and Location Standards
(a) Compliance with building code.All Signs shall be constructed in accordance with the
requirements of the state building code.
(b) Setback. Except as otherwise provided, Freestanding Signs shall have a setback of ten
(10) feet from any property line to any portion of the Sign. When a property line is
located within the street, the setback shall be 25 feet from the edge of the road.
(c) Anchoring
(1) No Sign shall be suspended so that the Sign will swing in the wind.
(2) All Temporary and Portable Signs on display shall be braced or secured to
prevent motion.
(d) Wind resistance. All Signs shall comply with the wind load requirements of the state
building code.
(e) Obstruction of exits. No Sign shall be erected, constructed or maintained so as to
obstruct any fire escape,required exit,window or door opening used as a means of
egress.
(f) Interference with ventilation. No Sign shall be attached in any form, shape, or manner
which will interfere with any opening required for ventilation, except that Signs may
be erected in front of and may cover transom windows when not in violation of the
provisions of the current building or fire code.
(g) Clearance from electrical equipment. Signs shall be located in such a way as to maintain
horizontal and vertical clearance of all overhead electrical conductors in accordance
with present electrical code specifications.
(h) Lighting. Lighting shall be directed away from road rights-of-way and adjacent
dwellings.
(i) Substitution. The owner of any Sign which is otherwise allowed by this ordinance may
substitute non-commercial copy in lieu of any other commercial or non-commercial
copy. This substitution of copy may be made without any additional approval or
permitting.The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech, or favoring of any particular non-
commercial message over any other non-commercial message. This provision
prevails over any more specific provision to the contrary.
(Code 1982, § 900.22(6); Ord. No. 09-06, § 1, 7-20-2009)
•
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Sec. 30-869. C-1 central business district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign Area. Wall Signs are permitted on any Facade that is not directly
adjacent to a residential use or zone.
(2) One (1) Freestanding Sign, not to exceed 64 square feet in. Sign Area with a
maximum height of 20 feet.
(3) Area Identification Signs as permitted in section 30-865.
(4) The Sign Area of Freestanding Signs may be increased by 25 percent if the
Sign is constructed as a Monument Sign.
(5) One (1) on-premises menu board per drive-up or walk-up lane of a drive-in
restaurant or carwash up to a maximum of 32 square feet each. Menu boards
are allowed to have a message on one side only and may not contain an
advertising message.
(6) Canopy Signs on Motor Vehicle Service Stations
a. In addition to Wall Signs,Motor Vehicle Service Stations shall be
allowed two (2) Canopy Signs.
b. The total area of each Canopy Sign shall not exceed 32 square feet.
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No. 09-06, § 2, 7-20-2009)
Sec. 30-870. C-2 office district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area. Wall Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
(2) One (1) Monument Sign, not to exceed 40 square feet in Sign Area with a
maximum height of seven (7) feet.
(3) Area Identification Signs as permitted in section 30-865
12
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No. 09-06, 'S 2, 7-20-2009)
Sec. 30-871. C-3 highway commercial district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area. Wall Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
(2) One (1) Freestanding Sign, not to exceed 150 square feet with a maximum
height of 30 feet. One Freestanding Sign may be permitted for every 300 feet
of street frontage measured along a single street. The frontage shall only
include the property in which the Principal Use is located on,which the Sign
is advertising. The additional Sign(s) shall be subject to the size and height
limitations of the first allowed Freestanding or Monument Sign and may be
placed no closer than 150 feet to any other Freestanding or Monument Sign.
(3) Area Identification Signs as permitted in section 30-865.
(4) The Sign Area of Freestanding Signs may be increased 25 percent if the Sign
is constructed as a Monument Sign.
(5) One (1) on-premises menu board per drive-up or walk-up lane of a drive-in
restaurant or carwash up to a maximum of 32 square feet each. Menu boards
are allowed to have a message on one side only and may not contain an
advertising message.
(6) Canopy Signs on Motor Vehicle Service Stations
a. In addition to Wall Signs,Motor Vehicle Service Stations shall be
allowed two (2) Canopy Signs.
b. The total area of each Canopy Sign shall not exceed 32 square.
(7) Advertising Signs (billboards), subject to the following:
a. Prohibited within 100 feet of the intersection of the highway right-of-
way and any other right-of-way or driveway.
b. Prohibited within 1,200 feet of another.Advertising Sign on the same
side of the right-of-way.
c. Shall be erected with a single pole or mono-pole structural standard
and shall have underground wiring.
13
d. The base of any Advertising Sign must be landscaped to prevent
erosion and noxious weeds and must be properly maintained.
e. Shall not exceed 400 square feet in area and 35 feet in height, as
measured perpendicularly from the highest point of the Sign
structure to the nearest road grade.
f. Shall be considered a Principal Use of the property. Existing
Advertising Signs must be removed when the parcel upon which they
are situated is devoted to another Principal Use.
g. Shall only be allowed on properties adjacent to the right-of-way for
state highways 10 and 169.
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No. 09-06, , 2, 7-20-2009)
Sec. 30-872. C-4 community commercial district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area.Wall Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
(2) One (1) Monument Sign,not to exceed 125 square feet. The maximum
height shall be ten (10) feet along collector streets, and the maximum height
shall be 20 feet along arterial streets.
(3) Area Identification Signs as permitted in section 30-865.
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No. 09-06, §, 2, 7-20-2009)
Sec. 30-873. DD downtown district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) 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.
14
(1) One (1) Wall Sign shall be allowed on each primary Facade and on one
secondary Facade. One (1) square foot of Wall Sign per. one (1) linear foot of
Unit Width shall be allowed, and shall not project out more than eight (8)
inches.
a. Wall Signs shall not extend above the roofline of an adjoining
bnilding or be higher than the bottom of the stringcourse.
(2) One (1) Monument Sign is permitted for each Multi-Tenant Facility. Signs
shall not exceed ten (10) feet in height and 40 square feet in Sign Area, and
must be set back 15 feet from the property line.
(3) One (1) Projecting Sign shall be allowed on each primary Facade, provided
that:
a. The Sign does not exceed six (6) square feet in area, shall not project
perpendicularly more than four (4) feet from Facade and shall not be
thicker than six (6) inches.
b. The Projecting Sign projects out perpendicular from Facade.
c. Projecting Sign and structural elements are not lower than eight (8)
feet from the sidewalk, nor higher than the bottom of the sill of the
second floor windows.
d. The brackets and structure for Projecting Signs shall be ornamentally
designed.
(4) One (1) Portable Sign is permitted per public entrance, and only one (1) Sign
may be displayed per Facade.
a. Two-sided Portable Signs (sandwich boards) may not exceed five (5)
feet in height, and six (6) square feet in area. Such Signs are only
permitted during business hours,must be located in front of the
business it identifies,and shall not obstruct pedestrian traffic nor
impede vehicular traffic.
b. Portable Signs (sandwich boards) shall be set back a minimum of two
(2) feet from the back of curb of parking areas,public streets, or
private drive aisles.
(5) With the exception of individual letters and Changeable Copy Signs, only
externally illuminated Signs are allowed.
(6) Aside from a date and name stone not exceeding three (3) square feet, no
signage shall be placed within the parapet panel area.
(c) Changeable Copy Signs as permitted in section 30-864
15
(d) Prohibited Signs: Back-lit Signs (excluding individual letters),molded plastic Cabinet
Signs, smooth/flat plastic Signs and Signs with strobe lights, flashing elements or
distracting actions.
(Ord. No. 09-06, '§ 2, 7-20-2009)
Sec. 30-874. I-1 light industrial district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area. Wall.Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
(2) One (1) Freestanding Sign, not to exceed 150 square feet with a maximum
height of 30 feet. Where a lot has in excess of 300 feet of street frontage, one
additional Freestanding or Monument Sign will be allowed. This Sign shall be
subject to the size and height limitations of the first allowed Freestanding or
Monument Sign and may be placed no closer than 150 feet to any other
Freestanding or Monument Sign on the same premises.
(3) Area Identification Signs as permitted in section 30-865.
(4) The Sign Area of Freestanding Signs may be increased 25 percent if the Sign
is constructed as a Monument Sign.
(5) Advertising Signs (billboards), subject to the following:
a. Prohibited within 100 feet of the intersection of the highway right-of-
way and any other right-of-way or driveway.
b. Prohibited within 1,200 feet of another Advertising Sign on the same
side of the right-of-way.
c. Shall be erected with a single pole or monopole structural standard
and shall have underground wiring.
d. The base of any Advertising Sign must be landscaped to prevent
erosion and noxious weeds and must be properly maintained.
e. Shall not exceed 400 square feet in area and 35 feet in height, as
measured perpendicularly from the highest point of the Sign
structure to the nearest road grade.
f. Shall be considered a Principal Use of the property. Existing
Advertising Signs must be removed when the parcel upon which they
are situated is devoted to another Principal Use.
16
g. Shall only be allowed on properties adjacent to the right-of-way for
state highways 10 and 169.
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No. 09-06, § 2, 7-20-2009)
Sec. 30-875. I-2 medium industrial district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area. Wall.Signs are permitted on any Facade that is not directly adjacent
to a residential use or. zone.
(2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum
height of 30 feet. Where a lot has in excess of 300 feet of street frontage, one
additional Freestanding or Monument Sign will be allowed. This Sign shall be
subject to the size and height limitations of the first allowed Freestanding or
Monument Sign and may be placed no closer than 150 feet to any other
Freestanding or Monument Sign on the same premises.
(3) Area Identification Signs as permitted in section 30-865.
(3) The Sign Area of Freestanding Signs may be increased 25 percent if the Sign
is constructed as a Monument Sign.
(4) Advertising Signs (billboards), subject to the following:
a. Prohibited within 100 feet of the intersection of the highway right-of-
way and any other right-of-way or driveway.
b. Prohibited within 1,200 feet of another Advertising Sign on the same
side of the right-of-way.
c. Shall be erected with a single pole or mono-pole structural standard
and shall have underground wiring.
d. The base of any Advertising Sign must be landscaped to prevent
erosion and noxious weeds and must be properly maintained.
e. Shall not exceed 400 square feet in area and 35 feet in height, as
measured perpendicularly from the highest point of the Sign
structure to the nearest road grade.
f. Shall be considered a Principal Use of the property. Existing
Advertising Signs must be removed when the parcel upon which they
are situated is devoted to another Principal Use.
17
g. Shall only be allowed on properties adjacent to the right-of-way for
state highways 10 and 169.
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No. 09-06, § 2, 7-20-2009)
Sec. 30-876. BP business park district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area. Wall Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
(2) One (1) Monument Sign,not to exceed 64 square feet with a maximum
height of eight (8) feet.
(3) Area Identification Signs as permitted in section 30-865.
(c) Changeable Copy Signs as permitted in section 30-864.
(Ord. No. 09-06, § 2, 7-20-2009)
Sec. 30-878. I-3 general industrial district
(a) Temporary Signs as pe nutted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area.Wall Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
(2) One (1) Freestanding Sign not to exceed 150 square feet,with a maximum
height of 30 feet.Where a lot has in excess of 300 feet of street frontage, one
(1) additional Freestanding or Monument Sign will be allowed. This sign shall
be subject to the size and height limitations of the first allowed Freestanding
or Monument Sign and shall be no closer than 150 feet to any other
Freestanding or Monument Sign on the same premises.
(3) Area identification Signs as permitted in section 30-865.
(4) The Sign Area of a Freestanding Sign may be increased 25 percent if the Sign
is constructed as a Monument Sign.
18
(c) Changeable Copy Signs as permitted in section 30-864.
(Ord. No. 13-02, , 1, 3-18-2013)
Sec. 30-877. CRT commercial reserve transitional district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Three (3) Wall Signs,not to exceed 300 square feet per occupancy.
(2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum
height of 30 feet.
(c) Changeable Copy Signs as permitted in Sec. 30-864.
(d) Event sponsor Signs, a Sign subordinate to a Principal Use intended for the display
of information for onsite patrons, shall be allowed provided the following criteria are
met:
(1) An approved Interim Use permit has been obtained for the property;
(2) A sign plan shall be approved by city staff;
(3) Property shall be larger than 20 acres;
(4) Each sign shall not to exceed 32 square feet;
(5) Must be one-sided only;
(6) Shall be setback ten (10) feet from property line, or 25 feet from rights-of-
way,whichever is further.
(7) Shall face away from rights-of-way, or be setback at least 500 feet from the
right-of-way.
(8) Shall not exceed six (6) feet in height;
(9) Shall not be illuminated.
(Ord. No. 09-06, fi: 2, 7-20-2009; Ord. No. 10-10, (§ 1, 7-19-2010)
19
Sec. 30-879. Residential Districts
(a) Temporary Signs as permitted in Sec. 30-851 et seq.
(b) Permanent Signs
(1) One (1) Wall Sign, not to exceed four (4) square feet in area.
(2) One (1) Freestanding Sign not to exceed (4) square feet in area.
(3) Area Identification Signs as permitted in section 30-865.
(c) Changeable Copy Signs as permitted in section 30-864.
(d) For permitted nonresidential uses, such as churches, synagogues, and schools,in
residentially zoned areas, one (1) on-premises Freestanding Sign and one Wall Sign,
not to exceed 96 square feet in total Sign Area.Where a zoning lot has in excess of
1,000 linear feet of combined street frontage, the total Sign Area shall not exceed 192
square feet with no more than 96 square feet per Sign. Freestanding Signage shall not
exceed 20 feet in height.
(e) Any combination of on-premises Freestanding and wall-mounted Real.Estate Signs
for model homes having a combined total Sign Area not to exceed 32 square feet.
Freestanding Signs for model homes shall have a maximum height of five (5) feet.
(f) Rural-Based Businesses shall be allowed up to four (4) off-premises Directional Signs
subject to the following restrictions:
(1) Individual Directional Signs shall not exceed six (6) square feet.
(2) Such Signs shall be located on private property adjacent to an arterial road,
provided that the property owner's permission is obtained in writing.
•
(3) Such Signs shall only contain the name of the Rural-Based Business, and the
direction and distance to the facility.
(4) Except as otherwise provided, all Freestanding Signs in residential zones shall
have a maximum height of eight (8) feet.
(5) Signing for straight-ahead movements shall not be allowed.
Secs. 30-880—30-890. Reserved
20
Definitions:
Façade means the exterior wall of a building exposed to public view or that will be viewed by persons
not within the building.
Multi-Tenant faciliO, means a commercial,industrial, or residential facility with multiple tenants
occupying a single structure
Sign means any device, structure, fixture, or placard using graphics, symbols, and/or written copy
designed specifically for the purpose of advertising or identifying any establishment,product,goods,
or services.
Sign,Abandoned, means a Sign which no longer identifies or advertises a bona fide business,lessor,
service, owner,product, or activity, and/or for which no legal owner can be found.
Sign,Address,means a Sign which identifies the numerical address of the premises on which the Sign
is located.
Sign,Advertising means a Sign structure advertising an establishment,merchandise, service, or
entertainment which is not sold,produced, manufactured, or furnished at the property on which the
Sign is located.
Sign,Alteration of means any change,reconstruction,relocation, or enlargement/reduction of a Sign,
or of any of its component parts. Routine maintenance and the repainting shall not be deemed to be
an alteration.
Sign Area.
(1) The area of any Sign shall be the rectangular area of the largest face,including its border
area. For Signs that are composed of individual letters or symbols, have an irregular shape,
have open spaces or are composed of two or more individual cabinets, the Sign Area shall be
the area of the smallest single rectangular figure that encloses it.
(2) If a freestanding or monument Sign is constructed so that the faces are not back to back,the
angles shall not exceed ten (10) degrees. If the angle is greater than ten (10) degrees, the total
area of both sides added together shall not exceed the maximum allowable Sign area for that
district.
Sign,Area Identification, means a Freestanding or Wall Sign which identifies a specific residential
subdivision development whether single-family or multifamily, or a commercial development or an
industrial park, and which is located on the same premises as the development which it identifies.
Sign,Awning,means a Sign painted on,printed on, or attached flat against the surface of an awning.
Sign, Banner, means a Sign made of fabric or any non-rigid material with no enclosing framework.
Sign,Boulevard, means any stationary self-supported Sign fixed to a base flush to the ground and not
affixed to any other structure.
21
Sign, Cabinet, means a Sign or portion of a Sign constructed to be supported in substantial part by
means of a separate box-like structure,with each segment of the Sign message attached to one or a
group of supports.
Sign, Canopy, means any message or identification which is affixed to a projection or extension of a
building or structure, erected in such a manner as to provide a shelter or cover over the approach to
any entrance of a store,building or place of assembly.
Sign, Changeable Copy, means a Sign or portion thereof with characters,letters or illusions that can be
changed or rearranged mechanically without altering the face of the surface of the Sign.
Sign, Changeable Copy (manual), means a Sign on which copy is changeable manually rather than by
automation.
Sign, (clearance of a)means the smallest vertical distance between the lowest point of any Sign,
including the framework and embellishments, and the grade directly below it.
Sign, Construction, means a temporary Sign erected on the premises on which construction is taking
place, during the period of such construction,indicating the names of the architects, engineers,
landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors,
and similar individuals or firms having a role or interest with respect to the situation or project.
Sign, Digital Changeable Copy, includes,but is not limited to, any flashing,blinking, or animated
display, and any display that incorporates LED lights manipulated through digital input, "digital ink,"
or any other method or technology that allows the Sign face to present a series of images or displays.
Sign, Directional, means a Sign erected on private property for the purpose of directing pedestrian or
vehicular traffic onto or about the property upon which such Sign is located,including Signs
marking entrances and exits, circulation direction,parking areas, and pickup and delivery areas,
which does not display advertising copy.
Sign, Electrical, means a Sign or Sign structure in which electrical wiring, connections, or fixtures are
used.
Sign, Face of means the area of a Sign on which the copy is placed.
Sign,Freestanding, means any Sign not attached to a principal or accessory building.
Sign, Government, means any temporary or permanent Sign erected and maintained by the city, county,
state or federal government for traffic direction or for identification of or direction to any school,
hospital,historical site, or public service,property, or facility.
Sign Height, means the vertical distance measured perpendicularly from the highest point of the Sign
to the grade of the adjacent street or to the surface grade beneath the Sign,whichever is the greater
distance.
Sign, Illegal, means a Sign which has not received a permit to be installed or does not meet the
requirements of this Code and which has not received legal nonconforming status.
22
Sign, Illuminated,means a Sign with an artificial light source incorporated internally or externally for
the purpose of making the Sign message visible at night.
Sign, Incidental, means a small Sign, emblem, or decal informing the public of facilities or services
available on the premises.
Sign,Marquee, means any Sign attached to or supported by a marquee structure.
Sign,Monument, means a Freestanding Sign supported by an internal structural framework covered by
solid structural feature such that the support structure is not visible. The solid structural feature shall
be at least 75 percent of the Sign width.
Sign,Moving means any Sign or device which has any visible moving parts,visible revolving parts, or
visible mechanical movements.
Sign, Painted Fall, means any Sign which is applied with paint or similar substance on the face of a
wall.
Sign, Political, means a temporary sign used in connection with any local, state, or national election or
referendum.
Sign, Portable, means a two-sided Sign that is not permanently affixed to a structure or the ground (i.e.
A-frame or sandwich-board Signs)
Sign, Private Sale or Event,means a temporary sign advertising private sales of personal property such
as house sales,garage sales, and the like or private not-for-profit events such as picnics, carnivals,
bazaars,game nights, art fairs, and craft shows.
Sign, Projecting means a Sign, other than a Wall Sign,which is attached to and projects perpendicular
from a building wall.
Sign, Real Estate, means a Sign advertising the real estate upon which the Sign is located as being for
rent,lease, or sale.
Sign, Roof, means a Sign that is mounted on the roof of a building or which is wholly dependent
upon a building for support and which projects above the roofline of a building with a flat,gambrel,
or hip roof or the deck line of a building with a mansard roof.
Sign, Rotating means a Sign in which the Sign itself or any portion of the Sign moves in a revolving
or similar manner.
Sign, Temporary, means any Sign designed to be movable from one location to another and which is
not permanently attached to the ground and/or structure.
Sign, Wall, means a Sign attached to a building.
Sign, Window, means a Sign posted,painted,placed, or affixed in or on a window exposed to public
view.An interior Sign that faces a window exposed to public view and located within three feet of
the window is considered a window Sign for the purpose of calculating the total area of all Window
Signs.
23
Vision Clearance Triangle, The area of a corner lot bounded by the right-of-way lines and a line
connecting the two points on the property lines 30 feet from the intersection of the property lines.
24
Sec. 30-851. Definitions;
The definitions in section 30 1The definitions in section 30-1 are applicable in this subdivision.
(Code 1982, § 900.22(2))
Cross reference—Definitions generally, 1-2:
Sec. 30-852. Purpose,scope, and seopefindings of subdivision;
(a) Puty5ose. The purpose of this subdivision shall be to coordinate the type, placement,
and physical dimensions of the signaSigns within the different zoning districts, to
recognize the commercial communication requirements of all sectors of the business
community, to encourage the innovative use of design, to promote both renovation
and proper maintenance, to allow for special circumstances, and to guarantee equal.
treatment under the law through accurate recordkeeping and consistent enforcement.
These shall be accompanied by regulation of the display, erection, use, and
maintenance of:iign-sSigns.
(b) Scope. This subdivision shall not relate to building design, nor shall this subdivision
regulate official traffic or government t3ignaSigns; the copy and message of
ttigitsSigns;window displays;product dispensers and point of purchase displays;
scoreboards on athletic fields; flags of any nation,government, or noncommercial
organizations;gravestones; barber poles;religious symbols; commemorative plaques;
the display of street numbers; or any display or construction not defined as a ‘it>=11
in section 30 1Sign in section 30. 1.
(c) Findiqs
The City finds:
.0) Exterior Signs have a substantial impact on the character and quality of the
environment.
_(2) Signs provide an important medium through which individuals may convey a
variety of messages.
(3) Signs can create traffic hazards and aesthetic concerns, thereby threatening
the public health, safety and welfare.
(4) The City's zoning regulations include the regulation of Signs in an effort to
provide adequate means of expression and to promote the economic viability
of the business community,while protecting the City and its citizens from a
proliferation of Signs of a type, size,location, number and character that
would adversely impact upon the aesthetics of the community and threaten
the health, safety and welfare of the community. The regulation of the
physical characteristics of Signs within the City has had a positive impact on
traffic safety and the appearance of the community.
(Code 1982, § 900.22(1))
1
Sec. 30-853. Compliance with applicable regulations:
All ttigitsSigns hereafter erected or maintained shall conform with the provisions of this subdivision
and other ordinances and regulations of the city.
(Code 1982, § 900.22(3))
Sec. 30-854. Nonconforming,Signs
(a) Eligibility for legal nonconf rm ng status. Existing signsSigns which do not conform to the
3pecificcu rent provisions of this subdivision mayshall be eligible for the designation
"legal nonconforming" Signs,provided that
(1) The city administrator, or dct3ignce, cetcrmnincs that such signs arc properly
maintained and do not in any way endanger the public;
(2) The sign the Sign was authorized by a valid permit or variance, or complied with all
applicable laws prior to June 18, 1990,at the time the date of adoption of the
ordinance from which this subdivision is derivcd_Sign was installed.
_(b) Loss of legal nonconforming status. A legal nonconforming signSi,n1 may lose this
designation if the : - -7 . ; - Sign is removed,
abandoned, or its use discontinues for a period of 12 months or more than 50
percent, other than for change of copy or normal maintenance.
(c) Maintenance and repair. A legal nonconforming sSign is subject to all requirements
of this subdivision regarding safety, maintenance, and repair.
(d) Relocation or alteration. The city council may,upon application of a property owner,
permit the alteration or relocation of a legal nonconforming sSign if, after a public
hearing by the planning commission and city council, the council determines that
total compliance with the current sigt3Sign regulations is not reasonable but the
alteration or relocation of the nonconforming sir Signs is in greater conformity
with the existing signSign regulations and is in the best interest of the community.
(e) No expansion. No legal non-conforming Sign shall be expanded or enlarged in any
respect.
(Code 1982, §, 900.22(5); Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-855. Appeals;
Any failure to respond to an application within 11 days of receipt orAppeals from any decision
rendered : - . .. .. ., , 7 , . : •-o , ----. .: nd.er
this subdivision may be appealedmade as provided in subdivision II of division 2 of this article.
(Code 1982, § 900.22(7)(I); Ord. No. 09-06, § 1, 7-20-2009)
2
Sec. 30-856. Notice of violation; order to repair or remove sigftSign
in addition to the remedies authorized in section 30 576, section 30-576, the city may cause the
following action to be taken:
(4-a) When,in the opinion of the city administrator, or designee, a violation of the Code
exists, the city administrator, or designee, shall issue a written order to either the
owner of the signSign or the owner of the property on which the signSign is placed.
The order shall specify those sections of the Code involved, shall describe the
violation and shall direct that the violation be corrected within 30 days from the date
of the order;
((h) If,upon inspection, the city administrator, or designee, finds that a.Sign is
abandoned or is structurally or electrically defective, or in any way endangers the
public, the city administrator, or designee, shall issue a written order to the owner of
the signSign and occupant of the premises stating the nature of the violation and
requiring repair or removal of the signSign within 30 days of the date of the order.
(Code 1982, S 900.22(7)(G); Ord. No. 09-06, §, 1, 7-20-2009)
Sec. 30-857. Authority of city administrator, or designee:
(a) Administrative procedures. The city administrator, or designee, shall process applications
for permits and variances, schedule public hearings as required, and enforce and
carry out all provisions of this subdivision. The city administrator, or designee,is
authorized to promulgate procedures consistent with this function.
(b) Insipections. The building official, city administrator, or designee,is empowered, upon.
presentation of proper credentials, to enter or inspect any building, structure, or
premises in the city for the purpose of inspection of a signSign and its structural and
electrical connections to ensure compliance with all applicable codes and ordinances.
Such inspections shall be carried out during business hours unless an emergency
exists.
(Code 1982, § 900.22(7)(A); Ord. No. 09-06, 5 1, 7-20-2009)
Sec. 30-858. Removal of signs-Signs by city
(a) The city administrator, or designee,may cause the removal of any illegal sign, any
emergency, ora Sign after failure to timely comply with written orders for removal or
repair.:as provided in section 38-856.After removal or demolition of the signSign, a
notice shall be mailed to the sign owner and owner of the property where the
signSign was located stating the nature of the work and the date on which it was
performed and demanding payment of the costs as certified by the city administrator,
or designee, ..: r - ' - eluding costs for inspection and
incidental costs. If the amount specified in the notice is not paid within 30 days after
3
mailing of the notice,it shall become a lien against the property where the signSign
was located and shall be certified as an assessment against the property together with
ten percent interest for collection in the same manner as the real estateReal Estate
taxes.
(b) The owner of the property upon which the sS.ign is located shall be presumed to
be the owner of all signsSigns thereon unless facts to the contrary are brought to the
attention of the city administrator, or designee, as in the case of a leased xSign.
(c) For purposes of removal, a signSign shall be deemed to include all sign
embellishments and structures designed specifically to support the s..igfSign.
(d) In case of emergency, the city administrator, or designee, may cause the immediate
removal of a dangerous or defective sigrnSign without notice. Signs removed in this
manner must present a hazard to the public safety as defined in section 1300.0180 of
the.state building codeState Building Code.
(Code 1982, j 900.22(7)(H); Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-859. Prohibited si s.Signs
The following types of signsSigns are prohibited in all districts:
(4a) Abandoned Signs which no longer identify or advertise a bona fide business,
service, product, or activity or for which no legal owner can be found.
(2) Banners, pennantsb) Pennants, festoons,gnd searchlights (inflatable
balloons/displays). and searchlights;except as a permitted temporary 3pccial event
sign Temporary Signs under subsection 30 866(7 30-86/(b).
(3c) Off-premises sigflsSigns, other than advertising signsAdvertising Signs (billboards).
(4d) Signs imitating or resembling official government signsGovernment Signs or signals.
(mac) Signs attached to trees, utility poles, public benches,or streetlights, or placed on any
public property or public right-of-way;-, except Signs as permitted in section 30-873
(b) (4).
(61) 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.
(7g) Signs suspended beneath a canopy, overhang,roof,or marquee without a minimum
clearance from grade of eight (8) feet in either a vehicular way or in a pedestrian way.
(8h) Any roof signRoof Sign or Sign erected above the roofline of a building.
(91) Any sign Sign placed within 30 feet of any intersectionthe Vision Clearance Triangle
that may obstruct motorist or pedestrian visibility.
4
(103) Rotating, or moving signsMoving Signs.
(441) Unsafe!or dangerous sigFtsSigns as determined by the city administrator, or
designee.
(121) Painted wall.wallsigittsWall.Signs.
(44m) Signs utilizing flashing and/or revolving beacon lights.
(n) Banner Sims, except as a permitted Temporary Signs under subsection 30-867(h) or
permitted Real Estate Signs under subsection 30-860 (b) (5).
(Code 1982, § 900.22(3)-0_(B); Ord. No. 09-06, § 1, 7-20-2009)
State law reference—Signs resembling traffic control devices prohibited,Minn. Stats. e 169.07.
Sec. 30-860. Permit;
(a) Required Unless otherwise provided by this subdivision, the erection, structural
alteration, or relocation of a sSilna. shall require permits and payment of fees as
described in this section. No permit is required for the maintenance of a signSignn.
(b) Exemptions. The following types of signsSigns are exempt from permit requirements
but must otherwise be in conformance with all requirements of this subdivision:
(1) On-premises construction signsConstruction Signs that comply with
subsection 30-866(2 30--867(b).
(2) On-premises .:. .:- .- ;.Signs,including but not limited
to Directional Signs, Informational Signs,Private Sale Signs and
-.Nameplates,having a sign-areaSign Area of four (4) square feet or
less.
(3) Portable A. frame signsSigns in the downtown district.
(4) Political : •- --sig-ftsSigns.
(5) On-premises residential or commercial real estate signsReal.Estate Signs that
comply with subsection 30 866(3 30-867(c).
t6) Window signs, provided they do not cover more than 50 percent of the
window area.
_(c) Application. Application for a permit for the erection, structural alteration,change of
copy or relocation of a signSign shall be made to the city administrator, or designee,
upon a form provided by the city and shall include the following information:
(1) The name and address of the owner of the sgSign.
5
(2) The street address or location of the property on which the s :S.igm is to be
located, along with the name and address of the property owner.
(3) The type of :Sign or sig.tiSign structure as defined in this chapter.
(4) A site plan showing the proposed location of the sSign along with the
locations and square footage areas of all existing siSigns on the same
premises.
(5) Structural details as required.
(6) The building official, at their discretion,may require plans prepared by a
structural engineer to verify structural and wind load requirements.
(d) Fee. All applications for permits filed with the city administrator, or designee, shall be
accompanied by a payment of the initial permit fee for each sigitSign in such amount
as determined by city council resolutionordinance.
(e) Issuance or denial. The city administrator, or designee, shall issue a permit for the
erection, alteration, change of copy or relocation of a sSign within 30 days of
receipt of the completed application and applicable fees,provided that the signSign
complies with all applicable laws and regulations of the city. In all applications,where
a matter of interpretation arises, the more specific definition or higher standard shall
prevail. When a permit is denied by the city administrator, or designee,written notice
shall be provided to the applicant along with a brief statement of the reasons for
denial. The city administrator, or designee,may suspend or revoke an issued permit
for any false statement or misrepresentation of fact in the application.
(f) Refund of fee on denial of permit. If a permit is denied, the permit fee shall be refunded to
the applicant.
(g) Refund of fee on abandonment of permit. If no inspections have been made and no work
authorized by the permit has been performed, 50 percent of the permit fee may be
refunded to the applicant upon request,provided that the permit is returned to the
city administrator, or designee,within 90 days of issuance.
(h) Expiration. A permit issued by the city administrator, or designee,becomes null and
void if work is not completed within 180 days of issuance. If work authorized by the
permit is suspended or abandoned for 180 days, the permit is thereby suspended,but
may be reinstated with an additional payment of one-half of the original fee.
(i) Failure to obtain permit. If any�ignmSignn is installed or placed on any property prior to
receipt of a permit, the specified permit fee shall be doubled. However,payment of
the doubled fee shall not relieve any person of any other requirement or penalties
prescribed in this subdivisionordinance.
(Code 1982, '§ 900.22(3)(A), (3)(C), (7)(B)—(7)(E); Ord. No. 09-06, '§ 1, 7-20-2009)
6
Sec. 30-861. Inspections:
(a) Any person performing the erection, alteration, or relocating a sSigm. for which a
permit has been issued shall notify the building official upon completion of the
work. The building official may require a final inspection,including an electrical
inspection and inspection of footings on freestanding signaFreestanding Signs.
(b) The building official may require in writing, upon issuance of a permit,that he be
notified for inspection prior to the installation of certain s gi sSigns.
(Code 1982, , 900.22(7)(F); Ord. No. 09-06, l 1, 7-20-2009)
Sec. 30-862. Maintenance:
All sSign.s shall be properly maintained,including the ground around the sign. Exposed surfaces
shall be clean and painted if paint is requ.ircd.Sign. Defective parts shall be replaced.on
e }s.Signs. The building official shall have the right under sections 30 856 and 30-.858 30-
856 and 30-858 to order the repair or removal of any cignSign which is defective, damaged, or
substantially deteriorated.
(Code 1982, .§ 900.22(3){L(D); Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-863. Illumination:
Unless otherwise specified by this subdivision, all ssSigns may he illuminated.
(Code 1982, § 900.22(3) E))
Sec. 30-864. Changeable copy.Copy Signs
(a) Unless otherwise specified by this subdivision,a changeable copy sign or animated
.:ig ianv Changeable Copy Sign larger than 30 square feet;will require a conditional
: Conditional Use
Permit.
(b) Changeable Copy Signs may only display advertising information for on-site
businesses,public service announcements, or non-commercial copy.
4--,(c) Motor Vehicle Service Stations. Signs for Motor Vehicle Service Stations shall be
regulated by the provisions for the zoning district in which the facility is located,
except that within a Freestanding Sign, an area not to exceed 16 square feet shall be
allowed for continuous display (no flashing, scrolling or other animation) of digital or
non-digital Changeable Copy identifying current fuel prices,in accordance with
Minnesota state statutes section. 239.751.
7
(d) Time and Temperature„S'igns. Within all commercial and industrial zoning districts, an
area not to exceed 16 square feet within a Freestanding or Wall Sign shall be allowed
for display of an electronic time and temperature Sign subject to the Sign provisions
for the zoning district in which the Sign is located.
(e) Digital Changeable Copy Signs
(1) In addition to subsections (a) and (b), the display must be static, and the
transition from one static display to another must be no more than two (2)
seconds. The images and messages displayed must be complete in
themselves and without continuation In content to the next image, message,
or any other Sign.
(2) May not change more often than once every eight (8) seconds.
(3) Digital displays must be equipped with automatic dimming technology or
other mechanisms that automatically adjust the Signs illumination level based
on ambient light conditions.
(4) No Sign may he of such intensity or brilliance as to impair the vision of a
motor vehicle driver with average eyesight or to otherwise interfere with the
driver's operation of a motor vehicle.
(5) The display must be designed and equipped to freeze the device in one
position if a malfunction occurs. The display must also be equipped with a
means to immediately discontinue the display if it malfunctions, and the Sign
owner must immediately stop a digital display when notified by the city that it
is not complying with the standards of this ordinance.
_(Code 1982, 900.22(3)-0_4F); Ord. No. 07-10, § 1, 7-16-2007)
Sec. 30-865. Area Identification Signs
Area Identification Signs are intended to provide additional navigation and identification
opportunities for residential, commercial, and industrial developments meeting the following criteria.
(a) Area Identification signs shall be Monument Signs in desi.m., and are permitted as
follows:
(1) Residential subdivisions of at least 20 acres
a. Shall not exceed 16 square feet in area and eight (8) feet in height.
b. One (1) Sign permitted at each entrance from an arterial or collector
roadway.
(2) Condominium or apartment complex of at least 12 units
a. Shall not exceed 16 square feet in area and eight (8) feet in height.
8
b. One (1) Sign permitted at each entrance from an arterial or collector
roadway.
(3) Commercial or industrial complex
a. Must consist of three (3) or more platted lots, and as a planned unit
development.
b. One (1) Sign not to exceed 80 square feet in area
c. Maximum height as follows:
Max ZONING DISTRICT
Height C_1 C-2 CC=3 CC=4 1=1 I2 I=3 BP
7 ft - X - _ - - k.
10 ft - - -k - - -
20ft X - - _ X X X _
30 ft: - - _ - _ - -
(b) Shall identify an area or complex, not individual businesses.
(c) Area Identification Signs must be located on the same premises as the Development
which it identifies, as required by the development agreement, or as part of a CUP.
Sec. 30-866. Indemnification of city:
All persons involved in the erection, alteration, change of copy or relocation of shnsSigns near or
upon any public right-of-way or public property which requires the use of public property shall, as a
condition of the use of such public property for si Sign work, agree to hold harmless and
indemnify the city and its officers, agents, and employees against any and all claims of negligence
resulting from such work insofar as this subdivision has not specifically directed the placement of a
s Sign.
(Code 1982, § 900.22(3)(G); Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-8366867. District regulations;
The following sig nsSigns are allowed in all districts:
(4a) All signsSigns not requiring permits as set forth in subsection 30 860(30-860(b).
-(2) (b) Construction Signs. One (1) on-premises,nonillu.minated. construction sign
non-illuminated Construction Sign not to exceed 64 square feet in aign area or Sign
Area and 15 feet in height. SignSigns may be erected 30 days prior to the beginning
of construction,and shnxl•.lmust be removed ten (10) days following issuance of a
certificate of occupancy. Such signs shall not be illuminated.
(3) (c) Real Estate Sign. One (1) on-premises,nonilluminated real estate signnon.-
illuminated.Real Estate Sign per lot or premises not to exceed six (6) square feet in
9
sign area for Sign Area and six (6) feet in height for residential lots, and one (1) on-
premises nonilluminated real estate signnon-illuminated.Real Estate Sign per lot or
premises not to exceed 64 square feet in sign area orSign Area and 15 feet in height
for commercial lots. Such a signSign must be removed ten (10) days following
closing,rental, or lease.
(1) (d) Nameplate. One (1) on-prcmi.sepremises attached nameplate per occupancy,
not to exceed four (4) square feet in sign arcaSign Area.
( e) Political silma.Sign.c. As permitted by State Statute 2118.045. Political signsSigns are
permitted in all zones. Such signs shall be consistent with state statutes. Political
signsSigns may be placed only on private property and only with the permission of
the property owner. Such signsSigns shall not be illuminated.
(6) .f Directional Signs. On-premises directional/informational.signsDirectional
Signs shall not to exceed four (4) square feet per sign in si Sign Area. Logos and
advertisements are not permitted on Directional Signs.
(g) ll indow Signs. Provided they do not cover more than 50 percent of an individual
window area.
(7) (1) Vacant commercial spaces may 100°,0 of a window,provided
no advertising message is displayed.
(h) Temporary Signs. One (1) on-premises temporary or portable sign per premises
femporary Sign per property}may be installed, as allowed by the city administrator
or their designee. Temporary or portable signsSigns are also subject to the following:
ft:(1) Signs may not be displayed for more than a total of 90 days per calendar year,
per property. A single permit shall not exceed 30 consecutive days.
b (2) Signs may not be displayed without a permit. - - . .-
the sign and be visible. Each permit must indicate the number of days and
the dates the signSign is to be displayed. A fee and deposit at a level
established by ordinance adopted by the Elk River City Council is required.
deposit shall be forfeited if the Sign is placed on an unapproved surface
and/or was erected past the date removed, as indicated on the permit, iiti
receipt of a written request to do so.
e-(3) Maximum sign sizeSign Area shall be limited to 4856 square feet and Signs
shall not exceed nine (9) feet in height. Lettering shall not extend beyond the
edges of the Sign.
th4tu Signs must be located on the property of the business and the advertising
message must only relate to business conducted on that premises, except that
nonprofit or charitable organizations as defined by Internal Revenue Code
section 501(C)(3) may have off-premises signsSigns for their fundraising
activities, provided they obtain written permission from the property owner.
Nonprofit organizations shall be limited to three signs(3) Signs per event and
10
the signsSigns shall not exceed the number of days allowed in subsection
Fitt h)(1) of this section. If an event is advertised for more than 30 days, it
shall count toward that property's 90-day limit for temporary
signftgeTemporary Signage.
e. (5) Temporary Signs may not be placed in any right-of-way, and must be
located on an approved surface; not including fire lanes and/or circulation
drive lanes. Approved surfaces include: asphalt, concrete, and class or
crushed concrete compacted to a dust: free surface.
€(6) Only sit3.,ttsSigns for the community events listed in subsection 38-383(6) may
be placed on city property.
g-:(7) For purposes of this section, City of Elk River property leased to other
entities shall not be considered city property.
h-(8) Signs must not be unsafe or dangerous and must be securely anchored.
(8) No more than one permanent area identification sign shall be allowed per
neighborhood, subdivision, or development. However,if the neighborhood,
subdivision, or development has entrances on arterial and/or collector roads, then a
• shall not exceed 16 square feet in sign area and shall not exceed eight feet in height.
The area identification sign shall be placed on the same premise. as the development
which it identifies.
(9) One on premise, permanent identification sign per apartment or condominium
complex, not to exceed 16 square feet in sign area and shall not exceed eight feet in
height.
(10) For permitted nonresidential uses, such as churches, synagogues, and schools,one
on premises freestanding sign and one wall business sign, not to exceed 96 square
feet in total sign arca. Where a zoning lot has in excess of 1,000 linear feet of
no more than 96 square feet per sign. Freestanding sig,nage shall not exceed 20 feet
in height.
_ _ _ _
model homes having a combined total sign area not to exceed 32 square feet.
Freestanding signs for model homes shall have a maximum height of five feet.
subject to the following restrictions:
a. Individual directional signs -shall not exceed six square feet.
11
b. Such signs shall be located on p Tate property which is adjacent to an arterial
.�.r, :- •. . -�. - - _. _ . _ _ _ . .:'i . - fib.
c. Such signs shall only contain the name of the rural-based businesses and the
direction and distance to the facility.
d. Except as otherwise provided, all freestanding signs in residential zones shall
n
c. Signing for straight ahead movements shall not be allowed.
(Code 1982, § 900.22(4)(%x), (4)(B); Ord. No. 00-06, § 1, 3-20-2000;Ord. No. 04-13, ', 1, 8-27-2004;
Ord. No. 06-12, § 2, 10-16-2006; Ord. No. 07-20, § 1, 12-17-2007; Ord. No. 08-14, § 2, 10-20-2008;
Ord. No. 09-06, § 1, 7-20-2009)
Sec. 30-867868. Construction and Location Standards
(a) Compliance with building code. All signsSigns shall be constructed in accordance with the
requirements of the state building code.
(b) Setback,Except as otherwise provided,all freestanding signsl=reestanding Signs shall
have a setback of ten (1.0) feet from any property line to any portion of the 4griSign.
When a property line is located within the street, the setback shall be 25 feet from
the edge of the road.
(c) Anchoring.
(1) Nos Sign shall be suspended so that the 4gia,Sign will swing in athe wind.
(2) All portable signsTemporary and Portable Signs on display shall be braced or
secured to prevent motion.
(d) Wind resistance. All,ignsSigns shall comply with the wind load requirements of the
state building code.
(e) Obstruction of exits. No signSign shall be erected, constructed or maintained so as to
obstruct any fire escape,required exit,window or door opening used as a means of
egress.
{f) Interference with ventilation. No'3ignSic shall be attached in any form, shape, or manner
which will interfere with any opening required for ventilation, except that Signs
may be erected in front of and may cover transom windows when not in violation of
the provisions of the current building or fire code.
(g) Clearance from electrical equipment. Signs shall be located in such a way as to maintain
horizontal and vertical clearance of all overhead electrical conductors in accordance
with present electrical code specifications.
12
(h) Lighting: Lighting shall be directed away from road rights-of-way and adjacent
dwellings.
(i) Suh.ctitntian. The owner of any Sign which is otherwise allowed by this ordinance may
substitute non-commercial copy in lieu of any other commercial or non-commercial
copy. This substitution of copy may be made without any additional approval or
permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech, or favoring of any particular non--
commercial message over any other non-commercial message. This provision
prevails over any more specific provision to the contrary.
(Code 1982, , 900.22(6);Ord: No. 09-06, 1, 7-20-2009)
Sec. 30- '.•869. C-1 central business district
(a) Temporary sSigns as permitted in section 30 851 section 30-851 et seq.
(b) Permanent signs.Signs.
(1) One permancnrl'otal Wall Sign area
- -- . not to exceed 10°) of Facade area. Businesses in
Multi-Tenant Facilities shall be allowed their proportionate share of
permitted Wall.Sign Area. Wall Signs are permitted on any Facade that is not
directly adjacent to a residential use or zone.
(2, One (1) Freestanding Sign, not to exceed 64 square feet with a maximum
height of 20 feet. The arca identification sign shall be located on the same
premises as the development it identifies.
(2) ()tic freestanding sign, not to exceed 64 square feet in Sign Area with a
maximum height of 20 feet.
(3) The sign area of area identification signs and freestanding signsArea
identification Signs as permitted in section 30-865.
(4) The Sign Area of Freestanding Signs may be increased by 25 percent if the
signSign is constructed as a monument sign.Monument Sign.
(5) One (1) :s k h in
. ir,n.: cr. an ss . _. xim._ :.of 2 i , h, Me : . s
at e...allowed.._tc..r_.haie....a._rne s age_.on_..o.ne..si_de_..onij-...and ay no.t..contai.n__an
a.dliertising..n.essal e.
1{4) Two wall signs, not to6) Canopy Signs on Motor Vehicle Service
Stations
a_ In addition to Wall Signs,Motor Vehicle Service Stations shall be
allowed two (2) Canopy Signs.
13
b. The total area of each Canopy Sign shall not exceed 32 square feet.
(c) Changeable Copy Signs as permitted in section 30-864
.(Ord. No. 09-06,12._7-20-2009)
S_ec....3.0.A.7. .._.C-2_affice...district6,1 total
(a) Temporary Signs as permitted in section 30-851 et sec]b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area.Wall Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
(2) One (1) Monument Sign,not to exceed 40 square feet per occupancyin Sign
Area with a maximum height of seven (7) feet.
(3) Area Identification Signs as permitted in section 30-865
(c) Changeable Copy Signs as permitted in section 30-864
(041. No. 09-06 2_, 7:20-20(n
Sec. 30-871. C-3_llighwqysgminerci41 district
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area. Wall.Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
•
(2) One (1) Freestanding Sign, not to exceed 150 square feet with a maximum
height of 30 feet. One Freestanding Sign may be permitted for every 300 feet
of street frontage measured along,_.a single street. The frontage shall only
include the property in which the Principal Use is located on,which the Sign
is advertising. The additional Sign(s) shall be subject to the size and height
limitations of the first allowed Freestanding or Monument Sign and may be
placed no closer than 150 feet to any other Freestanding or Monument Sign.
(3) Area Identification Signs as permitted in section 30-865.
14
(4) The Sign Area of Freestanding Signs may be increased 25 percent if the Sign
is constructed as a Monument Sign.
(5) One (1) on-premises menu board per drive-up or walk-up lane of a drive-in
restaurant or carwash up to a maximum of 32 square feet each. Menu boards
are allowed to have a message on one side only and may not contain an
advertising message.
See=30-8-69r-f6) Canopy Signs on Motor Vehicle Service Stations
a. In addition to Wail Signs, Motor Vehicle Service Stations shall be
allowed two (2) Canopy Signs.
G91=offie&elistriet
(a) Temporary signs as permitted in section 30 851 et seq.
b
(1) One permanent. The total area identification sign per neighborhood,
subdh-iaion, or development,of each Canopy Sign shall not to exceed 61
square feet with a maximum height of seven feet. The area identification sign
shall be located on the same premise:; af the development it identifies-,
(2) One freestanding sign, not to exceed 32 square feet with a maximum
height of seven feet.
0) The sign area of area identification signs and freestanding signs may be
(b) Permanent signs.
(1) One permanent area identification sign per neighborhood, subdivision, or
development, not to exceed 64 squate feet with a maximum height of 30 feet.
development it identifies.
(2) One freestanding sign, not to exceed 150 square feet with a maximum height
of 30 feet. One freestanding sign may be permitted for every 300 feet of
15
the property in which the principal use is located on which the signn is
advertising. The additional signs) shall be subject to the size and height
limitations of the first allowed freestanding or monument sign and may be
placed no closer than 150 feet-to any other freestanding or monument sign.
(3) The sign arca of area identification signs and freestanding-signs may be
increased 25 percent if the sign is constructed as a monument sign.
(4) Two wall signs, not to exceed 200 total square feet per occupancy.
e) Advertising sigSigns (billboards):), subject to the following:
-1-)a. Prohibited within 100 feet of the intersection of the highway right-of-
way and any other right-of-way or driveway.
{-2)b. Prohibited within 1,200 feet of another advertising signAdvertising
Sign on the same side of the right-of-way.
(3)c. Shall be erected with a single pole or mono-pole structural standard
and shall have underground wiring.
The base of any advertising signAdvertising S <,n must be landscaped
to prevent erosion and noxious weeds and must be properly
maintained.
e.. Shall not exceed 400 square feet in area nor 25and 35 feet in height,
as measured perpendicularly from the height of the highest point of
the sign-Sign structure to the nearest road grade level directly below
increasing sign height..
-(6)f. Shall be considered a principal usePrincipal Use of the property.
Existing advertising signsAdvertising Signs must be removed when
the parcel upon which they are situated is devoted to another
principal uscPrincipal Use.
-
compliance of said structure with the provisions of this section and other
council by resolution from time to time.
16
Shall only be allowed in C 3 zoned propertonn properties adjacent to
rightsth.e right-of-way for state highway number..:h.i.ghways 10 and
169.
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No. 09-06, § 2, 7-20-2009)
Sec. 30-8872. C-4 community commercial district;
(a) Temporary sigitsSigns as peiinitted in section 30 851 section 30-851 et seq.
(b) Permanent sigrsSigns.
(1) One permancntTotal Wall Sign area identification sign per neighborhood,
subdivision, or development, not to exceed 64 square feet with a maximum
height]0°,/, of ten feet. "l:heFacade area identification sign. Businesses in.
Multi-Tenant Facilities shall be locatedallowed their proportionate share of
permitted Wall Sign area. Wall Signs are permitted on the same.premises as
the development it idcntifiesany Facade that is not directly adjacent to a
residential use or zone.
(2) One freestanding sign(1) Monument Sign, not to exceed 4-G0125 square feet.
The maximum height shall be ten (10) feet along collector streets, and the
maximum height shall be 20 feet along arterial streets.
(3) The sign area of area identification signs and freestanding signs may be
U. : ; ,
(5) Two wall signs, not to exceed 200 total square feet per occupancy.
(3) Area Identification Signs as permitted in section 30-865.
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No. 09-06, lC 2, 7-20-2009)
Sec. 30-872873. DD downtown district;
(a) Temporary , gnsSigns as permitted in section 30 851 section 30-851 et seq.
(b) Permanent signsSigns. 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.
17
(1) Prohibited signs: back lit signs (excluding individual letters), molded plastic
cabinet signs, smooth/flat plastic signs and signs with strobe lights, flashing
elements or distracting actions.
(2) One,xall mounted'sign and one projecting sign(1) Wall Sign shall be allowed
on each primary facadeFacade and on one secondary facade,which does not
extend above the roofline of an adjoining building.
{3) A total of onc Facade. One (1) square foot of wall mounted sig,nageWall Sign
per one (1) linear foot of unit width, not to exceed 32 square feet Unit Width
shall be allowed;
-, and shall not - . - project out
more than eight (8) inches from facade.,
Wall -7 Pa" " , ,7 Signs shall not extend above the roofline of an
adjoining building or be higher than the bottom of the stringcourse.
-(6) Projecting sign(,) shall not exceed six (2) One (1) Monument Sign is
permitted for each Multi-Tenant Facility. Signs shall not exceed ten (10) feet
in height and 40 square feet in Sign Area, and must be set back 15 feet from
the property line.
(3) One (1) Projecting Sign shall be allowed on each primary Facade, provided
that:
a. The Sign does not exceed six (6) square feet in area, shall not project
perpendicularly more than four (4) feet from facadeFacade and shall
not be thicker than six (6) inches.
The Projecting Sign projects
out perpendicular from facadeFacade.
Projecting signSign and structural elements sitaldare not be lower than
eight{(8) feet} from the sidewalk,nor shall be higher than the bottom
of the sill of the second floor windows.
{9) Signage shall be constructed of metal, wood, stone,plastic (with three-
dimensional reliefs) and/or cloth.
f170-)d. The brackets and structure for projecting signsProjecting Signs shall
be ornamentally designed.
allowed.
(12) Monument signs shall not-be allowed. Existing monument signs erected prior
to the date of the adoption of this section can be rebuilt to the same size in
the same location.
18
-(13) Aside from a date and name stone not exceeding three square feet., no
signage shall bc placed within the parapet panel area.
01-) Window signs and temporary on site signs attached to or painted on a
(15) (4) One (1) Portable ign3 shall be limited to unlit A frame signs with a
maximum height.of three feet and a total area of six square feet Sign is
permitted per'3id.c. Such signspublic entrance, and only one (1) Sign may be
displayed per Facade.
a. Two-sid.ed Portable Signs (sandwich boards) may not exceed five (5)
feet in height, and six (6) square feet in area. Such Signs are only
permitted during business hours, must be located in front of the
business it identifies, and shall not obstruct pedestrian traffic nor
impede vehicular traffic.
b. Portable Signs (sandwich boards) shall be set back a minimum of two
(2) feet from the back of curb of parkingareas,public streets, or
private drive aisles.
(5) With the exception of individual letters and Changeable Copy Signs, only
externally illuminated Signs are allowed.
(6) Aside from a date and name stone not exceeding three (3) square feet, no
signage shall be placed within the parapet panel area.
(c) Changeable Copy Signs as permitted in section 30-864
(d) Prohibited Signs: Back-lit Signs (excluding individual letters),molded plastic Cabinet
Signs, smooth/flat plastic Signs and Signs with. strobe lights, flashing elements or
distracting actions.
(Ord. No 09-06, (S 2, 7-20-2009)
(16) Only one portable sign may be di‘i-played directly in front of a business at any
business and be visible from the street.
. T
Sec. 30-Se -8-73874. I-1 light industrial district
(a) Temporary sigilsSigns as permitted in section 30 851 section 30-851 et seq.
03) Permanent tiigriSigns.
19
(1) One permanentTotal Wall Sign area identification sign per neighborhood,
subdivision, or development, not to exceed 64 3quare feet with a maximum
height]0°,/o of 20 feet. The Facade area identification sign. Businesses in
Multi-Tenant Facilities shall be locatcdallowed their proportionate share of
permitted Wall Sign area. Wall Signs are permitted on - - :
the development it identifiesany Facade that is not directly adjacent to a
residential use or zone.
(2) One freestanding sign(1) Freestanding Sign, not to exceed 150 square feet
with a maximum height of 30 feet. Where a lot has in excess of 300 feet of
street frontage, one additional Freestanding or Monument Sign will be
allowed. This Sign shall be subject to the size and height limitations of the
first allowed Freestanding or Monument Sign and may be placed no closer
than 150 feet to any other Freestanding or Monument Sign on the same
premises.
(3) Area Identification Signs as permitted in section 30-865.
44112Q.51gri.Aren of Freestandinp Sin may be mcreased 25 percent if the Sign
is constructed as a Monument Sign.
(5) Advertising Signs (billboards), subject to the following:
a. Prohibited within 100 feet of the intersection of the highway right-of-
way and any other right-of-way or driveway.
b. Prohibited within 1,200 feet of another Advertising Sign on the samee,
side of the right-of-way.
c. _ Shalthe_.erectamitingle pale_oxmonopsae.._structutal..5tandard.
andshall,h_amund=erground
d. The base of any Advertising Sign must be landscaped to prevent
erosion and noxious weeds and must be properly maintained.
c. Shall not exceed 400 square feet in area and 35 feet in height, as
measured perpendicularly from the highest point of the Sign
structure to the nearest road grade.
f. Shall be considered a Principal Use of the property. Existing
Advertising Signs must be removed when the parcel upon which they
are situated is devoted to another Principal Use.
g. Shall only be allowed on properties adiacent to the right-of-way for
state highways 10 and 169.
(c) Changeable Copy Signs as permitted in section 30-864
(Ord. No 09-06, 7 7-20-2009)
Sc-30-875. 1-2 medium industrial district
20•
(a) Temporary Signs as permitted in secrion 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in Multi-
Tenant Facilities shall be allowed their proportionate share of permitted Wall
Sign area. Wall Signs are permitted on any Facade that is not directly adjacent
to a residential use or zone.
(2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum
height of 30 feet. Where a lot has in excess of 300 feet of street frontage, one
additional frees-tafrelifigFreestanding or monument signMonument Sign will
be allowed. This sigliSign shall be subject to the size and height limitations of
the first allowed frec.standinereestanding or monument signMonument Sign
and may be placed no closer than 150 feet to any other
-• 1Freestanding or monument -ignMonument Sign on the same
premises.
(3) Area Identification Signs as permitted in section 30-865.
(3) The sign areaSign Area of area identification signs and freestanding
sigftsFreestanding Signs may be increased 25 percent if the signSign is
constructed as a monument sig,n.Monument Sign.
(4) One wall sign, not to exceed 120 square feet per occupancy.
(e) Advertising signsSigns (billboards)7), subject to the following:.
fl-h. Prohibited within 100 feet of the intersection of the highway right-of-
way and any other right-of-way or driveway.
2-j13. Prohibited within 1,200 feet of another advertising sigaAdvertising
Sign on the same side of the right-of-way.
(4) The base of any advertising sign must be landscaped to prevent erosion and
noxious weeds and must be properly maintained.
(5) Shall not exceed 100 square feet in area nor 25 feet in height as measured
perpendicularly from the height of the highest point of the sign structure to
the grade level s'-ectly below the sign. The existing grade may not be altered
. • - - • -
(6) Shall be considered a principal 118C of the property. Existing advertising signs
must be removed when the parcel upon which the are situated is devoted to
another principal use.
21
(7) The city shall perform a yearly inspection of the advertising devices to ensure
compliance of said advertising structure with the provisions of this section
and other provisions of this article. The fee for said inspection shall be set by
the city council by resolution from time to time.
numbers 10 and 169.
T "7
(a) Temporary signs as permitted in section 344 851 et seq.
(b) Permanent signs.
. _ .
• . " -
development, not to exceed 64 square feet with a maximum height of 20 feet.
development it identifies.
(2) One freestanding sign, not to ex-ceed 150 square feet with a maximum height
additional freestanding or nionument be allowed. This sign shall be
subject to the size and height limitations of the first allowed freestanding or
monument sign and may be placed no closer than 150 feet to any other
freestanding or monument sign on the same premise.
(3) The sign area of area identification signs and freestanding signs may be
(4) One wall sign,not to exceed 120 square feet per occupancy.
(c) Advertising-signs (billboards).
and any other right of way or driveway.
the right of way.
Shall be erected with a single pole or mono-pole structural standard
and shall have underground wiring.
4)d. The base of any advertising signAdvertising Sign must be landscaped
to prevent erosion and noxious weeds and must be properly
maintained.
22
Shall not exceed 400 square feet in area nor 25and 35 feet in height,
as measured perpendicularly from the height of the highest point of
the signSign structure to the nearest road grade level directly below
the sign. The existing grade may not be altered for the purpose of
increasing sign height.
{..6).f. Shall be considered a principal use Principal Use of the property.
Existing advertising signsAdvertisthg Signs must be removed when
the parcel upon which they are situated is devoted to another
principal uscPrincipal Use.
(7) The city shall perform a yearly inspection of the advertising devices to ensure
compliance of said advertising structure with the provisions of this section
and other provisions of this article. The fee for said inspection shall be set by
the city council by resolution from time to time.
-(8)-g_-. Shall only be allowed in 2 zoned propertyon properties adjacent to
the right-of-way for state highway numberahighways 10 and 169.
7 It
(c) Changeable Copy Signs as permitted in section Egt. 30-864
(Ord No. 09-06, c.2,..1:2 0-200)).
875Sec. 30-876. BP business park district7
(a) Temporary signaSigns as permitted in section 30 851 section 30-851 et seq.
(13) Permanent*ftsSigns.
(1) (1) Total Wall Sign area not to exceed 10% of Facade area. Businesses in
Multi-Tenant Facilities shall be allowed their proportionate share of
permitted Wall Sign area. Wall Signs are permitted on any Facade that is not
directly adjacent to a residential use or zone.
(2) One freestanding sign41) Monument Sign, not to exceed 64 square feet with
a maximum height of eight (8) feet.
(2) All freestanding signagc shall be a monument sign.
(3) Area Identification Signs as permitted in section 30-865.
(c) Changeable Copy Signs as permitted in section 30-864.
(Ord. No. 09-06, 2, 7-20-2009)
Sec. 30-878. 1-3 general industrial districtOnc wall sign,
23
(a) Temporary Signs as permitted in section 30-851 et seq.
(b) Permanent Signs.
(1) Total Wall Sign area not to exceed 12010% of Facade area. Businesses in
Multi-Tenant Facilities shall be allowed their proportionate share of
permitted Wall.Sign area. Wall Signs are permitted on any Facade that is not
directly adjacent to a residential use or. zone.,
(2) One (1) Freestanding Sign not to exceed 150 square feet per occupancy,with
a maximum height of 30 feet. Where a lot has in excess of 300 feet of street
frontage, one (1) additional Freestanding or Monument Sign will be allowed.
This sign shall be subject to the size and height limitations of the first
allowed Freestanding or Monument Sign and shall be no closer than 150 feet
to any other Freestanding or Monument Sign on the same premises.
(3) Area Identification Signs as permitted in section 30-865.
(4) The Sign Area of a Freestanding_Sign may be increased 25 percent if the Sign
is constructed as a Monument Sign.
(c) Changeable Copy Signs as permitted in section 30-864.
.7_2 0_1...3)l 3)
Sec. 30- 877. CRT commercial reserve transitional district.
(a) Temporary,84gitsSigns as permitted in section 30 851 section 30-851 et seq.
(b) Permanent signsSigns.
(1) (1) Three (3) Wall Signs,not to exceed 300 square feet per occupancy.
(2) One -- c. -(1) Freestanding Sign, not to exceed 150 square feet
with a maximum height of 30 feet.
(2) 'Three wall signs, not to exceed 300 square feet per occupancy.
fc) (c) Changeable Copy Signs as permitted in Sec. 30-864.
(d) Event sponsor ssSigns, a signSign subordinate to a principal usePrincipal Use
intended for the display of information for onsite patrons, shall be allowed if they
m etprovided the following criteria are met:
(1) An approved interim uselntcrim Use permit has been obtained for the
property;
24
(2) A sign plan shall be approved by city staff;
(3) Property shall be larger than 20 acres;
(4) Ntyt-Each sign shall not to exceed 32 square feet;
Must be one-sided only;
(6) Shall be setback ten (10) feet from property line;
(7) Shall be setback or 25 feet from rights-of-way;,whichever is further.
(87) Shall face away from rights-of-way;, or be setback at least 500 feet from the
right-of-way.
(98) Shall not exceed six f6) feet in height;
(1449) Shall not be illuminated.
(Ord. No,09-_-Q6 2 7-20-2009_;_Ord. No. 10-10. 1_,7-19:2010)
7_
Sec. 30-8-7-7-A79. Residential Districts - ■ 7
(a) Temporary 4gitsSigns as permitted in section 30 851 Sec. 30-851 et seq.
(b) Permanent signs.Sigris
development, not to exceed 64 square feet with a maximum height of 20 feet.
The area identification sign shall be located on the same premises as the
development it identifies.
(1) One (1) Wall Sign,not to exceed four (4) square feet in area.
(2) One freestanding sign(1) Freestanding Sign not to exceed 4-50(4) square feet;
;-. - - - - - in area.
(3, Area Identification Signs as permitted in section 30 feet. Where a -865.
(c) Changeable Copy Signs as permitted in section 30-864.
25
(d) For permitted nonresidential uses, such as churches, synagogues, and schools,in
residentially zoned areas, one (1) on-premises Freestanding Sign and one Wall Sign,
not to exceed 96 square feet in total Sign Area. Where a zoning lot has in excess of
30(11,000 linear feet of combined street frontage, z a : -- -
monument sign will be allowed. This signthe total Sign Area shall be subject to the
size and height limitations of the first allowed freestanding or monument sign and
shall be not exceed 192 square feet with no elersermore than 150 feet to any other
freestanding or monument sign on the same prcrniscs96 square feet per Sign.
Freestanding Signage shall not exceed 20 feet in height.
(3) The 3ign area(e) Any combination of an area identification sign or a
freestanding sign may be increased 25 percent if the sign is constructed as a
monument sign.
('1) Oneon-premises Freestanding and wall sign,-mounted Real Estate Signs for model
homes having a combined total Sign Area not to exceed 4-24432 square feet-per
occupancy. Freestanding Signs for model homes shall have a maximum height of
five (5) feet.
A'•
(f) Rural-Based Businesses shall he allowed up to four (4) off-premises Directional Signs
subject to the following restrictions:
(1) Individual Directional Signs shall not exceed six (6) square feet.
(2) Such.Signs shall be located on private property adjacent to an arterial road,
provided that the property owner's permission is obtained in writing.
(3) Such Signs shall only contain the name of the Rural-Based Business, and the
direction and distance to the facility.
Exec_t as otherwise novided all Freestandinq Si'-n in residential zones shall
have a maximum height of eight (8) feet.
(5) Signing for straight-ahead movements shall not be allowed.
Secs. 30-87S-880—30-890. Reserved:
26
Definitions:
Facade means the exterior wall of a building exposed to public view or that will be viewed by persons
not within the building.
.Multi-Tenant facility, means a commercial, industrial, or residential facility with multiple tenants
occupying a single structure
Sfun s n s K l e .:l_'; •r • o.S ,n r n
si nne i s.._,cific:.. f r . .ir f > r 5;. .? r i ; ; n�, s ;, ) > ,C
Sian,
Abandoned-sir.,means a sign, Sion which no longer identifies or advertises a bona fide business,
lessor, service, owner,product, or activity, and/or for which no legal owner can be found.
Sian.Address sign,means a fTigriSign which identifies the numerical address of the premises on which
the sigtiSign is located.
Sign,Advertisingst'Sw,means a si tiSign structure advertising an establishment,merchandise, service,
or entertainment which is not sold, produced, manufactured, or furnished at the property on which
the sg-iSign is located.
Animated sign means a sign which contains rotating, flashing, or intermittent lights, animation, or
exhibits noticeable changes in color, intensity, texture, shape,pattern, or light intensity. Any sign that
flashes on or off,winks or blinks with varying light intensity.
Area identification sign means a freestanding or wall signSign,,.Iteration of, means any change,
reconstruction. relocation, or enlargement/reduction of a Sign, or of any of its component parts.
Routim ainte ance..:ancl.::the.....rtzp t t,zag..:sh_a11 not f deemQd tal e_ a..a1t_ent osi
Sign A7ea.
(1) The area of any Sign shall be the rectangular area of the largest face, including its border.
area. For Signs that are composed of individual letters or symbols,have an irregular shape,
have open spaces or are composed of two or more individual cabinets, the Sign Area shall be
the area of the smallest single rectangular figure that encloses it..
(2) If a freestanding or monument Sign is constructed so that the faces are not back to back, the
an_,les shall not exceed ten 10, de9-rees. If the angle is eater than ten 10 degrees the total
area of both sides added together shall not exceed the maximum allowable Sign area for that
district.
Sign,Area Identification, means a Freestanding or Wall Sign which identifies a specific residential
subdivision development whether single-family or multifamily, or a commercial development or an
industrial park, and which is located on the same premises as the development which it identifies.
Sign.Awning-ign,means a sigftSign painted on, printed on, or attached flat against the surface of an
awning.
27
Sign, Banner=-fir,means a tlignSign made of fabric or any nonrigidnon-rigid material with no
enclosing framework.
Sign, Boulevard-sirs means any stationary self-supported signSign fixed to a base flush to the ground
and not affixed to any other structure.
it is located.
Sign, Cabinet sign,means a sigriSign or portion of a signSign constructed to be supported in
substantial part by means of a separate box-like structure,with each segment of the signSign
message attached to one or a group of supports.
Sign, Canopy.ry: s,means any message or identification which is affixed to a projection or extension of
a building or structure, erected in such a manner as to provide a shelter or cover over the approach
to any entrance of a store,building or place of assembly.
ISign. Changeable copy szgnmcansCopy, means a signSign or portion thereof with characters,letters or
illusions that can be changed or rearranged mechanically without altering the face of the surface of
the sign-.S_ian.
Sign, Changeable copy.rignC py (manual),,means a signSign on which copy is changeable manually rather
than by automation.
Clearance(Sign, (clearance of a-i )means the smallest vertical distance between the grade of the
adjacent street or street curb and the lowest point of any signSign,including the framework and
embellishments,extending over thatand the grade directly below it.
Sign. Construction sign,means a temporary ,siSigm erected on the premises on which construction is
taking place, during the period of such construction,indicating the names of the architects,
engineers,landscape architects, contractors or similar artisans,and the owners, financial supporters,
sponsors, and similar individuals or firms having a role or interest with respect to the situation or
project.
Sign, Digital Changeable Copy, includes,but is not limited to, any flashing,blinking, or animated.
display, and any display that incorporates LED lights manipulated through digital input, "digital ink,"
or any other method or technology that allows the Sign face to present a series of images or displays.
Sign, Directional 4r,means a oigrnSign erected on private property for the purpose of directing
pedestrian or vehicular traffic onto or about the property upon which such sigfSign is located,
including signsSign.s marking entrances and exits, circulation direction,parking areas, and pickup and
delivery areas,which does not display advertising copy.
Sign,Electrical s- 1 means a signSion or si Signn structure in which electrical wining, connections, or
fixtures are used.
Sign, Face of sign,means the area of a signSign on which the copy is placed.
Sign, Freestanding. means any Sign not attached to a principal or accessory building.
28
Sign, Government-.,means any temporary or permanent signSign erected and maintained by the city,
county, state or federal government for traffic direction or for identification of or direction to any
school, hospital, historical site, or public service,property, or facility.
Sign Height(of a sign),means the vertical distance measured perpendicularly from the highest point of
the sigiiSign to the grade of the adjacent street or to the surface grade beneath the sigftSin,
whichever is the greater distance.
Identification sign means a sign whose copy is limited to the name and address of a building,
institution, or person and/or to the activity or occupation being identified.
Jilco ii c gs�means a sign.Sign, Ill'saal., means a Sign which has not received a permit to be installed or
does not meet the requirements of this Code and which has not received legal nonconforming
status.
Sign, Illuminated ,means a sigftS4,m.with an artificial light source incorporated internally or
externally for the purpose of making the _. Sign message visible at night.
.Sign.. Incidental sign,means a small sigtiSign, emblem, or decal informing the public of facilities or
services available on the premises.
Sign,Marquee sign.,means any signSig,n attached to or supported by a marquee structure.
Painted wall signSzen, Alonument, means a Freestanding Sign supported by an internal structural
framework covered by solid structural feature such that the support structure is not visible. The
solid structural feature shall be at least 75 percent of the Sign width.
Sign.Moving, means any sigrSign or device which has any visible moving parts,visible revolving
parts, or visible mechanical movements.
Sign, Painted Wall. means any Sign which is applied with paint or similar substance on the face of a
wall.
Sign. Political- ,means a temporary sign used in connection with any local, state, or national
election or referendum.
Portable sign (see temporary sign).
Sign, Portable, means a two-sided Sign that is not permanently affixed to a structure or the ground (i.e.
A-frame or sandwich-board Signs)
.Sign, Private;galeSale or event sigreB'vent, means a temporary sign advertising private sales of personal
property such as house sales,garage sales,and the like or private not-for-profit events such as
picnics, carnivals,bazaars,game nights, art fairs, and craft shows.
Sign. Projecting means a t;ignSign, other than a wall signWall Sign,which is attached to and
projects perpendicular from a building wall more than six inches.
29
Sign, Real estate sign.E.state, means a tiigftSign advertising the real estate upon which the sigfiSign is
located as being for rent,lease, or sale.
Sign. Roof-sit means a signSign that is mounted on the roof of a building or which is wholly
dependent upon a building for support and which projects above the roofline of a building with a
flat,gambrel,or hip roof or the deck line of a building with a mansard roof.
Sign, Rotating-sign.,means a . Sign in which the 3igiSign itself or any portion of the signSign moves
in a revolving or similar manner.
Sign, f. :Temporary, means any sign not attached to a principal or accc.s.or building.
Sign, nionunzent, means a freestanding sign supported by an internal structural framework covered by
be at least 75 percent of the sign width.
_ _ . -•
visible mechanical movements.
Sgnice:
area of the smallest single rectangular figure that encloses it.
(2) If a freestanding-or monument silnn is cons teted-so that the faces are not back to back., the
both sides added together shall not exceed the nua4muna allowable sign area for that district.
- < ---- designed to be movable from one location to another and which is not
permanently attached to the ground and/or structure.
Sign. Walla ,means a Sion attached to a building. This definition includes individual letter and
cabinet signs, and signs on mansards.
Sign, U7indozv sign=means a sign installed inside. Sign posted,painted,placed, or affixed in or on a
window and in.tendedexposed to be viewed from the outside. Such signs shall not include holiday
messages,murals or merchandisepu.blic view.An interior Sign that faces a window exposed to public
view and located within three feet of the window is - •- . , . - . r w - - -
30
dcaigned spccificallycon.sidered a window Sign for the purpose of
establishment, products,goods, or servicc.calculating the total area of all Window Signs.
Vision Clearance Triangle, The area of a corner lot bounded by the right-of-way lines and a line
connecting the two points on the property lines 30 feet from the intersection of the property lines..
31
Request for Action
River
TO ITEM NUMBER
Planning Commission 5.1
AGENDA SECTION MEETING DATE PREPARED BY
Planning Commission October 8, 2013 Zachary Carlton,Planning Intern
ITEM DESCRIPTION REVIEWED By
Review of Draft Sign Ordinance Chris Leeseberg,Park Planner-Planner
REVIEWED BY
Jeremy Barnhart,Deputy Director,
CODD
Action Requested
Recommend,via motion adoption of the ordinance as drafted. Alternatively,the Planning Commission
may continue action on the item or deny all or part of the proposed changes to the sign ordinance.
Background/Discussion
Late last fall, the Chamber of Commerce approached staff with the goal of reviewing the sign ordinance.
Recognizing several years had passed since a comprehensive sign review, staff supported the request, and
the Council agreed.
With these recommendations, staff has prepared a draft ordinance that adequately balances the needs and
desires of the business community and the community at large.
In general, the draft ordinance attempts to establish a standardized format for each district specific
section and address the readability and clarity of certain sections.
Chamber Recommendations
Wall Sign Area
The recommendation from the Chamber of Commerce is to use a percentage of the wall space as a
limiting factor for sign size. Using a percentage of wall area balances building and sign size, allowing
larger businesses more signage.
Staff agrees with this technique for calculating sign area. The Chamber recommended 15 percent as the
limiting factor. Staff felt that 15 percent was too large, allowing signs that are out of scale with the
building. Staff spent considerable time evaluating the appropriate ratio, attempting to balance the need to
communicate with the community character. Based in this research, staff recommends five percent as the
limiting factor for wall sign area.
Freestanding Signs
The Chamber recommends allowing pylon,monument, or freestanding signs for buildings with multiple
tenants in the downtown district. Additionally, staff met with the downtown business group to discuss
their interest in freestanding signs in the downtown district. The group desires freestanding signs in
downtown to promote businesses and community events. The downtown group has recommended
N:\Departments\Community Development\Planning\Case Files\OA\OA 13-02 Sign Ordinance\SR Review of the Sign Ordinance.docx
regulations similar to the C-1 zoning district, allowing a maximum height of 20 feet and 64 square feet in
area.
The recently completed Mississippi Connections Redevelopment Framework plan for downtown
highlights the need"to develop a comprehensive plan that will redefine the `greater downtown area' to
preserve its historical character while promoting the future viability of the community" Staff does not
recommend amending the ordinance to allow freestanding signs in the downtown district. Staff believes
that signs of this sort would detract from the fragile character of downtown.
Advertising Signs (billboards)
Chamber recommendations include allowing Advertising signs (billboards) in the Commercial Reserve
Transition (CRT) zoning district and removing the language stating the billboards are classified as a
principle use.
Staff met with a local advertising company and discussed the changes they would like to see regarding
billboards in Elk River. Their requests are similar to the Chamber recommendations and emphasize a
desire for additional signage along Highway 169.
Staff does not recommend changing the ordinance to allow additional billboard opportunities. Once in
place, these types of signs are governed by federal law and when development continues in the CRT area,
the presence of billboards may act as a hurdle to proposed uses/development. Billboards function as a
prominent voice in the communication of a certain character, a character not desired in the evolution of
Elk River.
Temporary Signs
The Chamber recommends allowing portable signs (sandwich boards) of up to 25 square feet in retail
areas and limiting them to within 25 feet of a business. Additionally, the recommendations included
removing restrictions on temporary signs while road construction is taking place in front of businesses or
major access roads to businesses.
The ordinance currently allows portable signs,up to six square feet, and in the downtown district only.
Staff is proposing to increase the maximum permitted height from four feet to five feet.Additionally,
staff is recommending an increase in the number of portable signs,in the downtown district, to one per
public entrance. Staff recommends limiting the location of portable signs to the area directly in front of
the respective business.
Digital Signs
The Chamber recommended updating the digital changeable copy section of the sign ordinance.
The draft ordinance includes an expanded section pertaining to digital changeable copy signs. The
additional regulations are derived from the conditions applied to the digital billboard approved earlier this
year and include: requiring static displays,limiting transition times to two seconds,limiting advertisements
to at least eight seconds, automatic dimming to match ambient light, and automatic shutoffs to freeze the
display during malfunctions.
Meeting with Downtown Businesses
N:\Departments\Community Development\Planning\Case Files\OA\OA 13-02 Sign Ordinance\SR Review of the Sign Ordinance.docx
Staff met with representatives from the downtown business group on October 1,2013 to discuss changes
to the sign ordinance. The discussion included:
• Allowing molded plastic cabinet signs in the downtown district as a more cost effective alternative
to currently allowed wall signs.
o Staff believes that allowing plastic cabinet signs in the downtown district would detract
from the unique character of the area.
• Increasing maximum wall sign area from 32 square feet and the maximum height from 24 inches
to 36 inches,accommodating businesses with more street frontage.
o Staff supports exploring this solution.
• Increase the maximum window sign coverage from 50 percent to 80 percent
o Staff feels that 50 percent is appropriate and that the other allowable sign types provide
adequate advertising space.
• Remove language regulating temporary banner type signs in the downtown district (no peuiut and
unlimited time). Temporary signs are currently regulated by section 30-866 and apply to the entire
city.
o Deregulating banner signs would essentially provide another permanent wall sign
opportunity and remove the opportunity for regulation.
• Allow freestanding signs in the downtown district.
o The report addresses this in an earlier section
Financial Impact
N/A
Attachments
• Analysis/recommendations from the Chamber of Commerce
• Letter from Franklin Outdoor Advertising dated September 3, 2013
• Ordinance amendment with tracked changes
• Clean version of ordinance amendment
N:\Departments\Community Development\Planning\Case Files\OA\OA 13-02 Sign Ordinance\SR Review of the Sign Ordinance.docx
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