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7.3. SR 11-18-2013 City of Elk=' Request for Action River TO ITEM NUMBER Mayor and City Council 7.3 AGENDA SECTION MEETING DATE PREPARED BY Public Hearings November 18, 2013 Zachary Carlton, Planning Intern ITEM DESCRIPTION REVIEWED By Review of Draft Sign Ordinance j remy Barnhart,Deputy Director, CODD REVIEWED BY Cal Portner, City Administrator Action Requested Planning Commission recommends approval,via motion of the text as drafted. Staff recommends approval,via motion the text as drafted,with alternative language regarding freestanding signage in the Downtown District. With Council direction, staff will bring back the final and summary ordinance for signature and publication. Background/Discussion Over the past several months,the city has developed revisions to the sign ordinance,in partnership with the Elk River Chamber of Commerce,with goals including clarifying the ordinance,improving readability, and addressing a number of concerns from the business community. As part of this process, the goals of the Downtown Rivers Edge group were identified. Items of interest include: • Billboards (height,location in CRT,and the principle use requirement) • Freestanding signs in the downtown district (allowed, size, and setback), • Wall signage ratios • Electronic changeable copy (review process and size) • Temporary sign (size and permitting) • General sign permitting • Window signage maximums, and • Cabinet signs in the downtown district. After taking public comments on the initial draft on October 8, 2013, the Planning Commission continued action on the item to the October 22, 2013, Planning Commission workshop. During this workshop,a number of recommendations were made to address concerns from the business community. These recommendations are summarized in the attached amendment request summary and incorporated, for the most part,in the draft for review on November 12. At their meeting on November 12, the Planning Commission discussed the two remaining issues, freestanding signage in the downtown and billboards. The Commission recommends no changes to the billboard language, but recommends changing the downtown monument sign regulations to permit the N:\Public Bodies\Agenda Packets\11-18-2013\Fina1\x7.3 sr Sign Ordinance Amendment.docx proposed Granite Shores sign by regulating sign dimensions based on the height and length of the principle structure. The draft regulations applied to Granite Shores would permit a 20-foot tall, 80-square foot sign. Planning Commission,November 12, 2013 Public Hearing During the public hearing,representatives from the Rivers Edge Business Community spoke in support of monument signs in the downtown district,windows signs covering 80% of an individual window area, and increasing wall signage to 15% of facade area. Steve Anderson,representing Franklin Outdoor Advertising, supported advertising signs (billboards) in the CRT and removing the principal use clause regulating their location. He described the need for the business community to have additional advertising opportunities. Debbi Rydberg, representing the Elk River Chamber of Commerce, supported increasing wall signage to 15% of facade area, billboards in the CRT, and larger monument signs in the downtown district. Planning Commission After receiving public comment,the Planning Commission recommended reducing the setback for freestanding signs in the downtown district from 15 to 10 feet, and relating sign size to building size. The language recommended for adoption was included in an email from the Decklan Group,representing Granite Shores (attached),and limits sign size to 20 feet tall and 80 square feet in sign area. The Planning Commission also discussed permitting advertising signs (billboards) in the CRT zoning district and removing the clause stating that billboards are classified as a principal use. A motion was made to amend the ordinance,but failed to receive a second and the motion died. The remainder of the ordinance was recommended for approval without change. Staff Recommendation Staff continues to oppose freestanding/monument signs in the downtown zoning district, and believes these signs would detract from the unique character and pedestrian scale of the area. The recommended ordinance not only permits monument signs at the Granite Shores building, but potentially 10 other locations with varying sizes. Further, staff believes the proposed language is inconsistent with the goals and objectives of previously prepared plans. The Mississippi Connections Plan outlines ideas to create a destination experience,and design standards encourage "proper mass, scale, and materials that balance new development with rehabilitated and preserved properties." The Comprehensive Plan speaks to the "...character and scale of the Downtown Area" and"existing character of the area". If the Council believes that freestanding/monument signs are appropriate in the downtown district, staff recommends: Recommended language: One (1) Monument Sign is permitted for each Multi-Tenant Facility. Signs shall not exceed six (6) feet in height and 40 square feet in Sign Area. Please note that a changeable copy sign on a particular lot in the downtown district shall not advertise for businesses and services not on that lot. N:\Public Bodies\Agenda Packets\11-18-2013\Fina1\x7.3 sr Sign Ordinance Amendment.docx Financial Impact N/A Attachments • Redlined sign text draft • Clean sign text draft • Amendment request summary • Planning Commission packet dated November 12, 2013 • Planning Commission staff report dated October 8,2013 • Chamber of Commerce recommendations • Letter from Steve Anderson of Franklin Outdoors dated November 14, 2013 • Emails from Decklan Group dated November 11, 2013 and October 17, 2013 • Presentation from Decklan Group regarding freestanding signs in downtown • Letters of support distributed by Decklan Group regarding freestanding signs in downtown • Narrative of support for freestanding signs in Downtown,distributed by Decklan Group N:\Public Bodies\Agenda Packets\11-18-2013\Fina1\x7.3 sr Sign Ordinance Amendment.docx Sec. 30-851. Definitions: The ae fini,�N :N see ftot 3 'The 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 s, cope, and seopefindings of subdivision: (a) Purpose. The purpose of this subdivision shall be to coordinate the type,placement, and physical dimensions of the si ftsSigns 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 recordkeepmg and consistent enforcement. These shall be accompanied by regulation of the display, erection,use, and maintenance of ssSigns. (b) Scope. This subdivision shall not relate to building design,nor shall this subdivision regulate official traffic or government signsSigns; the copy and message of sign-sSigns;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 s 0 ,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 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 signsSignns 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 slgns.Signs (a) Eligibility for legal nonconforming status. Existing signsSigns which do not conform to the specifiecurrent provisions of this subdivision ffiayshall be eligible for the designati "legal nonconforming" Signs provided that: (1) The city adffiiitiiis—�ator, or —designee, determines that such signs are prope the Sign was authorized by a valid permit;variance,or complied with all applicable laws pr4o r to june 18. 1990.at the time the date of adoption of th ordinance from which this � a: _: : is der4_e .Sign was installed. -(b) Loss of legal nonconforming status. A legal nonconforming signSignn may lose this designation if the Sign is removed, abandoned, or its use discontinues for a period of 12 months or more than 50 (c) Maintenance and repair. A legal nonconforming signSign 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 signSign if, after a public hearing by the planning commission and city council, the council determines that total compliance with the current signSgn regulations is not reasonable but the alteration or relocation of the nonconforming slgrasSigns is in greater conformity with the existing sigraSign 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, 5 1, 7-20-2009) Sec. 30-855. Appeals: Appeals from any decision rendered under this subdivision may be appeal ec made as provided in subdivision II of division 2 of this article. (Code 1982, 5 900.22(7)(1); Ord. No. 09-06, 5 1, 7-20-2009) 2 Sec. 30-856. Notice of violation; order to repair or remove sigrr.Sign In addition to the remedies authorized in section 30 ��', section 30-576, the city may cause the following action to be taken: (4a) 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 sigfiSig-n or the owner of the property on which the signSig-n 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; (2b) If, upon inspection,the city administrator, or designee, finds that a signSig-n 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 sigzaSign and occupant of the premises stating the nature of the violation and requiring repair or removal of the signSgn within 30 days of the date of the order. (Code 1982, 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) 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 sigraSig-n 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, � 1, 7-20-2009) Sec. 30-858. Removal of signsSigns by city. (a) The city administrator, or designee, may cause the removal of atay illegal sfigzft' any a 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 sigraSign, a notice shall be mailed to the sign owner and owner of the property where the sigraSign 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, together with aia additional 50 pereentincluding 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 alien against the property where the sigaSig-n 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 signSig-n is located shall be presumed to be the owner of all sigt-,sSigns thereon unless facts to the contrary are brought to the attention of the city administrator, or designee, as in the case of a leased sigftSig-n. (c) For purposes of removal, a sigftSio shall be deemed to include all sign embellishments and structures designed specifically to support the signSign. (d) In case of emergency,the city administrator, or designee,may cause the immediate removal of a dangerous or defective signSig-n 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 cod,State Building Code. (Code 1982, 900.22(7)(1-1); Ord. No. 09-06, � 1, 7-20-2009) Sec. 30-859. Prohibited signs7.Si p ns The following types of sign-sSigns are prohibited in all districts: (4a) Abandoned sigt-tsSigns which no longer identify or advertise a bona fide business, service,product, or activity or for which no legal owner can be found. ( bl Pennants, festoons, inflatable balloons/displays}, and searchlights; except as a permitted temporaty special event sigi-,- orary Signs under subsection-30-M6-F-30-867(h). (3c) Off-premises signsSigns, other than advertising sigffsAdvertising Signs (billboards). (4d) Signs imitating or resembling official Government Signs or signals. (5e) Signs attached to trees,utility poles,public benches,0r-streetlights, or placed on any public property or public right-of-way.., except Signs as permitted in section 30-873 M (4). (( Signs placed on vehicles or trailers which are parked or placed for the primary purpose of displaying the signSign, except for p 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 afeet in either a vehicular way-or-ffilc-a pedestrian way. (8h) Any roof sigraRoof Sign or signSign erected above the roofline of a building. (9i) Any signSig-n placed within the Vision Clearance Triangle that may obstruct motorist or pedestrian visibility. 4 (40j) Rotating;or m -b -igrasMoving Signs. (+k) Unsafef or dangerous signsSigns as determined by the city administrator, or designee. (4-21) Painted wall s gi=tsWall Signs. (13m) Signs utilizing flashing and/or revolving beacon lights. (n) Banner Signs, except as a permitted Temporary Signs under subsection 30-867 or permitted Real Estate Signs under subsection 30-860 (b) (5). (Code 1982, � 900.22(3)-0�13); 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 signSign shall require permits and payment of fees as described in this section. No permit is required for the maintenance of a sigHSign. (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 signs,Construction Signs that comply with subsection-30-866(230-867(b). (2) On-premises Signs,including but not limited to Directional Signs, Informational Signs, Private Sale Signs and namepla"Nameplates,having a sign are Sign Area of four 4 square feet or less. (3) Portable A frame Signs in the downtown district. (4) Political , VI-mises pfivate sale signs or oti premises even signsSigns. (5) On-premises residential or commercial Real Estate Signs that comply with subsection-30-S66-(3 30-867 c). (6) W4ndow signs, provided they do tiot cover more than 50 pereefft of th window -(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 signSign. 5 (2) The street address or location of the property on which the sigiaSi is to be located, along with the name and address of the property owner. (3) The type of signSio or sigfiSign structure as defined in this chapter. (4) A site plan showing the proposed location of the signSi nn along with the locations and square footage areas of all existing signsSigns on the same premises. (5) Structural details as required. 6 The building official, at their discretion,may require plans prepared by 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 signSi nn 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 sigiaSio 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 signSi nn 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 sigfiSign 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 freestanditig sigffs 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 signsSigns. (Code 1982, 5 900.22(7)(F); Ord. No. 09-06, § 1, 7-20-2009) Sec. 30-862. Maintenance: All signsSigns shall be properly maintained,including the ground around the sign. Exposed surfaces shaU be clean aftd paii-Aed if paint is re Sic. Defective parts shall be replaced on eoftformin sigs.Signs. The building official shall have the right under sections 30 856 ati 30-8-58 30- 856 and 30-858 to order the repair or removal of any sSicn which is defective, damaged, or substantially deteriorated. (Code 1982, 5 900.22(3)-O�D); Ord. No. 09-06, 5 1, 7-20-2009) Sec. 30-863. Illumination: Unless otherwise specified by this subdivision, all sigi-.sSigns may be illuminated. (Code 1982, 5 900.22(3)-O�E)) Sec. 30-864. Changeable eopy.-Copy Signs a Unless otherwise specified by this subdivision, a changeable copy sign or aftimate sigany Changeable Copy Sign larger than 30 square feet;will require a conditiota1 Conditional Use Permit. (bl Changeable Copy Signs may display advertising information for on-site businesses,public service announcements, or non-commercial copy. {a�(cl Motor Vehicle Service Stations. Signs for Motor Vehicle Service Stations shall be regWated 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 (dl 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 (21 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 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 eight 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 compl ng 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. 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 C-3 C-4 I1 I2 I3 BP 7 ft X X loft X 20 ft X X X X 30 ft X (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 signsSigns 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 signSig-n 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 signSign. (Code 1982, § 900.22(3)(G); Ord. No. 09-06, � 1, 7-20-2009) Sec. 30-866867. District regulations: The following slgnsSigns are allowed in all districts: (+a) All signsSigns not requiring permits as set forth in subsection-30-" 30-860(b). (2) Construction Signs. One Mon-premises, non-illuminated Construction Sign not to exceed 64 square feet in sign area or Sign Area and 15 feet in height. Signs may be erected 30 days prior to the beginning of construction,and shallmust be removed ten-(LO days following issuance of a certificate of occupancy. . (3) —(c) Deal Estate Sign. One Mon-premises, i non- illuminated Real Estate Sign per lot or premises not to exceed six 3square feet in 9 Sign Area and six (6) feet in height for residential lots, and one Mon- 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 sig-fiSig-n must be removed ten 10 days following closing, rental, or lease. (4) —(d) Nameplate. One on-prernise remises attached nameplate per occupancy, not to exceed four square feet in sigma are Sign Area. (5e) Political sig�Si�ns. As permitted by State Statute 21113.045. Political signsSigns are permitted in all zones. . Political sign-sSigns may be placed only on private property and only with the permission of the property owner. Such sigiasSigns shall not be illuminated. (6) Directional Signs. On-premises Directional Signs shall not to-exceed four square feet pef-sigtrin signSign Area. Logos and advertisements are not permitted on Directional Signs. (g) Vindow Signs. Provided they do not cover more than 50 percent of an individual window area. (1) Vacant commercial spaces may cover 100% of a window,provided no advertising message is displace (h) Te - _y Signs. One Mon-premises or portable i {Temporary Sign per property)may be installed, as allowed by the city administrator or their designee. Temporary or portable Signs are also subject to the following: 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 Signs may not be displayed without a permit. Each permit must indicate the number of days and the dates the sigraSign is to be displayed. A fee and deposit at a level established by ordinance adopted by the Elk River City Council is required. The city wiH release deposits followifig removal of the sigzft acco rdin 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 receipt of a writteti reqtt to do so. Maximum sign sizeSign Area shall be limited to 4856 square feet and Signs shall not exceed nine afeet in height. Lettering shall not extend beyond the edges of the Sign. d:� 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 Si s per event and 10 the sigfisSiQns shall not exceed the number of days allowed in subsection (7-*.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 teffipora signa,eTemporary Signa e. 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 5; or crushed concrete compacted to a dust free surface. f-.�o Only signsSigns for the community events listed in subsection 38-383(6) may be placed on city property. g� For purposes of this section, City of Elk River property leased to other entities shall not be considered city property. Ir.� Signs must not be unsafe or dangerous and must be securely anchored. subdivision,(8) No more than one permanent area identification sign sha14 be aRowed-per , churches,subdivision, or development has entrances on aftefial and/or eol4eetor roads, then single area identification sign mfty be aRowed at each of these entrances. Each sfPn shaR not exceed 4 6 square feet in sig-ft area and shaR not exceed eight feet in height. The area identification sig-ft shaR be placed on the saffie premises as the developmen which it identifies. (9) One on-premise, permanent identification sig-ft per apartffient or condoffififlAitt... complex, not to exceed 16 square feet in sign area and sha14 not exceed ei.W feet ifl. (40) For pei=fnitted nonresidential ttses, such as synagogues, and schools, on on premises fteestanding sig-fi and one waR business sig-ft, not to exceed 96 square feet in tota4 sign area. Where a zoning lot has in excess of 4,000 linear fe combined street ffontage, the tota4 signage area shaR not exeeed 192 square feet with no more than 96 square feet per sign. Freestanding signage shaR not exceed 20 fee in height. (44) Any combination of on premises ffeestanding and waR mounted rea4 estate sig7fi model homes having a combined tota4 sign area not to exceed 32 square Freestanding signs for model homes shaR have a maximum height of five feet. (42) Rttra4 based businesses shaR be aRowed ttp to four off premises directional signs a. individual directional sig-fis shaR not exceed six square feet. II b. Such sigfts shaR be located on pfivate property which is adjacent t-- aft aft road,provided that the property owner's peffnission is obtained in writing. C. Such signs shaR orAy contain the name of the rttral based businesses and th-e direction and distafice to the facility. d. Except as othefwise provided, A freestandifig signs in residential zones s ha-ve a maximum height of eight feet. e. Signing for stfaight ahead movements shaR not be a4lowed. (Code 1982, � 900.22(4)(A), (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. 30-86-7868. Construction and Location Standards (a) Compliance with building code. All sigftsSig s 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 sig-fiSign. When a property line is located within the street,the setback shall be 25 feet from the edge of the road. (c) Ancboring. (1) No sig-aSig-n shall be suspended so that the sigftSig-n will swing in athe wind. (2) All portable signsTemporary and Portable Signs on display shall be braced or secured to prevent motion. (d) mind resistance. All sigt-,sSigns shall comply with the wind load requirements of the state building code. (e) Obstruction of exits. No sig-nSig-n 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 witb ventilation. No sigftSig-n shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation, except that signsSigns 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) Ligbting. Lighting shall be directed away from road rights-of--way and adjacent dwellings. (il 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) Sec. 30-868869. C-1 central business district: (a) Temporary sigfisSigns as permitted in section 30 85 section 30-851 et seq. (b) Permanent sigfisSigns. (1) One peifnaft otal Wall Sign area , subdivision, or developm 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. (21 One (1) Freestanding Sign,not to exceed 64 square feet with a maxi–I—I height of 20 feet. 4-he area identificatioft sign sha-4 be located oil the same the development it identifies. (2) Otie freestatiding 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 sigasArea Identification Signs as permitted in section 30-865. (41 The Sign Area of Freestanding Signs may be increased by percent if the *ftsign–is constructed as a .Monument Sign. (5) One (1� on-premises menu board per�p 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 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. 6 2. 7-20-20091 Sec. 30-870. C-2 office district64 tot (a) Temporary Signs as permitted in section 30-851 et seq. 3 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. (21 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 (c) Changeable Copy Signs as permitted in section 30-864 (Ord. No. 09-06. 6 2. 7-20-20091 Sec. 30-871. C-3 highway commercial district (a) Temporary Signs as permitted in section 30-851 et seq. 3 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. (21 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. ( 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 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. or NO. 09 , 2 20 200 S 2�T(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. C ee distrieft. (a) Temporaff signs as permitted in section 30 851 ef seq. {b (1) One pefffian The total area , subdivision, or ,of each Canopy Sign shall not to exceed 6 square feet with a maximufn height of seven feet. The area identification slig-11 shaR be located on the same premises as the development it identifies. (2) One ffeestanding sign, not to exceed 32 square feet with height of seven fee . (3) The sign area of area identification signs and freestanding signs may be increased 25 percent if the sig-ft fis constructed as a monument sfgn-. L Lo exeeed 64 total square feet per oecttpane�, or NO. 09 , 2 7 20 200 (a) Temporaty signs as permitted in section 30 854 et seq. (4) One pefffianent area identification sign per neighboi�hood, subdivision, o development, not to exceed 64 square feet with a maximum height of 30. feet.The area identifieation sign shaR be loeated on the same premises as th development it identifies. (2) One fteestanding sig-fi, not to exceed 4 50 square feet with a maximum heigh of 30 feet. One fteestanding sign may be permitted for eveff 300 feet o 15 s"eet ffontage measured along a sifit4,e street. The frontage sha4l only incitt the property in which the pr4neipal nse is located on which the sign is advertising. The additional sign(s) shaR be subject to the size and height, limitations of the first a4lowed freestanding or and may b-e placed no closer than 150 feet to any other freestanding or I.Sn. (3) The sign area of area ideff6fication signs and freestanding signs may be increased 25 percent if the sfign is cons"eted as a monument sfgi-,. L Lo exceed 200 total square feet per occupaftey-. �e) Advertising sign-sSigns (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. {2}b. Prohibited within 1,200 feet of another advertising sigfAdvertising S 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. {4}d. The base of any advertising signAdvertising Sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. { }e. Shall not exceed 400 square feet in area wand 35 feet in height, as measured perpendicularly from the highest point of the signSi structure to the nearest road grade level directly be! the sign. Th- ­isfti 16 61—de may not be altered for the pttTose of ing sign height-, {6)L Shall be considered a principaltsePrincipal Use of the property. Existing advertising signsAdvertising Signs must be removed when the parcel upon which they are situated is devoted to another p iPal nsePrincipal Use. (7) The city sha4l perform a yeady inspection of the advertising si,111 -."-.e co"liance of said s"etnre with the pro-,Asions of this section and other V­ of this afficle. The fee for said inspection sha4l be set by the citly conneA by resolution fro to IRMe. 16 77g. Shall only be allowed in C 3 zoned proper on properties adjacent to foAsthe 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. 30-87872. C-4 community commercial district: (a) Temporary sigrasSigns as permitted in section 30 85 section 30-851 et seq. (b) Permanent signsSigns. (1) One peifnati otal Wall Sign area , sttb&6sion, of ,not to exceed 64 sqttare feet M'dh heightl0%o of ten feet. neFa�ade area identification sign. Businesses in Multi-Tenant Facilities shall be locate allowed their proportionate share of permitted Wall Sign area. Wall Signs are permitted on the development it identifies any Facade that is not directly adjacent to a residential use or zone. (2) One freestanding (1) Monument Sign,not to exceed 490125 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 idefifificatioti sig:fis atid freesta-adifig sigps may be (5) Two wall sfigns, not to exceed 200 total square feet per occupafter. (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. 30-8873. DD downtown district: (a) Temporary sigfisSigns as permitted in section 30 85 section 30-851 et seq. (b) Permanent sigfisSigns. 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),ffiolded plastic cabinet sigfis, smooth/flat plastic signs and sig-fis with stfobe lights, fiashi� elements or distracting ac. (2) One Wall Sign shall be allowed on each primary€acadeFa�ade and on one secondary facade,which does no Facade. One (1) square foot of Wall Sign per one alinear foot of Unit Width shall be allowed- and shall not project out more than eight 2inches ftom facade.. _ { }a. Wall Signs shall not extend above the roofline of an adjoining building or be higher than the bottom of the stringcourse. 2 One (1) Monument Sign is permitted for each Multi-Tenant Facility. a. Sign height shall be limited to one-half(1/2) the average height of the primary structure,not to exceed 20 feet. b. Sign Area, as measured in square feet, shall be limited to one-third (1/3) of primary structure width,measured at the widest point parallel to the building address street,and shall not exceed 80 square feet. (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)-feet from€acad Facade and shall not be thicker than six 2inches. (7) Ap shall b. The Projecting Sign projects out perpendicular from€acadeFa�ade. ft;. Projecting sig�Sign and structural elements s6llare not be-lower than eight f2feet} from the sidewalk,norbe higher than the bottom of the sill of the second floor windows. (9) Signage shaR be cotistructed of metal,wood, stotie,plastic (with three dimetisional reliefs) and/or cloth. The brackets and structure for Projecting Signs shall be ornamentally designed. 18 allowed.(11) kMth the exception of in&6dttal letters, only externafly illunlinated signs ar-e (12) Alonttinent signs Shall not be a4lowed. Existing erected pr4of to the date of the adoption of this section can he rebttAt to the San the same location. (13) Aside from a date and name stone not exceeding three Square feet,no signage shall be placed within the parapet panel area. (14) kMndow signs and tein.­--, Signs attached to or painted on a ndow may not cover ore than 50 percent of the window snrface area. { m(4) One a Portable signs Shall be hinited to ttnht A frame signs with inaxiintim height of three feet and a total area of six Square feet-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 (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. 6 2. 7-20-20091 (16) OpAy one portable sign may be displayed directly in front of a bttli.1-11 -1 (17) Street nunibers inttst be proffiinei*displayed at the main entiance to eve business and be-,�:isible from the stfeet, , 2> 7 20 19 Sec. 30-See. 30-873874. I-1 light industrial district: (a) Temporary signsSigns as permitted in section 30 Q-, section 30-851 et seq. (b) Permanent signsSigns. (1) One peifnan otal Wall Sign area , Subdivision, of ,not to exceed 64 sqttare fee *,:h heightl0% of 20 feet. TheFa�ade area . Businesses in Multi-Tenant Facilities shall be locate allowed their proportionate share of permitted Wall Sign area. Wall Signs are permitted on the development it identifies any Facade that is not directly adjacent to a residential use or zone. (2) One freestatidifig � 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. 20 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_ l 2. 7-20-20091 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 freestatidi gFreestandin�or Monument Sign will be allowed. This sigftSign shall be subject to the size and height limitations of the first allowed freestandi tp_Freestanding or sigaMonument Sign and may be placed no closer than 150 feet to any other freestanditigFreestandin or Monument Sign on the same premises. (3) Area Identification Signs as permitted in section 30-865. (3) The sigft areaSign Area of sigt-,sFreestanding Signs may be increased 25 percent if the sig=aSig-n is constructed as a Monument Sign. (4) , ­1 -..ceed 120 s"are feet per oeftTancy. ertising ssSias (billboards}.), subject to the following_ Oia. 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 sigfAdvertising Sign on the same side of the right-of-way. {(}c. Shall (4) The base of any advertisi.l. be landscaped to prevent erosion an (5) Sha-4 tiot exceed 400 sqttare feet iti area nor 25 feet_49.height as measure peTendieulaAy from the height of the highest poiia+of the s.*,.. Ift-et-11 to 21 the grade level directly below the sign. The existing grade may not be aftered for the pttf p -P of-) re a Is ingsig-ft height, mttst be removed when the parcel ttpon which they a e situated is devoted to (7) The city shaR perform a yeagy inspection of the advertising de"ices to etnisttf- comphiance of said advertis*..,, with the provisions of thi and other provisions of this article. The fee for said inspection shaR be set by the eity cottneA by resolution from time (8) ShaR only be al4owed in 1 4 zoned property adjacent to fight of way for state higlywa numbers 40 and 469. , > See. 30 ,874 medium industrial ref. feet.(a) Temporaty sig-fis as permitted in section 30 854 et seq. (4) One pefffianent area identification sig-ft per neighboi�hood, subdivision, o development, not to exceed 64 square feet"th a maximum height of 20 The area identifieation sign shaR be loeated on the same premfses as th development it identifies. (2) One f�eestanding sig-fi, not to exceed 4 50 square feet with a maximum heigh of 30 feet. Where a lot has in excess of 300 feet of s"eet frontage, on additional ffeestanding or monument sign wiJ4 be aRowed. This sig-ft sha]4 be subject to the size and height limitations of the first al4owed fteestanding of monument sign and may be placed no closer than 4 50 feet to any othe ffeestanding or monument sign on the same prefnfs-e-. (3) The sigfi area of area identification sig-fis and freestanding signs may be increased 25 percent if the sfig-fi fis constructed as a monument sfg-ia-. (4) One waR sign, not to exceed 420 square feet per ocettpancy. (4) Prohibited"thin 4 00 feet of the intersection of the highway fight of w and any other fight of wa--,-or df�veway, (2) Prohibited within 4,200 feet of another advertising sign on the same side of the fight of 22 { } Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring. {4}d. The base of any advertising sigftAdvertising Sign 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 highest point of the signSi structure to the nearest road grade level directly belo the sign. The I_*­'* .6�Idde may tiot be altered for the pttTose of iftg sign height. {6}f. Shall be considered a principal usePrincipal Use of the property. Existing Advertising Signs must be removed when the parcel upon which they are situated is devoted to another a1 ttsePrincipal Use. (7) The city shall perform a year4y itispection of the advertising devices to ensure co"hatice of said adver,*141, 0--t-re with the provisions of this sectio and other provisions of this article. 4-he fee for said itispection sha4l be set I {�}g Shall only be allowed in 12 zoned p rope rtympnoperties adjacent to the right-of-way for state highway 10 and 169. , 2> 7 20 (c) Changeable Copy Signs as permitted in section See--. 30-864 (Ord. No. 09-06. 6 2. 7-20-20091 87§Sec. 30-876. BP business park district: (a) Temporary sigfisSigns as permitted in section 30 85 section 30-851 et seq. (b) Permanent signsSigns. O 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 (11 Monument Sign,not to exceed 64 square feet with a maximum height of eight afeet. (2) All freestanding signage sha-H be a (3) Area Identification Signs as permitted in section 30-865. (c) Changeable Copy Signs as permitted in section 30-864. 23 (Ord. No. 09-06_ l 2. 7-20-20091 Sec. 30-878. I-3 general industrial district , (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 4,1010% 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 occupaftey 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. (Ord. No. 13-02. 6 1. 3-18-20131 , Sec. 30-876877. CRT commercial reserve transitional district: (a) Temporary signsSigns as permitted in se--6-- 30 '85'1 section 30-851 et seq. (b) Permanent signsSigns. {1I(1) Three (3) Wall Signs, not to exceed 300 square feet per occupancy. (2) One freestandifig (1) Freestanding Sign, not to exceed 150 square feet with a maximum height of 30 feet. (2) Three wa4l sig—,tiot to exceed 300 square feet per occupancy. (C) — (c) Changeable Copy Signs as permitted in Sec. 30-864. 24 (dl Event sponsor signsSigns, a signSio subordinate to a pr4ncipal ttsePrincipal Use intended for the display of information for onsite patrons, shall be allowed i€they meetprovide the following criteria are met: (1) An approved iseInterim 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) Not- ch sign shall not to exceed 32 square feet; (51 Must be one-sided only: �5 Must (6) Shall be setback ten 10 feet from property line; (7) Sha4l be setback- or 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 Meet in height; (109) Shall not be illuminated. (Ord. No. 09-06_ lC 2, 7-20-2009; Ord. No. 10-10_ l 1. 7-19-20101 Sec. 30-87-7--.-879. Residential Districts! 2 general industrW distr=e`- (a) Temporary sigi-,sSigns as permitted in section 30 854- Sec. 30-851 et seq. (b) Permanent sign-!�Signs development,not to exceed 64 sqttare feet with a maximuffi height of 20 fe The area idetitificatioti sign shall be located oti the sai=ne preggises as th developmefit it identifies. (1) One (1) Wall Sign, not to exceed four (4) square feet in area. 25 (2) One freestanding (11 Freestanding Sign not to exceed 4-50 square feet; with a ffiaximum height of-in area. (3) Area Identification Signs as permitted in section 30feet. Where H7--865. (c) Changeable Copy Signs as permitted in section 30-864. (dl 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 3001,000 linear feet of combined street frontage, one additional freestanding o monument sign will be Aowed. This the total Sign Area shall be subject to size and height litnitations of the first allowed freestanding or monuffient sign an knot exceed 192 square feet with no elese�ore than 150 feet to any othe freestanding or mon-.—It -6.1 on the same premis 96 square feet per Sign. Freestanding Signage shall not exceed 20 feet in height. (3) The sigfi area(e Any combination of aft area identification sipfi fteestanding sign fnay be increased 25 Percent if the *Is..Ii. --.,."cted as monument (4 neon-premises Freestanding and wall-mounted Real Estate Signs for model homes having a combined total Sign Area not to exceed 42032 square feet ate. Freestanding Signs for model homes shall have a maximum height of five 5 feet. (f1 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. (21 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. Sees. 30-878-880 —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—fad6l 0, means a commercial,industrial, or residential facility with multiple tenants occupying a single structure Sinn means any device_ structure_ fixture_ or placard using Ua hics_ symbols_ and/or written cony designed specifically for the purpose of advertising or identi ,ing any establishment_product_ roods_ or services. Si n,Abandoned si n,means a si�Sig—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,Addresses n,means a sigr�Sign which identifies the numerical address of the premises on which the signSign is located. Si n,Advertising�ign,means a signSin structure advertising an establishment,merchandise, service, or entertainment which is not sold,produced,manufactured, or furnished at the property on which the signSign is located. ,4nimaled Sign Which Cofitatifts rotaftfig, flashing, or fintefffifttetif lights, aflifnaftioftl 0 exhibits noticeable changes in color,fifitensf—ty-, texture, shape,patteffi, or light intensity.Afty sigza flashes on or off,winks or blinks with vafying light intensit'lY. Sign,Alteration of means an�ge, reconstruction,relocation, or enlargement/reduction of a Sign, or of any of its component parts. Routine maintenance and the re ai�g 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. 27 Sign,Area Identcation, 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,Awningjign,means a sigrtSi painted on,printed on, or attached flat against the surface of an awning. Sign, Banner�ign,means a signSign made of fabric or any nengidnon�rigid material with no enclosing framework. Si n, Boulevard si n,means any stationary self-supported sigr�Sign fixed to a base flush to the ground and not affixed to any other structure. it is located, Sign, Cabinet��gn,means a signSign 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 signSi u message attached to one or a group of supports. Si n' Canop�rsign,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. Si n, Changeable Co , means a signSignn or portion thereof with characters,letters or illusions that can be changed or rearranged mechanically without altering the face of the surface of the sig-R Sign. Si n, CbangeableignC (manualj�,means a signSign on which copy is changeable manually rather than by automation. Eearance Sign, clearance of a�ign)means the smallest vertical distance between the g e adjacent s"eet or s"eet curb and lowest point of any signSi u,including the framework and embellishments, and the grade directly below it. Sign, Construction�ign,means a temporary sigraSig— 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. Si n, Directional�ign,means a signSign erected on private property for the purpose of directing pedestrian or vehicular traffic onto or about the property upon which such signSign is located, including sSigns marking entrances and exits, circulation direction,parking areas, and pickup and delivery areas,which does not display advertising copy. 28 Sign, Electrical�ign,means a sigSign or sigSign structure in which electrical wiring, connections, or fixtures are used. Sign, Face of� n,means the area of a sigaSig— on which the copy is placed. Sign, Freestanding, means any Sign not attached to a principal or accessory building. Si n. Government�gn,means any temporary or permanent sigSign 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 f a .,means the vertical distance measured perpendicularly from the highest point of the sigfiSignn to the grade of the adjacent street or to the surface grade beneath the sigaSign, whichever is the greater distance. I&nI#ff-dfiO'. a sigfi whose copy is limited to the fiame afid address of a building, Ifistitttfton, or per son atid/or to the aeaknity or ocetipation being identified. Ple gal si�n 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. Sign, Illuminated siM means a sigaSig-n with an artificial light source incorporated internally or externally for the purpose of making the signSSn message visible at night. Si n, Incidentalign,means a small signSisn, emblem, or decal informing the public of facilities or services available on the premises. Sign,Marquee��gn,means any sig3Sisn attached to or supported by a marquee structure. Painted 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 sigrtSign or device which has any visible movingparts,visible revolving parts, or visible mechanical movements. Sign, Painted ball,, means any Sign which is applied with paint or similar substance on the face of a wall. Sign, Political�gn,means a temporary sign used in connection with any local, state, or national election or referendum. PoiYable*n (see temporaty 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) 29 Sign, Private saleSale or event OEvent, 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 sign means a sig Sign, other than a igr�Wall Sign,which is attached to and projects perpendicular from a building wall more than ,.:__inches. Si n, Real ffta e signEstate. means a signSign advertising the real estate upon which the signSign is located as being for rent,lease, or sale. Si n' Roo-s� n,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. Si n, Rotating�ign,means a signSigri in which the signSign itself or any portion of the signSigri moves in a revolving or similar manner. > > , f, means any chaiage,—o—tf fton,relocation, o r erAargement/reduction of a sign, Si gn,fteesmwftTmoorao means any Sign, monffment-, fneaias a freestatiding sign supported by an internal stfuct-dral f7famework covered b solid structural feature such that the suppoft Stftte---- --isible. The solid strdetural feat-dre shall be at least 75 pereefft of the sign width, si��' Molill& ---1 -" sign or device which has affy visible movifig pa ,-,�:isible revolvifig parts, or Sign-aredt shape,(1) The area of afty sign shaR be the rectafigular area of the largest face,iticluding its border area. For sig-fis that are cotnposed of individual letters or symbols, have an irregular opeti spaces or are composed of two or more itidividual cabitiets, the sign area sha4l be area of the sma4lest single rectafigular figure that encloses it. (2) if a freestatiding or motittment sig-a is cons"eted so that the faces are not back to back,th-e angles sha4l not exceed teti degrees. if the atigle is greater than teti degrees,the total area-Of both sides added together sha4l not exceed the maximum a4lowable sig-ft area for that dis—i-I. designed to be movable from one location to another and which is not permanently attached to the ground and/or structure. 30 Sign' i lall-st means a s Sign attached to a building. This definition �'..a,.,. :�,a:�_:a_.al letter an Sign, i lindo�arsign,means a Sign posted,painted,placed, or affixed in or on a window hexposed to be viewed shaRnotincludeholid tnessages, murals or merehan public view. An interior Sign that faces a window exposed to public view and located within three feet of the window is for sale or display,but sha4l iticlude messages designed specificagy considered a window Sign for the purpose of advertising or idetififying a-fty establishmetit,products,goods, or .calculating the total area of all Window Signs. Vision Clearance Triangle, The area of a corner lot bounded by the right-of-wad lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines. 31 Sec. 30-851. Definitions The 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 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 recordkeepmg 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)) 1 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 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 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)(1); Ord. No. 09-06, � 1, 7-20-2009) 2 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, 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) 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, 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 timely 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 alien against the property where the Sign 3 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)(I-1); 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. 4 (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, � 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) Exeynptions. 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. 5 (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 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 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, 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) 6 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, 5 1, 7-20-2009) Sec. 30-863. Illumination Unless otherwise specified by this subdivision, all Signs may be illuminated. (Code 1982, § 900.22(3) (E)) 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. 7 (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) (FF); 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 loft X 20 ft X X X X 30 ft X 8 (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, § 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 21113.045. 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. (� 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) Wlindow Signs. Provided they do not cover more than 50 percent of an individual window area. 9 (1) Vacant commercial spaces may cover 100% of a window,provided no advertising message is displayed. (h) TeVorary Signs. 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. Approved 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, § 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) 10 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) mind 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) Ligbting. 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, 5 1, 7-20-2009) 11 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, � 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 building or be higher than the bottom of the stringcourse. (2) One (1) Monument Sign is permitted for each Multi-Tenant Facility. a. Sign height shall be limited to one-half(1/2) the average height of the primary structure,not to exceed 20 feet. b. Sign Area, as measured in square feet, shall be limited to one-third (1/3) of primary structure width,measured at the widest point parallel to the building address street,and shall not exceed 80 square feet. (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. 15 (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, § 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. 16 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. 30-875. 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. 17 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. 30-876. 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 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 (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 18 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. (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. 19 (Ord. No. 09-06, § 2, 7-20-2009; Ord. No. 10-10, § 1, 7-19-2010) 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. 20 Secs. 30-880 —30-890. Reserved Definitions: Fafade 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 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. 21 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,Aavning, 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. 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. 22 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 Heigbt, 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. 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 mall, 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. 23 Sign, Rotating, means a Sign in which the Sign itself or any portion of the Sign moves in a revolving or similar manner. Sign, Temporagg, 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, mall, means a Sign attached to a building. Sign, ilindow, 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. 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 Amendment Request Summary Item Requested Requesting Party Result Improve Clarity Chamber Unecessary sections removed and reorganized district regulations. Permit sandwich boards Downtown businesses are permitted one sandwich board (portable sign in downtown at 25 SF in Chamber per public entrance an increase from one total. Size limit remains at 6 SF size to fit onto downtown sidwalks and not impede pedestrian traffic Larger Temporary signs Chamber Size increases from 48 SF to 56 SF 15%of facsade for wall o Chamber 10%of facade for wall signs,consistent with established PUDs signs Monument Signs permitted for Multi-Tenant facilites at 1/2 building Permit Freestanding Signs Chamber,Rivers Edge height and sign area at 1�3 building width(max 20'tall and 80 SF) Not in the Downtown Group,HPC supported by staff Allow Billboards in the Franklin Outdoor No change,planning needs to be completed before billboards can be listed CRT Advertising as a permitted use Franklin Outdoor No change,clause regulates billboard location and when a higher or best clause regulating Advertising use comes along the billboard will be removed Remove 32 SF wall sign Rivers Edge Group Limitation was removed maximum Increase m 2sign 3 g e ht Rivers Edge Group Limitation as removed completely,giving businesss more flexibility with limit Remove section regulating sign materials Rivers Edge Group Section was removed in Downtown Permit Cabinet Signs in River's Edge Group No change,supported by HPC and PC Downtown Increase Window Signs Regulations were included to permit 100%coverage for vacant 0 o River's Edge Group and from 50/o to 80/o of commercial spaces with no advertising message,but advertising window window area HPC signs remain at 50% Eliminate permits and No change,temporary signs are regulated on a city wide basis and without time limits for temporary Rivers Edge Group time limits or permits the signs would become a second permanent sign signs in Downtown 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 Jere m Barnhart, Deputy Director CODD Reviewed by Chris Leesebex ,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 8 1 E R E I EE • 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 (HPQ 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 22"d 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. NADepartments\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) Pinpose. The purpose of this subdivision shall be to coordinate the type,placement, and physical dimensions of Signs within the different coning 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) ,gs 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)) 1 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, § 900.220)) 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�zoncol forming statTSs. 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) Alaintemnee 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 determi es that total compliance with the current Sign regulations is not reasonable but the alteration or relocation of the nonconforming Signs is in gr eater conformity with the existing Sign regulations and is in the best interest of the community. (e) 1\To e,%pansion. 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)(1); Ord. No. 09-06, § 1, 7-20-2009) 2 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, admit-nistrator, 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, § 1, 7-20-2009) Sec. 30-857.Authority of city administrator, or designee (a) Admhastratheprocedures. The city administrator, or designee, shall process applications I 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) Ins pections. 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)(10; 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 timely comply with written orders for removal or repair as provided in section 38- 856—A ter 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 3 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 Sig. (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). ( 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 Siam 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) Unsafc or dangerous Signs as determined by the city=administrator, or desigmce. 4 (1) Painted Wall Signs. (m) Signs utilizing flashing and/or revolving beacon lights. C, (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, § 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 S' shall require permits and payment of fees as Sign I described in this section. No permit is required for the maintenance of a Sign. (b) Eve,-,vpfions. 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 Sigms in the downtown district. (4) Political Signs. (5) On-premises residential or commercial Real Estate Signs that comply with subsection 30-867(c). (c) -4pplication.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 pe 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. 5 (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 offee on denial ofpernait. If a permit is denied, the permit fee shall be refunded to the applicant. (g) Refund offee on abandonment ofperlvit. 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 ti,ldiiin 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)(F);Ord. No. 09-06, 5 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, C 1, 7-20-2009) 6 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 3)0-858 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 illuinmiated. (Code 1982, § 900.22(3) (E,)) Sec. 30-864. Changeable Copy Signs (a) Unless othelwise 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 oil-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 S'*b'Dn' 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 all electronic time and temperature Sign subject to the Sigel 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 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, j 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 followTing 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 follow.>s: 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 8 (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 haimless 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) Contraction 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) Deal Estate Sign. One (1.) on-premises,non-illuminated Real Estate Sibm 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. {fl 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) Viradou,,Sigyrs. Provided they do not cover more than 50 percent of an individual window area. 9 (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 cite-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. Approved 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) Sims 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) 10 Sec. 30-868. Construction and Location Standards (a) Compliance 2.tith 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 Si gm. When a property, line is located within the street, the setback shall be 25 feet from the edge of the road. (c) <-1 nclvrring. (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 ulitl) ventilation. No Sign shall be attached in any form, shape, or manner which«rill 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) Zwihting. 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 fati ormg 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, S 1, 7-20-2009) 11 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°'v of parade 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 carw ash 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, y 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"'0 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 Sigm 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-preinises 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, y 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�o 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 building 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 1M'0 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 maybe 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. 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. 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 allow=ed. This Sign shall be subject to the size and height limitations of the first allow=ed 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 Sigms 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 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.VIliere a lot has in excess of 300 feet of street frontage, one (1) additional Freestanding or Monument Sign ill 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 ip I 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, fig: 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: Fafade 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 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,Movinb 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, Ball, means a Sign attached to a building. Sign, 1lindow, 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® z ' '�' 'The definitions i section 30-1 are applicable in this subdivision. The (Code 1982, �, 900.22(2)) Cross reference—Definitions generally, § 1-2. Sec. 30-852. Purpose scope, and seopefindi grs of subdivision: (a) Pitoose. The purpose of this subdivision shall be to coordinate the type,placement, and physical dimensions of the signsSigns 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 ., .Suns; the copy-and message of �,Ligns;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 1(4 1 Sign ' section 3O..1. (0 Fiarclitzs The City-finds. 1 Exterior Si.ms have a substantial.impact on the character and qualj.4, of the environment. (2) Signs provide an important medium through which individuals mays convey a variety of messages. ((3) Sig_ns 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 Sips in an effort to provide adequate means of expression and to promote the economic viability- of the business conimi,nit�,,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 phvsica] characteristics of Sj� ya'thin the G4,has had a positive impact on traffic safety and the appearance of the community. (Code 1982,. S 900.22(1)) 1 Sec. 30-853. Compliance with applicable regulations: All si' ,6i ss 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. ,Si ns (a) Eligibility for legal nonconfbrmin,g status. Existing s sS"igns which do not conform to the spetifiecurrent provisions of this subdivision ma�shall be eligible fiot die de,,tiptatit "legal nonconforming" Si(ms,_provided that. '4 designee, . 6 . . t s .. .... , (2)--4 e9ign the Siam was authorized by a valid permit- ,variance, or complied with all applicable laws prior to jttne 18, 4 99k,at the time the dafe ardinanee froin hiehf. , subdivigioft is d d.Sic�n was installed. _(b) Loss of legal noneonformina status. A legal nonconforming*Sim may lose this designation if the . . Sitrn is removed, abandoned, or its use discontinues for a period of 12 months or more-than 0 pereent, 4 (c) Maintenance and repair. A legal nonconforming sSien 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 s%Sim if, after a public hearing by the planning commission and city council, the. council determines that total.compliance with the current*ff. regulations is not reasonable but the alteration or relocation of the nonconforming sisSi is in greater conformity with the existing sigft,Sn r regulations and is in the best interest of the community. (e) No expansion. No legal non-conforming Sinai shall be expanded or enlarged in any res ec.t. (Code 1982, 900.22(5); Ord. No. 09-06, .C) 1, 7-20-2009) Sec. 30-855. Appeals: _ At)12cals from any decision rendered nd.er this subdivision may be ftppealedtnadc 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 sigft-.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 signS - 1 :i�m or the owner of the property on which the sigftSjp is placed. 'The order shall specift,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; (21)) If,upon inspection, the city administrator, or designee, finds that a�4, aign 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 gn g N71 ,Si and occupant of the premises stating the nature of the violation and requiring repair or removal of the*ft5i, within ithi in 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 proredures. 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 nii the city for the purpose of inspection of a ti tin 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 s�' ,S_i by city-; L (a) The city administrator, or designee,may cause the removal of afty illegal-sign "w e+, tnaintaifted-l.'n eases of after,t business eloges, or'my slg�fi V em,-rgeftet--tyra Si<_n after failure to timely comply with written orders for removal or repair-. as provided in section 38-856.After removal or demolition of the a notice shall be mailed to the sign owner and owner of the property where the Iii9ft-SiWal 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, I'll.-ther with tm addifion,4 50 rei-e� clu --� ding 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 alien against the property where the 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 Y�� t esfeReal Estate taxes. (b) The owner of the property-upon which the � S.i�..�m_is located shall.be presumed to be the owner of all 4gnsSs thereon unless facts to the contrary are brought to the attention of the city administrator, or designee, as in the case of a leased (c) For purposes of removal, a S shall be deemed to include all sign embellishments and structures designed specifically to support the-�ign`'-�. (d) In case of emergency=, the city-administrator, or designee, may cause the immediate removal of a dangerous or defective g3nSi11 without notice. Signns removed in this manner must present a hazard to the public safety as defined in section 1300.0180 of the sfate bufl.diftg-eod eState.Building Code. (Code 1982, j 900.22(7)(H); Ord. No. 09-06, � 1, 7-20-2009) Sec. 30-859. Prohibited t° .Signs The following types of Si1s are prohibited in all districts: (4-a) Abandoneds�S gns which no longer identify or advertise a bona fide business, service,product, or activity or for which no legal owner can be found. (2) Baftnei.- b Pennants, festoons,and searehlig4t. iiiflatable balloons/displays . and se<rclnlii,,;; except as a permitted . -'I:'et�a�orart Si ns under subsection (1-'7 30-86/ 1i). (4c) Off-premises Sign-, other than' i7 <ldvertisins�,,�,5i�ni.s (billboards). (4d) Signs imitating or resembling official gotxerament Llovernnient Signs or signals. (-.5Q Signs attached to trees, utility-poles,public benches,ftr-streetlights, or placed on any public property or public right-of-way.-, except Si Yns as permitted:in. section 30-873 (6-� Signs placed on vehicles or trailers which are parked or placed for the primary purpose of displaying the stgn 5'i m, except for po=i signer-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 Meet in either a vehicular way orb pedestrian way. (4 h) Any Roof Sign or S_i1 erected above the roofline of a building. (�}i) Any ti�4-jgn placed within -30 feet of V_. �...., �.. the Vision Clearance Triangle that may, obstruct motorist or pedestrian visibility. 4 (441) Rotating ­' ?1loving Signs. (mil;) Unsafe c?r dangerous Si as determined by the city administrator, or designee. (1-21) Painted= s , Malmo s. (=1-'im) Signs utilizing flashing and/or revolving beacon lights. Lii) Banner St�,_n5,except as a permitted Temporary Signs under subsection 30-867 )(h car permitted Real Estate Signs under subsection 30-860 (b) (5). (Code 1982, S 900.22(3) (B); Ord. No. 09-06, 'jC 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�S..=ig�a: shall require permits and payment of fees as described in this section. No permit is required for the maintenance of a Sip. (b) Exemptions. The following types of �Sns are exempt from permit requirements but must otherwise be in conformance with all requirements of this subdivision: (1) On-premises . . (-onstruction Signs that comply=with subsection- -&'C&{? 30 S67 ). (2) On-premises ..Signs,including but not limited to Directional Signs Informational Signs Private Sale Signs and nameplatesNamel2lates, having a sign ave Sign Area of four 4 square feet or less. (3) Portable 7k ftaiiae 9igfts S�r�s in the downtown district. (4) Political"16­11, (5) On-premises residential or commercial v.ea4 s Rea1:l: state Sio s that comply with subsection-34-k; 30-867 c). (6) NV�'do'�v 4igii4,provided they y do not eover more thftn SO pe.iseeiqt(if die _(c) Application.Application for a permit for the erection, structural alteration, eor?r or relocation of a :.inn shall be made to the city administrator, or designee, upon a form provided by the city and shall include die following information: (1) The name and address of the owner of the nSign. 5 (2) The street address or location of the property-on which the 4�, iJ,, is to be located, along with the name and address of the property owner. (3) The type of 4VSign or Sj n structure as defined in this chapter. (4) A site plan showing the proposed location of the:igffS_ign along with the locati ons and square footage areas of all existing s g' ipas on the same. premises. (5) Structural details as required. (6) The building;official, at their discretion,may require Mans prepared by a structural.en�nneerto verij l 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 gnl in such amount as determined by city`eotmeil resol 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 S.inn within 30 days of receipt of the completed application and applicable fees,provided that the Si€1Y7 complies with all applicable laves 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 o f fee on denial of permit. If a permit is denied, the permit fee shall be refunded to the applicant. (g) R fiend 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 darts 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. I.f 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 n� 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 st~jdivis ordinance. (Code 1982, 900.22(3)(A), (3)(C), (7)(B)—(77)(E); Ord. No. 09-06, 1, 7-20-2009) 6 Sec. 30-861. Inspections: (a) Any person performing the erection, alteration, or relocating astV Sim 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 fi!eesfandijag 4,gt .FrLestat4, i -idin Signs. ,- i (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 (Code 1982, 1 900.22(7)(F); Ord. No. 09-06, l 1, 7-20-2009) Sec. 30-862. Maintenance-; All shall be properly maintained,including the ground around the 111posed -i. Defective parts shall be replaced.on eoftfe&-tTting ,ihaH be elean and paint"e-d- r.—I-teqttired-.S , 1gi signs. The building official shall have the right under sections 2)0-856 aftd-34.-9559 3)0- 856 and 30-858 to order the repair or removal of anvta I , Sign which is defective, damaged, or substantially deteriorated. (Code 1982; � 900.22(3)-(( ); Ord. No. 09-06, fig: 1, 7-20-2009) Sec. 30-863. Illumination. Unless otherwise specified by this subdivision., all stgn�Sigrns may be illuminated. 1 11 — I (Code 1982, § 900.22(3)f O) Sec. 30-864. Changeable eopy-.-CDjW Signs 4a )—Unless otherwise specified by this subdivision, a ehftfigeable 'Illy gang-Changeable COD , Sipm larger than 30 square feet;will require a eofidition tt9e.[Ierrni+. AH o4ter eh'IfIgeable eor�, .16-11 "1 Conditional t Tse Permit. (L)) Clian(,lcable Copy Signs mU,, only displa\T advertising information for. on-site businesses.T)ublic service announcements, or non-comn),erci. C012Y. )4g� Alolorbicle,Service:Stations. Signs for Motor Vellicle. S-elvice 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-&j.ital Changeable Co, j:)v ideritifting current fuel prices,in accordance with Minnesota state statutes section.239.751. 7 (d) Time sand T L m engure,V&ns. Within all.commercial and industrial zoning districts, an area not to excced 16 square feet Within a Freestanding or Wall Siam shall be al].-wed for dispW: of an electronic titne and temperature Si�m subject to the Sigg provisions for the zoning,district M' which the S LL411M' is located. (e) Dig tal Changeable Copy Sims (1) In addition to subsections, W and (,b), the displav,must be static, and the transition from one static dtspja) to another must be no more than txv(.) (2) seconds. J.-he images and messages displa-yed must be complete In fliernselves and without continuation ni content to the next imaLre,rnessage, or ally other ailln-11. Q Ma�: not changt more often th an once ev,ery eight (W seconds. (3) Digital disl2lays must be e!��.ped with automatic dimming technology or other mechanisins that automatically, adi List the Sig—ns illumination,level based on ambient light conditioris. (4) No Sign mad-be of such intensity or brilliance as to jlnl2air the Vision of a motor vehicle driver %Vllth average eyesight or to otherwise interfere With the driv,er's operation of a motor vehicle. (5) The disl2lav must be desiW-.ied and eqWpl2ed to freeze the device in one position if a malfunction occurs. The cWplav must also be eqgi.:ped with a means to itninediatel�discontinue the displav if it malfunctions, and.the Siam owner must immediate)-stop a di n�tal displaa,when notified by the city that it is not coma pl�, �g with the standards of this ordinance. -(Code 1982, 900.22(3)t.j);Ord. No. 07-10, t, 7-16-2007) See. 30-865. Area Identification. Signs Area Identification Sip,s are 1 tended to provide additional navj motion and identification opporturLities for residential commercial, and industrial develol2nients rneetin),the following,criterL'L U a Area ldcntification signs shall be Monument SiW-i,, in.desig_rn., and are permitted as follows: (1) Residential subdivisions of at least 20 acres a. Shall not exceed 16 scluare.feel in area and eight (8) feet in height. b. One (1) Sign permitted at each entrance from an arterial.or collector. roadway. Cotidonvniurn or apartment corn lex of at least 1.2 units a. Shall not exceed 16 square feet ill area and eight (8 feet in height. 8 b. One (1) Sign permitted at each entrance from. an arterial or collector roadwa�:. (3) Commercial or industrial complex a. Must consist of three (3.) or more platted lots, and as n planned unit development b. One (1) Sign not to exceed 80 sq.u.a.r..e. feet in area c. Maximun-1 height as follows: Max ZONING DISTRICT Height C-1 C-2 !��3 C:4 Li I T-2 1-3 1 BP 7 ft X X 10 ft X 20 ft X _XXX 30 ft X I - I I - I - 1)) Shall identify an area or co=lex, not individual businesses. (c) Area Identification Signs must be located on the same prcinises as the Develoj).igent %,hich it identifies, as required b�, the deg eloj2rnent agree i t, or as part of a Lt-,."P. Sec. 30-866. Indemnification of city-; All persons involved in the erection, alteration, change of copy or relocation of zt ,-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 signSign 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. 30-8"867. District regulations-; The followings sSiins are allowed in all districts: (+a All 'gnsai not requiring permits as set forth in subsection---'4�- 30 ,L s— — --800 ). �2) —D4j-----K,ons1naion&gns. One (aon-pren-iises, eons"eti.— non-ilium mated Constrqgdaq -Sign not to exceed 64 square feet in sign trea of ign Area and 15 feet in height. -,--�,Signs may be erected 30 days prior to the beginning of construction.,and 4ifthmast be removed ten 10 days following issuance of a certificate of occupancy. "ttell. sirs '5611 nlolb- tled- (2)) —(cam R�ca/.E,�ftatr S�o�ti. One aon-premises,tgottilluniiftoedreal , Lion- illuminated Real Estate Sigi per lot or premises not to exceed six (6).square feet in 9 — i(m:Area and sixx{G feet in hei ht for residential lots, and one 41)_on- premises �:" ~: ' ~-'. 5 ~�.non-illuminated.Real Estate Sion per lot or. premises not to exceed 64 square feet in sign area rSi n Area an d 15 feet in height for commercial lots. Such a SS must be remov ed ten X10 days following closing,rental,or lease. One on-pipe renuses attached nameplate per occupancy, not to exceed four L. square feet 'in ieaSi =:�rea. (fie) Pokthal: .S�itln.s. As permitted by State Statute 21111.()45. Political i�S_i are permitted in all zones. Stieh sig*ns . Political �SSgns may be placed only on private property and only with the permission of the property- owner. Such . S shall not be illuminated. (6) –f) T?irr.ctional Si�;n.r. On-premises Signs shall not t-exceed four square feet per-s, in rSi sn .rea. .I.ogos and advertisements are not permitted on Directional Signs. ;} U ndt j' ns. Provided they do not cover more than 50 percent of an individual. window area. (1) Vacant commercial s1--races may cover. 10W,o of a window,provided no advertising message is dis�:)layed. 'Fern)orat ,Sins. One (1) on-premises pre {T'emporan. Sign ner property}may-be installed, as allowed by the city-administrator or their designee. Temporary, portable iig4_=ice are also subject to the following: a:Lj 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. 1b:42� Signs may not be displayed without a permit. . Each permit must indicate the number of days and the dates the ,iMS'ign is to be displayed.A fee and deposit at a level established by ordinance adopted by the =:'€�1t-R -City Council is requited. of flte . The deposit shall be forfeited if the Sign is placed on an unapproved surface and/or was erected past the date rem.oved,as indicated on the permit -arid e(3) Maximum psi Area shall be limited to X56 square feet and Sipes shall not exceed nine (Meet in height. Lettering shall not extend beyond.the edges of the Sign. d.�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 1' Sig s for their fundraising activities,provided they obtain 1yritten permission from the property owner. Nonprofit organizations shall be limited to three 3 Si is per event and 10 the-&* ,.'Sj�ms shall not exceed the number of days allowed in subsection of this section. If an event is advertised for more than.30 days,it shall count toward that property's 90-day limit for tempoftry *nV. e e. -(5) Temvoram 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 53 or crushed concrete compacted to a dust free surface. f-.4 Q) Only.Sin for the community events listed in subsection 38-383(0) may be placed on city property. p47 For purposes of this section, City of Elk River property leased to other entities shall not be considered city property. h-.� Signs must not be unsafe or dangerous and must be securely anchored. -k r ore than ofte ..ermanefit arei idefttifiefttion SO'_ T L-11 b �10 rft e S.— e 'tlle'wed per nei+,�hborliood, subdivision, or- d-._Wpment. However iffl-e neighbol!hOod-, gubdivision, or development has efitranees oftarterial ind./of eoHeetor roads-, , qiftgle ,irea idenea6�1.. 11.6-.1-'V be aHow,ed at e,,teh of the- --t-S. Rfteh shA not eweed 4 6 square feet.'­ -nd shall not el.t(eed eight feet-m4it* -t-. T'he irea identifie:ttiott sit, ihaH be plaeed on the same premises as the detel(Trnefft gn whieh it identifies. (9) One on preffi±4e, permanetif identifteation sit 0 n ib 1-M, �n.per ap&rtt"enf.or eotid _11-IFle, no, _eeed 1.6 s.qttare fit�et.in. sig!fi area and sh.,tU not exeeed eigh t f'eet in height. (40) For permi"ednonresideft6ft! tiseq, 4tieh fts ehu..I............. ........... -agogttes, atid sehools, ont wall business sign,not to emeeed 96 squafe on-premiges fteestan—.... 1...,,.. 11— ­­- feet W C sign areft. he!ee a zon*lot hfts ift exeegs of 1. 00, 0 linear feet of eombined qfveet.fro­-1_-P'_--' "k-e -'eltal signftge area 96H not emeeed 4 92 squa.re feef.with p tic) i.no e d­­ 96 stittaft feet per Fivesta.ftding signage shaR not.exet d -20 feet AM' e0mbitl6 tion free4t....diftg attel w,41-moutited real estftte gign ­mbifted total sign area ftot to e-teeed 32 e ­et. Fivest,inding sit s &)r mo el.I.—mes sh-11 ha-oe ,t maxff�m height of&e f�.et. gn, (4 21) 1 Ruvil-based btigittesges shaR be allowed tip to ft)ttr off-rremiges direetit;)R,11 signs gubjeet to the ft.)Ho ........... a. Individttal.direetional signs shall tiat square feet. n... r arfe a �,. . delt SiMfts name of the rutA based businesge's atid the d. .. ` _ height of eight e. for a.. straight (Code 1982, 900.22(4)(%0, (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. 30-5868. Construction and Location Standards (a) Compliance with building code. Sign, shall be constructed in accordance with the requirements of the state building code. (b) Setback=Except as otherwise provided, Al shall have a setback of ten 101 feet from any property line to any portion of the 5 . When a property line.is located within the street, the setback shall be 25 feet from the edge of the road. (c) And)oring. (1) No , i shall be suspended so that the si -i will s`ving in atl e kind. (2) All X11.em.porary an.d Portable SiLms on display shall.be braced or secured to prevent motion. (d) Wind resistance. All ig :s shall comply-,kith the wind load requirements of the state building code. (e) Obstruction of exits. No �i,shall be erected, constricted or maintained so as to obstruct any fire escape,required exit,window or door opening used as a means of egress. {f) late! erence Y!ith ventilation. No Si shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation, except that si�S.j ns 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 equoment. 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) ligIvinA. Lighting shall be directed away froth road rights-of-way and adjacent dwellings. Substitution. The owner of any Si�,_n which is otherwise allowed by this ordinance may substitute non-comin.ercial col2v iri lieu of an,-, other commercial or non.-comr.n.ercia.1 C0 12Y- This substitution of copy ma:be made without an additional apVroval or pernutting. The pumose of this provision is to prevent anv inadvertent fav,oring of commercial speech over non-commercial sl--)eech, or favorim')"of an particular non-m 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. 30-8"869. C-1 central business district-; (a) Temporary iign,.,LSigLis as permitted in-tc section 30-851 et seq. 0:)) Permanent,,,��' ,�.j . (1) Vertil'tnetiffotal Wall Siam area identifieatiofi —."'Iibothood, Oe devek.)pme-tnot to exceed 10,o of Facade area. Businesses in "Multi-Tenant Facilities shall be allowed their proportionate share of permitted Wall Sig_ Area. Wall Siw,.I.s are permitted on at4, Facade that is not directIv, adjacent to anesidential use or zone. One (1) Freestanding Sign, not to exceed 64 square feet vA+ a imamii-11--.1 et8flt Of feet. The :trea identifie2ttion sign shftll be loetted on the 9affie Wen-tisesast4— etelopmentifideft6fieg. (22) Ofte &ee4tanding 4ign, not to emeeed 6 4 sqtt*re-fi��in Si( -i Area with a 91 maximum height of 20 feet. (3) sArea Identification Sig_ns as permitted in section 30-865. (4) The Sign Area of Freestanding Signs may be increased by 25 percent if the is constructed as a I.tg"-Alonume t Si�ia. I (5) One (l.) on-premises menu board per drive-ul? or walk-uri lane of a drive-in restaurant or carwash up to a maxii-num.of 32 Aqjja.rk feet each. Mcnu boards are allommd t(Lhxi7e a t cmum.--aii. 3T =' wtHsiggnt not f!&6) Canopy Sins on Motor-Vehide..Se. rvice Stations 11 In addition to Wall Si;Zns,Motor Vehicle Service Stations shall be allowed two Canopy Sans. 13 b. The total area of each Canopy- Siam shall not exceed 321 square feet. (c) Changeable CoMw Sigyns as permitted in section 30-864 (Ord, No. 09-06, � 17-20-2009) ............ (a) Temporary Sig_ns as 12cm-iitted in section 30-851 et secl. a)) Permanent Signs. (1) Total Wall Sign area not to exceed 1 0�,o of Facade area. Businesses in Muld- 'renant Facilities shall be allowed their proportionate share of permitted WA Sign area.Wall Sign,, are permitted on any Facade that is not direct.lx-adjacent to a residential use or zone. One (1) Monument SigZn, not to exceed 40 square feet per oeettpaneyin .Si(,,-n Area wltb a maximum height of seven (7) feet. (3) Area Identification Signs as permitted.i.n. section 30-865 (C) Changeable Copy Sign,, as Permitted in section 30-864 (Q-rd- '—\TQ. 09-06, 2, 7-20-2009) Sec. 30-871.f,-3 —wAyjp���� J*4,� (a) Temporary Sighs as permitted M-section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 10"f) of Facade area. Businesses in Multi- ...........—1--........... Tenant Facilities shall be allowed their proportionate share of Permitted Wall SigLi area. Wall.Sims are permitted on any Facade that Is not directIv adia cent. to a residential use or zone. One (I Freestanding Sigq--i. not to exceed 1.50 square feet with a maximl-lin heig,ht of 30 feet. One Freestanding Siam mav, be permitted for evea-300 fee of street frontage measured.along single street. The frontage sliau on include the property-in which the Principal Use is located.on,which the Sipm is advertising, The additional Sign s) shall be subject.to the size and height limitations of the first Aowed Freestanding or Monument Sign and mab Placed no closer than 150 feet to any other Freestanding or Monument Silo. (3) Area Identification SiWas as permitted in. section 30-865. 14 The Sion Area of Freestanding Signs n-iw be increased 25 percent if thg. 1.9 constructed.as a Monurnent S41-11. (5) One �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. ,-y.49 061 See. 30 ce Stations a. In addition to Wall Sig_,ns,Motor Vehicle Sery,ice Stations shall be Canopy Si, allowed two Cal-1 ft-Atted,ill geeticift -30 8154 L. Pe fb) Perinan-1, ' on llbolqtood (4) The total area idetiti fi eati subdivision, ,of each Canopy Siam shall.not to e-Neeed 64 feet. w.qth ?z ma_ �', Lle foeafed- 0- 1.1- One fieeeqttuading sign,not to exceed 32 square feet.wi+.,t h 6.6,4a t o'f s e v(t i. Fee t. (3) 1. 'If afe't idenfifieation, sifgn. �"d.fire estatiding Sit inereased -25 pereent if the 146-il, as a montifnent Sign, ­19t to e.�teeecl 64 total squal (a) Temporary sign.4 aq perr.nitted in seeiqon 30 ef SeT (b) (1) pernhtneftt area identifieation sign per hboihoeod, subdi"sion, of s. ...elopmeftt, not ft.;) emeeed 64 9quate feet ..idi a tm!6mmin he1q -,r 2(� r_-4 The area iden6fieatfon 4ign 9hal.] be loeated off the 24 the mentifidefttifie5. (2) Otte freestandingsig-, _��eeed 1-50 311 "are feet wit4t a mamif-num heigl-A 11(11%, -eeg - be p of-30 fie e-. ,-,..e & ,eanditr, sign mft!, ermitted fitir cnxery 300 f�e 15 -e naeasttred along a gingle stLeet. The fron,fage . .6 -he 11mit,ft6fins of the first< g . _mofturnetit gige and mai - . (3) 'Fite sigit area of area < g . - may be st"'amg, nof, to exeeed 200 totftl 4 "n rremises 11.!I . �e) Advertising ii S iojis (billboards}.) subject to the foll._._.._v........iii f4 . Prohibited within 100 feet of the intersection of the highway-right-of- way and any other right-of-way or driveway-. { jb. Prohibited within 1,200 feet of another ftdve ti: igz�Advertising 5-�on the same side of the right-of-way. Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring. The base of any . ge _ldvertising—Sigi a must be landscaped to prevent erosion and noxious weeds and must be properly maintained. { Shall not exceed 400 square feet in area n Sand 35 feet in height, as measured perpendicularly from the '-eia A f of`i.e highest point of the sigffLSi,(m structuree to the nearest r___...__.._oad gradelevel.. i.;r.e toy _,.e mft�-not be altered for flie purpose f6�L Shall be considered a pr' Principal LTSe of the property. Existing a&.,....ising sig sAdvertisiz�;Signs must be removed when the parcel upon which they are situated is devoted to another E-1-1 Of 8--Aid stMir-tu e with the provisions of tbiq seetion and Othe }�rr� l-�el'rincipal L?se. . The fee for said inspeetion shIR 1:_)e eottneil i regolution from time to 16 { }; Shall only be allowed in G 3 properties adjacent to th.e right-of.-uvay for state highwtty ashi>1�,,i ars 10 and 169. c Changeable Cop , Si.ns as permitted in section 30-564 (Ord. No. 09-06, § 2, 7-20-2009) Sec. 30-8-74872. C-4 community commercial district. a Ten ora ` i ins as permitted in :• °°: section 30-€351 et seq. (b) Permanent 5'ims. (1) Otte perm,fti-,-t Total Fall ;sign area • , or, develortic.lefft—, not to exceed .g 1 W,%, of ten feet.°heFacade area identifiefttiofl. zi r. Businesses in Multi.-':I'en.ant Facilities shall be loeatedallowed.their 12.rot)ortionate share of permitted Wall Sign area..Wall Sims are permitted on R. � s the de�elopmenf it an-)-Facade that is not directly adjacent to a residential use or zone. (2) One ftee9t n'"'g.gigft4i i'klonument Sign, not to exceed 4-00125 square feet. The maximum height shall be ten <LQO feet along collector streets, and the maximum height shall be 20 feet along arterial streets. T-he sign�treft of alte't . .. 0.6-1 sigapage shaH be , �- (3) Area Identification Sio s 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. 30-8-72873. DD downtown district. a Temporary x Si ns as permitted in j ....:o xn QA- section 30-851 et seq. (b) Permanent�S...,_ign�s. 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. 1 m.. and , (2) One Ma. (1) A all Sim shall be allowed on each primary€aeadeFacade and on one secondary `i eael ,_r,l.:,.h .1oe n ,t A. total of one-Facade. One (1) square foot of iz, Z, 4N%aU Sidi-i per one 1` linear foot of tmit width, not to e-teeed 3-2 square Unit Width shall be allowed and shall not project out more than eight 2inches from ffteade.j }a. Waller .. Signs shall not extend above the roofline of an adjoining building or be higher than the bottom of the stringcourse. (6) eting i.` ;: .' -2 One (1) M1,lonument:Siam is permitted for each Multi-Tenant Facility. Siwis' shall not exceed d ten (10) feet in he.IL,-ht and 40 square feet in Sian_ Area, and must be set back 1.5 feet frorn. the property line. (33) One (1) Projecting Sign shall be allowed on each priman;,Facade,provided that: a. The SiWi does not exceed six (6) square feet in area, shall not project 12erpendicularly more than four 44,)-feet from &eftd Facade and shall not be thicker than six 4L) -inches. _ n .� : b. The Prc>jectun�?Sign projects out perpendicular from & adellacade. {8 jc. Projecting si S,inn and structural elements Rare not be-lower than eight{2feet}from the sidewalk,nor-shale higher than the bottom of the sill of the second floor windows. <ge , �". c L The brackets and structure for t r iProjectint>Skm.s shall be ornamentally=designed. alley " . t fn iatitnents�gnl to the date of the adoption of fhii seetion ea�n be rebth�t fo the sft'—..", S11.1--', '.11 the l� „a; F.L�IL-52ZI�CC-n=,ef�'LSC7ZI: 18 <. . 1 }--- .'4 One (1) Portable with maximttm height of three feet and a tota4 area of six- -8 Sign is permitted per s public en.trasice, anal onl one (1)_Si( ma:be displayed ed 1er Facade. a. Two-sided Portable Sigr)s (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 not impede vehicular traffic. b. Portable ;signs (sandxvich boards) shall be set back a tz-1inninscrm of tWO (2) feet from the hack.of curb of parking,areas,public streets, or private drive aisles. (") With the exception of individual letters and Changeable C o. Si«ris, only externally:illuminated Sitn�s are allowed. (6) Aside from a date and name stone not exceeding three (3) square feet, no signag,t shall be placed N,within the parapet panel area. (c;} Changeable Copy Signs as permitted in section 30-864 cl Prohibited Si>n.s: Back-lit Sims (excluding,ind.ividLlal letters molded _lactic Cabinet Si.ins smooth/flat �.lastic Sims and Suns with strobe lights, flashin 4 elements or distracting actions. (Ord NQ 09-06 j� 2_ 7-20-2009 T _. 4964114,=4 ds See. - 874. I-1 light industrial district.- (a) Temporary<�s�+<i as permitted in seetio 30 85 section 30-851. et seq. (b) Permanents' iris. 19 (1) trttetztTotal Wall.Siam area identifieation Olborhoo , , or developffi.ent, not to exceed Frei tl()`ro of 20 feet, 1"-h Facade area identifieation .,: . Busiiae.sses in NTulti-Tenant Facilities shall be loea-te allo-wed their proportionate share of permitted Wall Sign area.Wall Si. as are permitted on tl�e-sa the de-velopmeftt if anjy-Facade that is not directly acTacent to a residential use or zone. (2) One free9fandifig (1 i Freestanding Si Ya,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 stabiect to the size and height limitations of the first allowed Freesta.ndin�t o� r Moriument Siam and mat-be placed no closer than. 150 feet to anv other Freestanclin�4 or Monument Sinai. on.the same premises. (3) Area Identification Sims as peraraitted ua section 30-865. () The Sign Area of Freestanding Signs ma`-be increased 25 percent if the Sign is constructed as a Monument Sign. (5) Advertising Signs (billboards),, subject to the following': a. Prohibited within 1()0 feet of the intersection of the lailawa right-of- way-and an`- other right-of-war- or drivewU. b. Prohibited within 1,200 feet of another Advertising Sign on the same side of the right-of-way-. c.-ShaII_he_.emted:..mdth-a--sinC7 o1.q.-=.:>r_m)=. ale a itural._s.ta dard d. The base of_anl- Advertising Sign must be landscaped to prevent erosion and noxious weeds and inust be properk, maintained. e. Shall not exceed 400 square feet in area and 35 feet in height; as Measured perpendicularly from the highest point of the Sip structure to the nearest road pry. f. Shall be considered a Principal Use of the propertv,- Existing Advertising Sims must be removed when the parcel upon u hac.h they;- are situated is devoted to another Priricipal.Use. `r. Shall only be allowed on 12rol2erties adjacent to the tg ht of rt.aa. for state high.wa�s 1.0 and 169. (c) Chan;eabl.e Cc Silas as permitted in section 30-864 (Ord. o. 09-06. o. 2 7-20-2009) 30-875. I<-2 gdiLa industrial district 20 (a) Temnorary, Sims as permitted in section 30-851 et seq. 0.)) permanent Signs. (1) Total Wall Si�,_n area not to exceed 10% of 1-aacadc area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall. Sig--n area.Wall.Signs are permitted on irtv Facade that is not directly adjacent to a residential.use or zone. One (1) Freestanding Si ai, not to exceed 150 square feet with a maximum heir ht of 30 feet. Where a lot has in,excess of 300 feet of street frontage, one additional ,tandiar.Freestandm' a or--n—te t.signMonument Si,(,)—n will be allowed. This ,Sipgn shall be subject to the size and height limitations of the first allowed freeqtandingFreestanding or---t—em. ,'-F, llonutment._-LSi n and may be placed no closer than 150 feet to any,other fi:eestandilfgEreestatidin,r or montintent. sig.ff��,�Iomtm�ent'Si�ri on the same premises. (33) Area Identification Sins as permitted in section 30-865. (3) The , -ig -Sign ,'Area of fti-ett idetitifie- —td fi-ee 4fanding �Lreestanding Signs may be increased 25 percent if the is constructed as a m signNfor.iument SiW'�i. (4) One wall stgft, not"0 exeeed 1-20 qqttare e) Advertis' (billboards 1, -,v ing _ -4�ect to die. folio- iiig: fl)}L. 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 Si-= on the same side of the right-of-way. (4) -,o pteveftf.ef-O'sioft aft d i..io-6oug weecig afid fnti4t.be proper4y mftintailied. I Ailf e S"!I'A not e.Ne-e�- �v- Nqtt,,ti f eetif i.at e a iq.o.-r-25 feet in.h eight as ffi. e.-tsittv.ed perpendieularly- from the height of the,highest point of diet- Strdetdre to Elie grije le�vel direet4-,�below the, sign. 44te e tII&- ide.-red a prill -et (6) Sh-all be eons tnttst be temeAxed when the rareel upon wi-i'l. I te, are s. ttated iq deveAed-+o [LAS other pr4neipal ttge. 21 ,? ... ..c.. _ 6. �..... _ ... s s. _ ...s se L, numbei2s ..0 an"61 60 ( _ . 5 —3 See. .� een ?n g"7Ax (a) Tet-nVI.—, ­6_1 ft19 permitted in seetion 30­854 et seq. < < ( h 5 J _ The .trea -identifieition [ - .a ses, as Oiie freestanding sign, nof.to e-teeed 14"', Sqttftre feet widi a of 30 feet. Where ft 300_ s frontage, otie . .. subjeet.to the sime ftnd height lintitations of the first _.. .[ .. ftnd t"ay be pifteed no eloser than 450 feet to any other (3) -f area identifieation qWis and ftee,,,t,,mdiftg signs in 'r 1", e0fisfrij T ..­-1-5fte --ft 100 feet of the s i. y alld aliv othetc eight (if way of!driveway. I IV (22) Prohibited wkh.�i 4.200 feet of another Vqp on the saine side o the figl-If-of W'trf. � } Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring. �4 . The base of any 2t&ertising sigffiA dvertising Sip must be landscaped to pre,,,ent erosion and noxious weeds and must be properly maintained. 22 e. Shall not exceed 400 square feet in area nor 21-5and 35 feet in height, as measured perpendicularly from the h ht of h highest point of the xSi�< ..structure to the nearest road gradelevel.d;r..etly ...low i . t i yttde ma ting 6 ,c..... C. i... height. Shall be considered a pr Principal L se of the property. Existing O tt: V g- ,-Advertising Sins must be removed when the parcel upon which they are situated is devoted to another principal Use.. ( eomphanee of said .a6 _ _ said c {;} Shall only be allowed a on Isro-ertie.s adjacent to the right-of-wad- for state hi<Ire,7.xva):s 10 and 169. T {rc:) Changeable Copy Sig s as permitted in section . 30-864 (Ord NL) 09-06 rt 2 7-20-2009) ...__.._.-_......_............_..------ See. 3 -876. BP business park district.- (a) Temporaryiigti7!�Sm` as permitted c: . section 30,851 1 et seq. (b) Permanent ASS jgas. ----(1) Total Wall Sion area not to exceed 10% of Fa�ade area. Businesses in Multi-Tenant Facilities shall be allowed their pt�ortionate share of permitted`Fall Sign area. Wall Si�Ms arpermitted on.any Facade that is not directly adjacent to-a residential use or zone. (2) One f-reftandiag ft4 .-L\Zonument Si z,not to exceed 64 square feet with a maximum height of eight Meet. freesfandingsignag (3) Area Identification Sins as permitted in section 30-865. _ C) Changeable Cop�,,Signs as permitted in section 30--864. (Ord No 09-06, �: 2 7-2()-?{)()91 Sec. 30-878 I-3 generaIi n istrictvai 23 (ji I I........section....... .. ..........) D, Temporary Si as permitted 'n '0-8�1 et seq. a.)) Permanent Sign,,.. (1) Total Wall Sign area not to exceed 4201 0 'o of Facade area,.,B1151nesses in Multi-Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area Wall Signs are permitted can any Facade that is riot directly adjacent to a residential use or. zone. (2) One (1) Freestanding Sign not to exceed 150 square feet per-oeeupaney-with a maximum height of 30 feet. NW ere a lot has in excess of 300 feet of street frontage., one (1) additional Freestandingy or-Xion-ament Sig_n will be allowed. This sign shall be subject to the size and height limitations of the first allowed Freestanding or Monument Sion and shall be no closer than 150 feet to any.other Freestanding or Monument Siam on the same premises. (3) Area Identification Signs as permitted M' section 30-865. The Sion Area of a Freestanding Sign nijy be.increased 25 percent if the Sign is constructed as a Monument Siam. Changeable Copy Signs as permitted in section 30-864. Sec. 30-8-76877. CRT commercial reserve transitional district-; (a) Ternporaryt��',5igns, as permitted in.�, �secti(�-)n '30-8�51 et seq. (b) Permanent Sic .. (1) (1) Three (3) Wall SigLis,not to exceed 300 square feet per occupancy. (2) One€reestftftdir�(1)-fjeestanding Sign, not to exceed 150 square feet with a maximum height of 30 feet. (2) 'Iltr-ee wafi signs, not to e-,teeed permitted in Sec. 30-864. (d) Event sponsor s�* ,-Signsi, a�Si -i subordinate to a pfineipa• usellrincipal Use intended for the display, of'information for onsite patrons, shall be allowed if the�, ftieetprovided the following criteria are met: (1) An approved ifltenna ttseffiterim I. se 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) art-i-'ach si n shall not to exceed 32 square feet; (5) Must be one-sided only (6) Shall be setback ten,jQ�feet from property line; 7 ,.. .. x.c.)r 25 feet from rights-of-way; whichever is further. (K/) :Shall face away from rights-of-way; or be setback at least 500 feet frorn the right-of-way. (98) Shall not exceed six_(C)-feet in height; (4-02) Shall not be illuminated. (Ord No 09-06, 2 7-20-2009? Ord No 10-10 1_7_19_201 Sec. 30-87-T.-879. Residential Districts; (a) Temporary .. S_igiis as permitted in ...:etio" 30-854-5 Sec. 30-851 et seq. (b) Permanent sfp�, .SSrns (4) Otte permaftent"ea ideftfifteation sign per neighborhood-, subdivid s (1) One (1+ Wall Sign not to exceed four (4)square feet in area. (2) One , , g s not to exceed 4.5041) square feet; in area. (3) Area Identification Signs as permitted in section 30 feet k ".ere -865. (c) Changeable Crop} Signs as permitted in section 30-864. 25 (d} For permitted nonresidential uses, such as churches, n.agogues, and schools,in residentially zoned areas,one (l) on-pre.imses Freestanding,;Sign and one Wall.Sign, not to exceed 96 square feet in total Sign Area.Wrhere a zoning lot has in excess of 3W,1,000 linear feet of combined street frontage, . Tliis the total Sign Area shall be stibjeet to t z, sigft� Shall-$ not exceed "1()2 square feet p ith no elc etmore than f' ._. .. ,....to . : .. i . .:'g 96 square feet per Sio a. Freestanding Signage shall not exceed 20 feet in h.eigh.i. Any combination of iii ftret identifie2ttion. _t E-,neon_prenjises Freestanding, and wall-�rr,-mounted Real Estate Si ioY-is for model homes hating a con-bined total.Sign Area not to exceed 42032 square feet-per. freestanding Signs for model homes shall have a maxim nr height of five i`a) feet. 2 .. (fl Rural-Based Busisiesses shall be allowed up to four (4) off prernises Directional Signs subject to the fol.l__.....___.owing restrictions: (1) Individual.Directional Sioyiis shall not exceed six (6) square feet. (?) Such SiW2s shall be located on private propem,,adjacent to an arterial road, provided that the protrcrt�owner's permission is obtained in writingy. Such Sims shall.on.11 contain the name of the Rural.-Based Business and the direction.and distance to the facility. ( _ Except as otherwise provided all Freestandi �;Sigms in residential zones shall have a manure hei hg t of eight S feet. (5) Siggning,for straight-ahead movements shall not be allowed. Secs. 30- 880—30-890. Reserved: 26 Definitions: Fa,,'ade means the exterior wall.o.f.a....building.exposed to public view or that will be viewed by persons not within the building Multi-J.'ein-int facility, means, a comi.-nercial, industrial, or residential facility with multiple tenants Occu ?in- g a single structure S I -,�mboh. and/or wtitt==sjM �g means qny devicr.. structure—fixtaire. or placar raphics. desiWaed. specifically for the puryQ5 ,, of advertisinL)-or idendj�in�,any establishment, 12x-(-)duct, �)"Oods, L ar-savices. 3i(.7n Abandoned-tTn,means a 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. Si,r.Address-fim,means a-,�Si gn which identifies entifies the numerical address of the premises on which the si 5jgn is located. Sion,Advertising-.gin .,means a sigfiSigii structure advertising an establishment,merchandise, service, g— or entertainment which is not sold,produced,manufactured, or furnished at the property on which the�S ipi is located.LCD­fi imeaft'S It S whieh eo Of etth..thitgnotteeable eha f,t e-ftffla, 0 g flagheq on or of�winks or bhnkg -i— _YitqT�;h"ght infe—lil". &eestanding or sig-nSi'an,-Allengion ofrne- p I..,means any change, reconstruction, relocation, or enlarggment/reduction of a Sign, or of and of its co=onent parts. Rou 'a d tb& S4�17.jtnl. (1) The area of anv, Sign shall be the rectans,Lijar area of the largest face, including its bot-der. area. For Sig,_n.s that are composed of individual letters or syrnbols,have an irre(,nilar shape, have ens paces or are composed of two or more individual cabinets, the SiZiArea shall be the area of the smallest sin le rectangular figure that encloses it. ,2) If a freestanding or monument Si 4q 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 maxitnum allowable Sign area for that district. Sidi—4n,a hknLk�atzoii, means a Freestanditag or Wall Sim 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. Sin.Awnin g �--j nS n printed on, or attached flat against the surface of an means a painted on,p awning. 27 ,.Sign, Banner fir,means a4gaLigm made of fabric or any °ignon, rigid material with no enclosing framework. S.,_ n�.Boulevard-rims means any stationary self-supported ii&�Sigm. fixed to a base flush to the ground and not affixed to any other structure. ,gf/ use of the "iell it is loeate& Sian, Cabinet r.,means a SiL—or portion of a sigftS ig constructed to be supported in substantial part by means of a separate box-like structure,with each segment of the Si—nn message attached to one or a group of supports. Sign, Cano�i*,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. Sion. Changeable � rt ea C�o�S , means a s Sim a or portion thereof with characters,letters or illusions that can be changed or rearranged mechanically without altering the face of the surface of the�r.S_ign. Sion Changeable e&pt ff (manual),,means a Sign on which copy is changeable manually rather than by automation. S` u (clear rnce of a- )means the smallest vertical distance between the Video€-t:-l�e lowest point of any t t,Y Si,i,including the framework and embellishments, ver flia and the grade directh7 below it. Sion. Construction,min,means a temporary "ism 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. Sian, Digital Changeable Copt includes,but is not limited to, any flashing,blinking, or animated. display, and any display that incorporates LED lights manipulated through digital input, °dtgqjtal ink," or any, other method or technologt that allows the Sign face to present a series of images or cfisJ219)L. Si�rr, Directional qtr,means ati- gft erected on private property for the purpose of directing pedestrian or vehicular traffic onto or about the property upon which such sS'ign is located, including W2sSh?11S marking entrances and exits, circulation direction,parking areas, and pickup and delivery areas,which does not display advertising copy. Sign.Electrical sue,means a. Si� or Sz_.,: structure in which electrical wiring, connections, or fixtures are used. Sirs c, Face of-+ ,means the area of a s_gn on which the copy is placed. S`itrn, I ae s7asa litttJ. means any Sill not attached to a principal or accessory huilcling. 28 Si_�;az, Government-sit,means any temporary or permanent signSiWa 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. S n Height--( ', j, means the vertical distance measured peMendicularly, from the highest point of the signSgn to the grade of the adjacent street or to the surface grade beneath the,r n whichever is the greater distance. a_ C 9 <5 S'it�rz, Ill'eaal, means a Sign which has not received a permit to be in or =�.--�. does not meet the requirements of this Code and which has not received legal nonconforming status. Sitz. Illuminated Ana means a sSi_._...: .with an artificial light source incorporated internally or externally for the purpose of making the siVS�i _n.message visible at night. Sigr. In(idental-), means a small s Sign, emblem, or decal informing the public of facilities or services available on the premises. S%n.Marquee-j�,,means any. 5%n attached to or supported by a marquee structure. "Voaru'vzezat means a Freestanding Sign supported by.an internal structural framework covered by solid structural feature such that the support stnicture is not risible. The solid structural feature shall be at least 75 percent of the Sign width. .S'ixn.11Ion' means any s Sim oz°cle`a.ce cvh.icll has az�v visible moc iz r arts visible revel`in Y harts, or visible mechanical movements. SitJ z, Painted Vall. means an, Sim which is applied with paint or similar substance on the face of a wall. .S'iJn. Political-+ Vin,means a temporary sign used in connection with any local, state, or national election or referendum. n Si<7fz Portable, means a two.-sided SiWz that is not permanentlz-affixed.to a structure or the ground (i.e. -frame or sandwich-board Sim Si,aii. Private;,dleSeale or even; RLLivnt. 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. 4,n. Projecting-vi z means a z5' t�, other than a rl s � 'a1.14 �,which is attached to and projects )e. endicular from a building wall- 'han— _ . 29 .Si;rz. Real rn.L.st ate means a 'Si m advertising the real estate upon which the Si is located as being for rent,lease, or sale. S p Roo 1 means agr_,.':i r 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. Sit,i, Rotating- n.,means a Sip�n in which the Sign itself or any portion of the Si=n moves in a revolving or similar manner. g , .. .. f7 '1 Sign,, s# i�;Terxorar, means any . L , Sign, b L ... . _r .. be at leaqt 75 pereent of 4te sign width. P"Irts' of t. visible eh, el Pof gigns,that ate, enpoged of individual .. or sytnbols, g L shape, .ti ..... Osed "r Moire, .. c. .. _ sha4l be h area of t4le smftl4eq _ b fig-ttre that etielose,.� it. .. L .... i ` _ ... .. .t i ...d .. 1. both gides added together- sh,,d].not e.-teeed the tna_-tIfntti.:n aEow. le sipi atelt fidr that distri jy,-,v ineans any gigD.designed to be movable from one location to another and which is not permanently attached to the ground and/or structure. S i_,n. Wall-fin,means a Si m attached to a building. ftnd signs Sion I lindoaa�s' means a installed ide Site.t�osated painted.,�laced�or. affixed in or. on a window a ftd intendedexDosed to , --Stteh signs shA public view.An interior Sim that faces a xvindow exposed to public view and located.within three feet of the Nvindoiv is 30 c i :nf fie-allycon.sidered a wisadoo Sian for the purpose of or f.ddetlfi��g any �. ... 5 goods, .. � .. calcu]atinsT the total are of all Win.dcn�,- Sims. Visiwl Clearance T;i1m=le ':t'h.e area of a corner lot bounded b,the ri plat-of-q , lines and a line connecting the two aoints on the j2roper :lines 30 feet from the intersection of the j2roper lines. 31 City of Elk - 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 Leeseber , 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:\Public Bodies\Agenda Packets\11-18-2013\Final\x7.3 at5 Oct 8 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. N:\Public Bodies\Agenda Packets\11-18-2013\Final\x7.3 at5 Oct 8 SR Review of the Sign Ordinance.docx Meeting with Downtown Businesses 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 permit 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:\Public Bodies\Agenda Packets\11-18-2013\Final\x7.3 at5 Oct 8 SR Review of the Sign Ordinance.docx Elk Ridge Health Building Pompeii&Old Main Cub Foods(Highway (Allina) (Downtown) Commercial) A sign plan or 15%of wall space and 100 sf ground 15%of wall and 1- 100 sq. 15%of wall space and sign per frontage and 1 Ramsey ft.ground sign per access 100sf ground sign area ID sign 2 sf per lineal ft.frontage up to 100sf per lineal 1.5 sf per bldg.frontage up 1 wall sign 2sf per business frontage and 1- 100sf to 48sf; projecting 12 sf 4' frontage, 1 freestanding per Rogers freestanding sign out and 16sf of monument parcel up to 100 sf 5%of bldg.facade or 40 sf 5%of bldg.facade or 40 sf 5%of Wall up to 50sf per per occupant or 40sf which whichever greater and 1 business. I sign per road Maple Grove ever is greater freestanding 45sf frontage up to 50sf signs,80sf per sign up to 200sf or 10%of wall whichever greater. I grd unlimited#/frontage 200sf or 10%of wall, sign/frontage up to 3 greater of 40sf or 10%of unlimited#per frontage up frontage 2 @200sf 3rd wall.Total not to exceed to 2 frontage. 300 sf Coon Rapids @100sf 100sf ground sign 64sf of digital 10%of wall space up to 200sf. 1 pylon sign/parcel with 3 signs @ 140sf per 1sf per lineal ft.of frontage pylon. 1 400s monument 10%of wall space and 140sf or 15%of wall up to 100sf sign. Pylons along major Sauk Rapids freestanding sign and 100sf freestanding highways 10%of main wall and 5% 10%of main wall and 5% 10%of Main wall or 7%per side and rear wall and 120sf side and rear wall up to 80 business. 135 sf ID sign White Bear Lake pylon sign sf and 1 pylon sign 120-sf 15%of exposed bldg.wall. Pylon signs not to exceed. 15%of wall space. Pylon 15%of wall space. Pylon 2 sf per lineal ft. of not to exceed 1sf per lineal not to exceed 2sf per lineal frontage of 200sf whichever ft.of frontage or 75sf ft.of frontage or 200sf St.Cloud is greater whichever is greater. whichever is greater. 2 wall signs not exceed 1 wall mounted/1 2 wall signs not exceed 200sf per occupancy. 1 ID projecting sign on main wall 200sf per occupancy. 1 ID sign not exceed 64sf one and one secondary wall. sign not exceed 64sf one freestanding sign 150sf Wall sign 1sf per lineal unit freestanding sign 150sf additional for every 300'of ft. Projecting 6 sf not more additional for every 300'of Elk River frontage than 24"from wall frontage Allow pylon, monument or free standing signs for buildings that have multiple Use%of wall space as the tentants. Such signs should Use%of wall space as the limiting factor. Allows not obstruct pedestrian or limiting factor. Allows larger buildings more vehicle movement and larger buildings more signage and is still should be designed with signage and is still attractive and balanced downtown design elements attractive and balanced Chamber Recommends (We recommend 15%) in mind. (We recommend 15%) Billboard Temp Review 6 weeks per parcel or business plus 4 more weeks allows more wall signage with no violations. Up to and larger ground signs. Ramsey prohibited 50sf. But no freestanding sign Non Profit only 30 days Overall allows less wall Allowed in SI dist. 1000' total/yr 10days at a time. signage and less spacing 200'from Banners 10 days per time freestanding and ground Rogers residential up to 30 days per year signs overall a little less wall sign although equal in dd. Less Maple Grove prohibited Not allowed freestanding signs allowed 250 sf, 1000'spacing, 100' from on-premise and 500' 32sf,60days/yr, 1 per Allows more wall signs and Coon Rapids from bldg. street frontage more ground signs. Portable signs 1 time/yr no more than 60 consecutive days. Special event Equivalent in the Hwy banners; 1per event for 15 commercial area. Allows Billboard zones,672 sf, days. Sandwich boards more signage in the dd type Sauk Rapids 1000'spacing. allowed. districts No portable signs. Banners allowed 4 times/year A little less in the Hwy 60/120 max. Sandwich comm.Area and more in White Bear Lake 1/2 mile spacing 500 sf board signs allowed. the dd area 32sf,90 days total no more than 30 days at one time,3 Overall a little more St.Cloud 400sf 750' radius 40' height times per year. allowed in all districts. on premise 90 days,30 at Principle use, 1200' spacing one time. NP can be off Elk River 400sf,25' height, monopole premise temp. 48sf/ Language is not clear on digital signs-needs updating. Remove Allow billboards in the CRT Include use of sandwich restrictions on Temporary zone, provided they are boards (limit size to 25 sq signs while road 250'from on-premise signs ft) in retail foot traffic areas construction is taking place and 500'from buildings; (no over night signs and on road in front of business remove principle use within 25'feet of or major access roads to Chamber Recommends language. establishment) business 20092 Edison Circle East Clearwater,MN 55320 320.558.3000-800.221.4144•fax 320.558.3004 "Outdoor Advertising SELLS for you all day,every day." OUTDOOR ADVERTISING November 14, 2013 To: Elk River City Council and Planning Commission RE: Sign ordinance. Greetings Councilors and Commissioners Recently, in addition to staff's review of the sign ordinance, the Government Relations Committee of the Elk River Chamber of Commerce reviewed the sign ordinance. I believe they have submitted their recommendation to city staff. This letter is in support of the recommended amendments submitted by the Elk River Chamber of Commerce. As a member of the committee reviewing the sign ordinance, there were two main areas of concern. The first was a need for increased business signage on walls and freestanding signs. The second was the lack of billboards along the hwy 169 corridor and limited ability for expansion. This letter will focus on the billboard issue. On August 30th I met with city staff to discuss their review of the sign ordinance. I shared with staff my concern and ideas about the regulations of billboards. Some of the performance standards for billboards are; 1200 `spacing between signs, 400 square feet, 25' height, allowed only in zoning districts Industrial 1,2 or C3 and located only along hwy 10 or 169. While these performance standards are considered restrictive to a billboard company, they are acceptable. However, in addition to the aforementioned standards is the "principle use"requirement, which requires a billboard to be on its own lot. I ask that you consider eliminating the principle use clause from the ordinance, especially in the Industrial zones along hwy 169 north. Billboards do and can coexist within developed areas as well as undeveloped property. Another concern I discussed is the lack of advertising along the Hwy 169 corridor, and the lack of opportunity for additional billboards. Therefore I ask that you consider allowing billboards in the CRT zoning district, with the elimination of the principle use. There is a lot of open space being staged for potential growth. I believe regulated billboards would fit well within the CRT zoning district and provide a tool for your businesses to promote growth. Thank you for your time and consideration. I look forward to further discussion Respectfully, Steven L. Anderson Lease Manager Miller, Jessica From: Annie Deckert <annie @decklangroup.com> Sent: Thursday, October 17, 2013 3:20 PM To: Carlton, Zachary Cc: Portner, Cal Subject: Notes for Planning Commission Workshop on 10-22-13 re: Sign Ordinance Amendments Attachments: Sign Ordinance Discussion- PowerPoint.pdf, 6-18-13 Elk River Area Chamber of Commerce.pdf, Narrative- support from city plans.pdf Hi Zach, I plan to be in attendance at the October 22 Planning Commission Workshop, and I respectfully ask that you include the following information, attachments, and all letters of support for the proposed Granite Shores sign (provided prior to the 7-9-13 Planning Commission meeting)I in the packet for discus sion/consideration as it relates to the sign ordinance discussion: Comments provided to staff on 9-18-13 and 10-1-13 by the Downtown River's Edge Business Association as they relate to Section 30-872 Downtown District (provided to me by Chair Fred McCoy, numbers correspond to subsections in ordinance): • 3) Increase maximum wall mounted signage from 32 square feet to 15% • 4) increase height for wall mounted signs from 24" to 36" • 9) signage shall be constructed of metal, wood, stone, plastic (with three dimensional reliefs and or cloth)- eliminate • 11) eliminate this section (with the exception of individual letters, only allowing externally illuminated signs) • 12) Allow monument and freestanding signs, refer to C-1 zoning district guidelines to address these signs • 14) window signs and temporary on-site signs attached to or painted on a window may not cover more than 50% of the window surface area- increase to 80% • Don't require a permit for temporary banners, or, if this is not an option, create an annual temporary banner sign permit ($30 fee, $100 escrow)which allows business owners to put up signs for events, to be taken down after the event; it is the business's responsibility to notify the city if new banners being put up Proposed Granite Shores Freestanding Sign Information •Granite Shores wants to build a freestanding sign to advertising available residential/commercial space, businesses within Granite Shores and events held in downtown Elk River. Granite Shores owner, Jim Soderberg, is open to comments related to sign design and percentage of time dedicated to promoting downtown events •Began process March 2013, asked staff for input on sign design, location etc. (received none), applied for sign permit May 2013- denied by city staff •Applied for Appeal of Zoning Decision; considered by BOA on 7-9-13 and 8-13-13 and City Council on 8-19-13; directed staff to work with Downtown River's Edge Business Edge Association and applicant to collect input on potential sign ordinance changes and to work with applicant of Granite Shores sign to "try to make something work" • I met with staff on 10-3-13 and they indicated they were proposing no changes as it relates to working with us to construct the Granite Shores sign, and suggested the City would be exploring building a similar sign on the Chamber of Commerce property and/or property NE of Kemper Drug/N of Soul. Staff indicated the sign compromises the fragile character of the downtown ("historic") and expressed concern that similar signs would "pop-up" throughout downtown • I proposed the following sign ordinance amendment to address this concern, and am open to any variation to address staff concerns Section 30-1 i Sign, District Gateway- freestanding (and/or monument) sign located at the corner of a main ingress or egress to a zoning district which prominently displays the name of the district in fixed letters and district events via electronic board Section 30-872 18. One district sign not to exceed 100 square feet with a maximum height of 20 feet. The electronic message board portion of the district gateway sign shall not exceed 80 square feet. The district sign shall be located on the same premises as the district identifies. •The proposed sign will be located on the east side of Granite Shores and will be screened by the building; I provided images which shows the sign cannot be seen on Main Street when walking eastbound until you reach the front doors of The Bank of Elk River •Planning Commission met on 10-8-13 and held a public hearing for comment on the Sign Ordinance- I provided the attached PowerPoint to the PC during the public hearing, which included elements from the attached document entitled "Narrative-Support from City Plans" Other comments from the 10-8-13 public hearing re: sign ordinance amendment include, but are not limited to: • River's Edge Business Association Chair asked for clarification as it related to the changes recommended by staff after all the comments provided by the downtown group; the only change he saw was permitting a portable sign at each entrance of the downtown business- nothing else. Staff confirmed this was the case and that all other recommendations made by the downtown were denied. • Steve Anderson with Franklin Outdoor Advertising made comments about the fact that we need more signage, not less- supported the 15%for wall signage and opening up the opportunity to permit billboards • River's Edge Business Association member Jennifer Wagner, downtown business owner, Elk River resident expressed disappointment that recommendations made by the downtown group, Chamber and other business owners weren't taken into consideration into staff's proposed changes. Asked the Planning Commission to consider increasing the maximum window coverage in downtown to 80%, increasing wall signage to 15% and to allow monument/freestanding signs in downtown Elk River. She asked for clarification on what"fragile character" of downtown is- she indicated every positive of the proposed Granite Shores sign far outweighs any negative brought up by staff; Granite Shores and The Bank of Elk River Building is not historic. She expressed her concern over the city discussing building a similar freestanding/monument sign with tax payer dollars while not allowing a private business to do the same thing. She suggested asking Granite Shores to donate 50% of the electronic message portion of the sign to community events- she encouraged the Planning Commission to work with Granite Shores to make the sign work. • Representative Nick Zerwas expressed concern over comments he had received from business owners as it relates to their disappointment that staff is not supporting the proposed Granite Shores sign. He indicated he was disappointed that staff was not supporting the business's desires. He reviewed all the studies that city has done which support the downtown and indicate the downtown is the heart of Elk River. He supported increasing wall signage to 15%. He suggested the Planning Commission approve adopting Decklan Group's proposed sign ordinance amendment to permit the Granite Shores sign- to show the downtown, business owners and residents that the Planning Commission is committed to the viability of downtown. Comments made after the public hearing by planning commissioners include, but are not limited to: • wanted the Chamber to prioritize their changes; Debbi indicated increasing the wall signage to 15%, opening up the opportunity to permit billboards, and allow the proposed Granite Shores freestanding sign • supported increasing the wall signage percentage (different increased percentages were mentioned)- 5% looks "too small" • wanted feedback from other commissions (HPC is reviewing tonight) • if we didn't have businesses in Elk River, we would be a bedroom community • concern mentioned about the brightness of Cornerstone Auto Resource's electronic message board sign • table this discussion to a workshop to discuss further, bring back to November Planning Commission meeting 2 • not prepared to make a decision considering all the comments made at the public hearing • mentioned that the HRA could review; staff indicated they did not intend for the HRA to review • questioned what the outcome of the workshop would be; staff indicated that commissioners could give staff direction on proposed sign amendments to be considered at the November planning commission meeting • staff indicated it would be easier to hash-out in a workshop style setting; therefore the public hearing scheduled for the City Council on 10-21-13 would be continued to a City Council meeting in November • suggested that 50% of the sign be donated to community events on the proposed Granite Shores sign, and perhaps other businesses not located in Granite Shores could advertise as well • doesn't feel the sign would disrupt the character of downtown, likes the idea of a Gateway sign, likes the idea to increase the percentage of wall mounted signs (Commissioner E. Johnson) I appreciate you including this in the packet- I would also like the ability to speak and participate in the discussion at the workshop on 10-22-13 if possible. Please let me know if you have questions. Thank you Annie Annie B Deckert, MPA, EDFP, President 812 Main St. NW, Suite 250 Elk River, MN 55330 www.decklangroLip.com 612.564.0795- office 763.568.9498 -cell 3 Miller, Jessica From: Annie Deckert <annie @decklangroup.com> Sent: Monday, November 11, 2013 10:31 AM To: Carlton, Zachary Cc: Fischer, Suzanne; Portner, Cal Subject: Planning Commission meeting 11-12-13 Good morning, After reading through the Planning Commission's packet for Tuesday's meeting and seeing staff's comments I think it is very important that you understand that this sign is not being placed in a "foot traffic thoroughfare" and it is no way meant to try and capitalize on traffic that is already on Main Street, either in a vehicle or on foot. The point and purpose of this sign is to gain the attention and make Downtown's presence known to motorists traveling West bound on Hwy 10 who might otherwise never be exposed to what Main Street has to offer. The sign dimensions outlined in the Planning Commission packet would offer little to no visibility from West Bound Hwy 10. Again, Downtown businesses have no need to further advertise to traffic and pedestrians that are already on Main Street with this type of signage. I would like to remind you that this project has the overwhelming support of the Downtown District, The Downtown River's Edge Business Association, The Historic Preservation Commission, The Elk River Area Chamber of Commerce, and numerous respected and prolific Elk River residents. We have yet to be given any reason why this project cannot happen, or should not happen. Below are a couple of options to consider which would result in Granite Shores building a sign to meet their needs, while addressing staff's concerns. Sec. 30-872. DD downtown district (b) (18)-One monument sign per permitted multi-tenant property. A total of.50 feet in height per one linear foot of primary structure height not to exceed 20 feet in height. A total of.30 square feet per one lineal foot of primary structure width not to exceed 80 square feet in sign face area. Sign face may consist of changeable copy or animated signage. This could also read: (b) (18)-One monument sign per permitted multi-tenant property. A total of one foot in height per two linear foot of primary structure height not to exceed 20 feet in height. A total of one square foot per three lineal feet of primary structure width not to exceed 80 square feet in sign face area. Sign face may consist of changeable copy or animated signage. 1 Your feedback is much appreciated; thank you for your time. Annie B Deckert, MPA, EDFP, President 812 Main St. NW, Suite 250 Elk River, MN 55330 www.decklangroLip.com 612.564.0795- office 763.568.9498 -cell ..........p.............p............................... 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This sign will be utilized to advertise available space in the building,as well as businesses(within Granite Shores). In addition, Mr.Soderberg, owner of the Granite Shores property, is offering to utilize the sign (up to 20%of the time) to advertise community events downtown, including, but not limited to,Thursday concerts in River's Edge Commons,all Elk River Parks&Recreation events(Chalk-it-Up, Kidstock, Movies in the Park), Farmer's Market, Elk River Area Arts Alliance events, Reading Frenzy events, Downtown River's Edge Sidewalk Sales,Trick-or-Treat and Santa in the Park and McCoy's Annual St. Patrick's Day 5k for CAER. The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following:, numerous TIF districts, reinvestment through Microloans(Nicole's Salon, Daddy-Os, Blue Egg Bakery,Waterfall Salon, Olde Main Eatery, Diamond City Bread,Sweet P's Candies&Ice Cream, Nicole's Salon Pompeii Pizzeria, etc.), River's Edge Commons Park and recently Main Street Parking Plaza(includes acquisition/demolition of two buildings, and construction of new parking lot) . Not only has there been extensive public and private investment,but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. Recent city studies have concluded that with recent and future changes to US HWY 10/169,the downtown is in need of new ways to draw people to the core of downtown Elk River through festivals,events,existing and new businesses. The proposed sign will assist in drawing people into downtown Elk River to patronize local businesses,and support community events. This letter indicates my/our FULL support for this project. Denying this sign is going against all the time and money the City has invested thus far into the downtown and various community plans throughout the years. It also gives the impression the City does not support local business and has a negative impact on any pro-business atmosphere the City is trying to achieve. Thank you for your time. Sincerely, i•x Kacey Bottineau e� Add mind body one >'_; - 2. 13 City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Proposed Sign-Granite Shores Freestanding Sign 'To Whom It May Concern, Granite Shores is proposing to construct an electronic message board sign in front of their building located at 633 Main Street, Elk River MN. This sign will be utilized to advertise available space in the building, as well as businesses (within Granite Shores). In addition, Mr. Soderberg, owner of the Granite Shores property, is offering to utilize the sign (up to 20% of the time)to advertise community events downtown, including, but not limited to,Thursday concerts in River's Edge Commons, all Elk River Parks & Recreation events (Chalk-it-Up, Kidstock, Movies in the Park), Farmer's Market, Elk River Area Arts Alliance events, Reading Frenzy events, Downtown River's Edge Sidewalk Sales,Trick-or-Treat and Santa in the Park and McCoy's Annual St. Patrick's Day 5k for CAER. The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following:, numerous TIF districts, reinvestment through Microloans (Nicole's Salon, Daddy-Os, Blue Egg Bakery, Waterfall Salon, Olde Main Eatery, Diamond City Bread, Sweet P's Candies & Ice Cream, Nicole's Salon Pompeii Pizzeria, etc.), River's Edge Commons Park and recently Main Street Parking Plaza (includes acquisition/demolition of two buildings, and construction of new parking lot) . Not only has there been extensive public and private investment, but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. Recent city studies have concluded that with recent and future changes to US HWY 10/169,the downtown is in need of new ways to draw people to the core of downtown Elk River through festivals, events,existing and new businesses. The proposed sign will assist in drawing people into downtown Elk River to patronize local businesses, and support community events, in addition to promoting available vacant space downtown. This letter indicates my full support for this project. Denying this sign is going against all the time and money the City has invested thus far into the downtown and various community plans throughout the years. It also gives the impression the City does not support local business and has a negative impact on any pro-business atmosphere the City is trying to achieve. Thank you for your time. Respectfully Represe ative Nick Zerwas, District 30A lot - lemNerWagm 612.741.1619 1 Jennifer @pikurlWc.com 708 Main St, Sufte IA I Mk River,MN 55= City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Proposed Sign- Granite Shores Freestanding Sign To Whom It May Concern: Granite Shores is proposing to construct an electronic message board sign in front of their building located at 633 Main Street, Elk River MN. This sign will be utilized to advertise available space in the building, as well as businesses (within Granite Shores). In addition, Mr. Soderberg, owner of the Granite Shores property, is offering to utilize the sign (up to 20% of the time) to advertise community events downtown, including, but not limited to, Thursday concerts in River's Edge Commons, all Elk River Parks & Recreation events (Chalk-it-Up, Kidstock, Movies in the Park), Farmer's Market, Elk River Area Arts Alliance events, Reading Frenzy events, Downtown River's Edge Sidewalk Sales, Trick-or-Treat and Santa in the Park and McCoy's Annual St. Patrick's Day 5k for CAER. The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following;, numerous TIF districts, reinvestment through Microloans (Nicole's Salon, Daddy-Os, Blue Egg Bakery, Waterfall Salon, Olde Main Eatery, Diamond City Bread, Sweet P's Candies & Ice Cream, Nicole's Salon Pompeii Pizzeria, etc.), River's Edge Commons Park and recently Main Street Parking Plaza (includes acquisition/demolition of two buildings, and construction of new parking lot) . Not only has there been extensive public and private investment, but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. Recent city studies have concluded that with recent and future changes to US HWY 10/169, the downtown is in need of new ways to draw people to the core of downtown Elk River through festivals, events, existing and new businesses. The proposed sign will assist in drawing people into downtown Elk River to patronize local businesses, and support community events. -. G G -101 leWerftgner 612.741.1619 1 Jennifer @pikurflik.com 708 Main St.Suite IA ! Elk River,MN 55330 This letter indicates my FULL support for this project. Denying this sign is going against all the time and money the City has invested thus far into the downtown and various community plans throughout the years. It also gives the impression the City does not support local business and has a negative impact on any pro-business atmosphere the City is trying to achieve. Thank you for your time. Sincerely, 'C_ J nnifer L Wag er Owner & President Pik ur Flik, Inc. Open Reel Media, Inc. lh www.pikurflik.com www.facebook-com/pikurflik City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Proposed Sign-Granite Shores Freestanding Sign To Whom It May Concern, Granite Shores is proposing to construct an electronic message board sign in front of their building located at 633 Main Street, Elk River MN. This sign will be utilized to advertise available space in the building, as well as businesses (within Granite Shores). In addition, Mr. Soderberg,owner of the Granite Shores property, is offering to utilize the sign (up to 20% of the time)to advertise community events downtown, including, but not limited to,Thursday concerts in River's Edge Commons, all Elk River Parks & Recreation events (Chalk-it-Up, Kidstock, Movies in the Park), Farmer's Market, Elk River Area Arts Alliance events, Reading Frenzy events, Downtown River's Edge Sidewalk Sales, Trick-or-Treat and Santa in the Park and McCoy's Annual St. Patrick's Day 5k for CAER. The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following:, numerous TIF districts, reinvestment through Microloans (Nicole's Salon, Daddy-Os, Blue Egg Bakery,Waterfall Salon, Olde Main Eatery, Diamond City Bread, Sweet P's Candies & Ice Cream, Nicole's Salon Pompeii Pizzeria, etc.), River's Edge Commons Park and recently Main Street Parking Plaza (includes acquisition/demolition of two buildings, and construction of new parking lot) . Not only has there been extensive public and private investment, but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. Recent city studies have concluded that with recent and future changes to US HWY 10/169, the downtown is in need of new ways to draw people to the core of downtown Elk River through festivals, events, existing and new businesses. The proposed sign will assist in drawing people into downtown Elk River to patronize local businesses, and support community events. This letter indicates my/our FULL support for this project. Denying this sign is going against all the time and money the City has invested thus far into the downtown and various community plans throughout the years. It also gives the impression the City does not support local business and has a negative impact on any pro-business atmosphere the City is trying to achieve. Thank you for your time. Sincerely, City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Proposed Sign-Granite Shores Freestanding Sign To Whom It May Concern, Granite Shores is proposing to construct an electronic message board sign in front of their building located at 633 Main Street, Elk River MN. This sign will be utilized to advertise available space in the building, as well as businesses (within Granite Shores). In addition, Mr. Soderberg, owner of the Granite Shores property, is offering to utilize the sign (up to 20%of the time) to advertise community events downtown, including, but not limited to,Thursday concerts in River's Edge Commons, all Elk River Parks & Recreation events (Chalk-it-Up, Kidstock, Movies in the Park), Farmer's Market, Elk River Area Arts Alliance events, Reading Frenzy events, Downtown River's Edge Sidewalk Sales,Trick--or-Treat and Santa in the Park and McCoy's Annual St. Patrick's Day 5k for CAER. The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following:, numerous TIF districts, reinvestment through Microloans (Nicole's Salon, Daddy-Os, Blue Egg Bakery, Waterfall Salon, Olde Main Eatery, Diamond City Bread, Sweet P's Candies& Ice Cream, Nicole's Salon Pompeii Pizzeria, etc.), River's Edge Commons Park and recently Main Street Parking Plaza (includes acquisition/demolition of two buildings, and construction of new parking lot) . Not only has there been extensive public and private investment, but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. Recent city studies have concluded that with recent and future changes to US HWY 10/169,the downtown is in need of new ways to draw people to the core of downtown Elk River through festivals, events, existing and new businesses. The proposed sign will assist in drawing people into downtown Elk River to patronize local businesses, and support community events. This letter indicates my/our FULL support for this project. Denying this sign is going against all the time and money the City has invested thus far into the downtown and various community plans throughout the years. It also gives the impression the City does not support local business and has a negative impact on any pro-business atmosphere the City is trying to achieve. Thank you for your time. Sincerely, July L n 13 City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Proposed Sign-Granite Shores Freestanding Sign To Whom It May Concern, Granite Shores is proposing to construct an electronic message board sign in front of their building located at 633 Main Street, Elk River MN. This sign will be utilized to advertise available space in the building, as well as businesses (within Granite Shores). In addition, Mr. Soderberg, owner of the Granite Shores property, is offering to utilize the sign (up to 20%of the time)to advertise community events downtown, including, but not limited to,Thursday concerts in River's Edge Commons, all Elk River Parks & Recreation events (Chalk-it-Up, Kidstock, Movies in the Park), Farmer's Market, Elk River Area Arts Alliance events, Reading Frenzy events, Downtown River's Edge Sidewalk Sales,Trick-or-Treat and Santa in the Park and McCoy's Annual St. Patrick's Day 5k for CAER. The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following:, numerous TIF districts, reinvestment through Microloans (Nicole's Salon, Daddy-Os, Blue Egg Bakery, Waterfall Salon, Olde Main Eatery, Diamond City Bread, Sweet P's Candies & Ice Cream, Nicole's Salon Pompeii Pizzeria, etc.), River's Edge Commons Park and recently Main Street Parking Plaza (includes acquisition/demolition of two buildings, and construction of new parking lot) . Not only has there been extensive public and private investment, but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. Recent city studies have concluded that with recent and future changes to US HWY 10/169, the downtown is in need of new ways to draw people to the core of downtown Elk River through festivals, events, existing and new businesses. The proposed sign will assist in drawing people into downtown Elk River to patronize local businesses, and support community events. This letter indicates my/our FULL support for this project. Denying this sign is going against all the time and money the City has invested thus far into the downtown and various community plans throughout the years. It also gives the impression the City does not support local business and has a negative impact on any pro-business atmosphere the City is trying to achieve. Thank you for your time. Sincerely, Avalon Salon 706 Main Street NW Elk River,MN 55330 City of Elk River 763-441-4142 13065 Orono Parkway Avalonsalon.com Elk River, MN 55330 RE: Proposed Sign- Granite Shores Freestanding Sign To Whom It May Concern, Granite Shores is proposing to construct an electronic message board sign in front of their building located at 633 Main Street, Elk River MN. This sign will be utilized to advertise available space in the building, as well as businesses (within Granite Shores). In addition, Mr. Soderberg, owner of the Granite Shores property, is offering to utilize the sign (up to 20% of the time) to advertise community events downtown, including, but not limited to, Thursday concerts in River's Edge Commons, all Elk River Parks & Recreation events (Chalk-it-Up, Kidstock, Movies in the Park), Farmer's Market, Elk River Area Arts Alliance events, Reading Frenzy events, Downtown River's Edge Sidewalk Sales, Trick-or-Treat and Santa in the Park and McCoy's Annual St. Patrick's Day 5k for CAER. The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following:, numerous TIF districts, reinvestment through Microloans (Nicole's Salon, Daddy-Os, Blue Egg Bakery, Waterfall Salon, Olde Main Eatery, Diamond City Bread, Sweet P's Candies & Ice Cream, Pompeii Pizzeria, etc.), River's Edge Commons Park and recently Main Street Parking Plaza (includes acquisition/demolition of two buildings, and construction of new parking lot) . Not only has there been extensive public and private investment, but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. Recent city studies have concluded that with recent and future changes to US HWY 10/169, the downtown is in need of new ways to draw people to the core of downtown Elk River through festivals, events, existing and new businesses. The proposed sign will assist in drawing people into downtown Elk River to patronize local businesses, and support community events. This letter indicates my/our FULL support for this project. Denying this sign is going against all the time and money the City has invested thus far into the downtown and various community plans throughout the years. It also gives the impression the City does not support local business and has a negative impact on any pro-business atmosphere the City is trying to achieve. Thank you for your time. Sincerely, City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Proposed Sign- Granite Shores Freestanding Sign To Whom It May Concern, Granite Shores is proposing to construct an electronic message board sign in front of their building located at 633 Main Street, Elk River MN. This sign will be utilized to advertise available space in the building, as well as businesses (within Granite Shores). In addition, Mr. Soderberg, owner of the Granite Shores property, is offering to utilize the sign (up to 20%of the time) to advertise community events downtown, including, but not limited to, Thursday concerts in River's Edge Commons, all Elk River Parks & Recreation events (Chalk-it-Up, Kidstock, Movies in the Park), Farmer's Market, Elk River Area Arts Alliance events, Reading Frenzy events, Downtown River's Edge Sidewalk Sales,Trick-or-Treat and Santa in the Park and McCoy's Annual St. Patrick's Day 5k for CAER. The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following:, numerous TIF districts, reinvestment through Microloans (Nicole's Salon, Daddy-Os, Blue Egg Bakery, Waterfall Salon, Olde Main Eatery, Diamond City Bread, Sweet P's Candies & Ice Cream, Nicole's Salon Pompeii Pizzeria, etc.), River's Edge Commons Park and recently Main Street Parking Plaza (includes acquisition/demolition of two buildings, and construction of new parking lot) . Not only has there been extensive public and private investment, but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. Recent city studies have concluded that with recent and future changes to US HWY 10/169,the downtown is in need of new ways to draw people to the core of downtown Elk River through festivals, events, existing and new businesses. -f lie proposed sign will assist in drawing people into downtown Elk River to patronize local businesses, and support community events. This letter indicates my/our FULL support for this project. Denying this sign is going against all the time and money the City has invested thus far into the downtown and various community plans throughout the years. It also gives the impression the City does not support local business and has a negative impact on any pro-business atmosphere the City is trying to achieve. Thank you for your time. Sin , w al IL 14.9 ; 1�bl ELK k[VERAkEA June 18, 2013 Chamber of Commerce City of Elk River POWERING THE NATURE OF BUSINESS 13065 Orono Parkway Elk River, MN 55330 City Council Members: Over the past 18 months, the Elk River Area Chamber of Commerce has extensively studied the current City of Elk River sign ordinance. Our concerns about the sgn ordinance include the following: • Some inconsistencies due to updates over the years that may not have filtered throughout the entire ordinance making it difficult to understand and more difficult to enforce. • Numerous requests for variances and conditional use permits suggest that the sign ordinance needs modifications so that there are fewer exceptions to the rules needed to conduct business • New technologies have changed the landscape of signage and the current ordinance needs updating especially around the use of digital (changeable-copy) signs Our recommendations have been forwarded to City staff, Jeremy Barnhart and Cal Portner. It is our understanding that staff is working on its review of the City's sign ordinance this summer with help of their new intern. We are anxiously awaiting their results. Recently we have been approached to recommend support of the proposed sign request from Granite Shores. The sign that Granite Shores is requesting fits with our recommended changes to the current sign ordinance which indicates that "pylon, monument or free standing signs should be allowed in the downtown district for multi-tenant buildings". The purpose of signage is to help identify businesses for customers and vendors both current and prospective. In a multi-tenant building it is often difficult to identify which businesses are present. For this reason we believe it is in the best interest of continued economic development and general business promotion to allow signage that is easy to find and that identifies the tenants of the building to the public. We believe that the request from Granite Shores accomplishes this objective. This recommendation is supported by the Elk River Area Chamber of Commerce Board of Directors. Sincerely, Ben Bauman Board Chair Cc: Annie Deckert, Decklan Group Jim Soderberg, Granite Shores Jeremy Barnhart, City of Elk River Cal Portner, City of Elk River ELK RvER AREA CHAMBER OF COMMERCE 509 HIGHWAY 10 ELK PAVER MN 55330 WWW,ELKRIVERCHAMBER ORG VOICE(763)441-3110 FAX (763)441-3409 ERACC(&ELKRIVERCHAMBER.ORG Granite Shores Permanent Sign Application Background of Granite Shores On April 30, 2012,Jim Soderberg, president of Soderberg Apartment Specialists of Brooklyn Center, closed on the purchase of Granite Shores. Granite Shores is a four story mixed use building in downtown Elk River which has over 10,000 square feet of commercial space on the first floor, and 67 residential apartment units which encompass the top three fours of the building. These luxury apartments are complete with granite counters with oversized slabs, stainless steel appliances, stylish track lighting, washer and dryer in unit, heated underground parking and much more. Formally known as The Bluffs, this project went through foreclosure in 2006 and was acquired by MinnWest Bank. Only a handful of the 67 apartments units were completed, and for the most part, the building sat empty for several years until it was purchased by Soderberg Apartment Specialists. Since the purchase, all the apartment units have been completed, and Soderberg has been aggressive in his attempt to fill the commercial space. The residential portion of the building is 100% occupied. Soderberg Apartment Specialists is an active member in the Downtown River's Edge Business Association, not only supporting local businesses and community events, but worked with the Elk River Area Arts Alliance to find them a permanent home in Granite Shores. The community room in Granite Shores is often utilized (free of charge) by community organizations, included, but not limited to the Downtown River's Edge Business Association and Elk River Area Chamber of Commerce. Since their arrival in Elk River, Soderberg Apartment Specialists have quickly become active in the downtown and greater Elk River community, continuing to lend time and capital to projects which benefit downtown businesses and the community at large. Purpose of Sign Being located in close proximity and US HWY 10, Soderberg is proposing to construct an electronic message board free standing sign in downtown Elk River to not only advertise his commercial space, but to draw attention to beautiful downtown Elk River. Once constructed, Soderberg will donate up to 20% of the sign to be used to advertise downtown community events. These events include, but are not limited to: • Thursday concerts in River's Edge Commons, sponsored by The Bank of Elk River • All Elk River Parks & Recreation events (Chalk-it-Up, Kidstock, Movies in the Park) • Farmer's Market, sponsored by The Bank of Elk River • Elk River Area Arts Alliance ArtSoup event • Elk River Area Arts Alliance Annual Art Crawl • Downtown River's Edge Sidewalk Sales • Downtown River's Edge Santa in the Park • Downtown River's Edge Trick-or-Treat in the Park • Downtown River's Edge Pumpkin Roll • McCoy's Annual St. Patrick's Day 5k for CAER Because the electronic portion of the freestanding sign is larger than 30 square feet, a conditional use permit (CUP) is required by the city. We will begin this process once the appeal of zoning decision process is finished. Support for Sign Recent MNDOT studies funded by the city have shown that future transportation changes will have a major impact on the downtown, specifically, the accesses to the downtown will decrease, which makes it imperative that promotion and awareness for downtown Elk River is maximized. In fact, the Mississippi Connections Redevelopment Framework Plan states "the downtown area of Elk River is the oldest part of the city and has long been considered the heart of the city. This area, the businesses in particular, have seen shopping patterns change, impacting the successes of their businesses. Further, the downtown businesses...will be impacted by expected changes to Highway 10...unaddressed; these changes can be devastating to fragile neighborhoods and businesses that are important to the Community of Elk River". Permitting the construction of the sign will assist in promoting the future viability of the community. City Investment The City of Elk River has already invested a considerable amount of time and money into downtown Elk River which include, but are not limited to the following: • numerous TIF districts • reinvestment through Microloans (Nicole's Salon, Daddy-Os, Blue Egg Bakery, Waterfall Salon, Olde Main Eatery, Diamond City Bread, Sweet P's Candies & Ice Cream, Nicole's Salon Pompeii Pizzeria, etc.) • River's Edge Commons Park • Main Street Parking Plaza (includes acquisition/demolition of two buildings, and construction of new parking lot) Not only has there been extensive public and private investment, but city staff, outside consultants and businesses and downtown Elk River businesses have spent considerable time to ensure downtown Elk River thrives. In addition, permitting the sign will support endless goals and objectives outlined in multiple plans approved by the City of Elk River: Mississippi Connections Redevelopment Framework Plan This plan was finalized by staff in late 2012 to develop a plan to redefine downtown Elk River and promote future viability of the Elk River Community and intended to provide guidance to property owners, stakeholders and community leadership to position the area in such a way that strengthens the area to survive the impacts of time and change, methods to re-establish the downtown area as a destination and desirable area to do business. Additionally, the purpose of this plan was to encourage private re-investment and "enhancing opportunities for connections with the community". Permitting the proposed sign will help achieve the philosophy as outlined on the Executive Summary of the plan (pages 2-3) as outlined below. The philosophy points are listed in bold, with supporting italicized comments below each goal. 20 Year Vision- ...framework is designed by necessity to have a long term horizon for completion...however, should not serve as deterrence to starting the plan or waiting for ideal market conditions. Working hard in the first three years to establish momentum and excitement will serve to propel the vision forward with commitment and conviction. A community sign will assist in establishing momentum and excitement for the downtown and will serve to propel the vision forward with commitment and conviction. Redefine- ...the intent of the framework is to respond to time and market changes that have already occurred, and to redefine a context for present and future development/redevelopment opportunities, offering guidance and opportunity for the area to survive these changes, many of which establish a development pattern much different from what the area was formed under...redefine becomes both the vision and the intrinsic value of recognizing the need for careful and guided change. A community sign will not only respond to the changes that have already occurred(Granite Shores), but will assist the entire downtown in strengthening their survival with the future changes of US HWY 101169. As indicated in the philosophy, this will establish a development pattern much different than what the area was formed under, therefore, the proposed sign in front of a building built in 2004 is not having a negative impact on any perceived history of the downtown. The sign will assist in re-defining the greater downtown area by recognizing the need for additional business and community event and support to continue to draw people to the downtown. Core Downtown- the plan attempts to provide opportunities to draw people to the core downtown through festivals, markets, music events to promote the core as a destination, a characterization that will be more and more important as travel patterns evolve away from the direct access currently employed. A sign displaying community event information located mere feet from the intersection of US HWY 101169 and Main Street Elk River, and at the entrance of downtown Elk River, constructed of complementing building materials will welcome those when they enter not only downtown Elk River, but the city in its entirety. Additionally, the sign provides the opportunity to promote all downtown events, in turn, promoting the core as a destination, which is defined verbatim as a core philosophy of the downtown plan. Commitment to Implement- no redevelopment framework has value until commitment to implement is agreed upon Approved by the City Council and all other applicable parties in late 2012, this framework has value, and permitting the sign helps offset the total cost of public investment necessary to execute the plan and preserve and promote downtown Elk River. Additional supporting verbiage as pulled from the downtown plan: Characteristics of the Downtown • When asked; what the downtown should have but doesn't', task force members responded that the downtown should have informative signing. • When asked 'how do you know you're downtown', task force members indicated 'signage' as a response. • When asked 'what does downtown mean to you', task force members responded a 'balance of old and new' as a response. Goals of the Plan- Maximize long term public investments within the study area by encouraging significant amount of private investment in a way that benefits the community as a whole. The community sign represents significant private investment that benefits the community as a whole through the promotion of downtown, downtown businesses and community events. Elk River Vision and Goals Various staff members participated in a two-day visioning seminar in September of 2010 which resulted in setting a vision and four supporting goals for Elk River. These were approved by the City Council in October of 2010 and have subsequently been updated by staff to highlight key initiatives to be completed or reviewed. The vision and goals are utilized when constructing the budget and were utilized in the creation of the 2013 budget for Elk River. Permitting the proposed SIGN will help achieve three of the five goals as outlined below. The goal and definitions are listed in bold, with supporting italicized comments below each goal. Innovation- develop new programs and services to meet the needs of the community A community sign has been talked about over the years by staff- in fact, during a phone conversation with Mr. Barnhart and Ms. Deckert in February of 2013, Mr., Barnhart indicated the city had discussed the idea of having an electronic message board sign and would be open to the idea if someone was willing to build it for the city. This shows a need for this type of sign, permitting the sign would achieve developing a new service to meet the needs of the community. This sign would publicize and advertise all community events downtown. Community Development- enhance and expand and diversify public education and outreach A sign displaying community event information (a good portion of community events are held in downtown Elk River) will only enhance and diversify the city's current efforts to promote community events downtown Beautification- have attractive, welcoming streetscapes and city entrances and primary corridors, improve, revitalize, and invest in streetscaping along primary corridors and entrances A sign displaying community event information located mere feet from the intersection of US HWY 101169 and Main Street Elk River, and at the entrance of downtown Elk River, constructed of complementing building materials will welcome those when they enter not only downtown Elk River, but the city in its entirety. Per the MN Department of Transportation, in 2010, there were an average of 28,000 cars a day which crossed the intersection of Main Street and HWY 10, and an average of approximately 8,000 a day which crossed over Parish Avenue and Main Street in downtown Elk River. An attractive welcoming sign seen by that many people each day will bring awareness to the Elk River community, local businesses and community events, helping achieve the city's goal of investing along primary corridors and entrances to the city. Brand Implementation Plan Adopted in September of 2010, permitting the sign would assist in supporting/fulfilling the following as identified in Powered by Nature Brand Plan. Plan recommendations are bold and supporting text is italicized below. Champion Gateway Signage- during the branding process, it was observed and remarked upon that there was no sense of arrival in Elk River, and little, if any, attention to diverting traffic off the highways and into the downtown area- this is a poor economic development and marketing strategy given Elk River's opportunities and strategic location. Gateway signage creates a good first impression, signals arrival and raises curiosity among travelers; therefore it is recommended the city establish downtown arrival. The convergence of the highways at the turnoff into downtown Elk River must be optimized as a priority marketing and business opportunity. Seek collaboration to lobby for appropriate signage that helps driver's find their way into downtown Elk River. The proposed sign will clearly provide a sense of arrival into Elk River, and will divert traffic off highways into the downtown area, in addition to providing a good first impression. The proposed sign will clearly establish downtown arrival, and its proposed location is optimal, which takes advantage of this priority marketing and business opportunity and helps driver's find their way into downtown Elk River Elk River should consider a timed message during peak seasons when travelers go up north to maximize outbound marketing to non-residents A total of 20%of sign time will be devoted to messages about the Elk River Community. Downtown Elk River is the destination-focused center of community social life. While social living in Elk River is found in many places, the place where the community desires to congregate is the downtown- people speak of its role in an affectionate manner, but with mild disappointment (empty commercial space) The purchase of Granite Shores and no vacancy rate of the residential portion is helping to change this- the construction of the sign will draw light to the downtown and assist in filling the empty commercial space. Elk River's downtown serves as Elk River's sense of place and identity.This is, and should be, the center of Elk River's community voice. Proposed signage includes community brand, Powered by Nature 2013-2016 Economic Development Strategic Plan In September of 2012, the Elk River EDA authorized staff to utilize existing plan findings, recommendations and goals to create the 2013-2016 Economic Development Strategic Plan. Adopted in January 2013, permitting the SIGN would assist in supporting/fulfilling the following as identified in the Economic Development Strategic Plan. Goals/objectives are bold, with supporting italicized comments below each goal. Business Development- attract new businesses and support existing businesses to increase the city's industrial tax base, commercial base and employment base through the following strategies: • promote available sites, encourage business retention and expansion to grow existing commercial base with business recruitment and attraction techniques • diversify economic base to include a wide variety of retail and service industries, as well as fine dining opportunities The proposed sign will help promote the available commercial space in Granite shores, promote retaining and growing existing Elk River downtown businesses (commercial base) and in turn, diversify the economic base to include a wide variety of retail and service industries through the marketing of available space and community events-potential businesses will learn more about the community and the people generating activities downtown, therefore increasing the attractiveness of the available space. Community Brand- utilize community brand strategies to effect necessary changes to strengthen and enhance community image through the following strategies: • continue to implement and enhance marketing plan that reflects the Powered by Nature brand, identifies desired target market(s), and complements other local efforts to promote community internally and externally • maintain existing and build new community support for the Powered by Nature brand The proposed sign will enhance the marketing plan that reflects the Powered by Nature brand through the electronic messaging and permanent Powered by Nature verbiage on the SIGN. Additionally, the sign will help maintain existing and build new community support for the Powered by Nature brand through the brand awareness it will generate with those driving past the sign on Parrish Avenue, Main Street and US HWY 10. HLnC (iu -- ikink 73. (i5, (FRANKLIN) 20092 Edison Circle East Clearwater,MN 55320 320.558.3000.800.221.4144•fax 320.558.3004 "Outdoor Advertising SELLS for you all day,every day." OUTDOOR ADVERTISING November 18, 2013 To: Elk River City Council RE: Sign ordinance. Greetings Councilors, Attached is a copy of sign regulations for the I-2 zoning district, taken from the draft ordinance. I ask that you consider deleting paragraph f of section 30-875 (b) 4 (f) from the ordinance. This would eliminate the principle use language from the I-2 district only. Other zones would not be affected. There are only two I-2 districts within the city. This would allow limited opportunity for advertising signs in areas of need without the risk of an over population of signs. Thank you for your time and consideration. I look forward to further discussion. Respectfully, Steven L. Anderson Lease Manager 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 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 (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 02/11/2014 a� EIk River City of Elk RiVear Two Elk • Ease of understanding, clear in direction, r River and address areas where business community felt disadvantaged • Balance the needs of business community with goals of the city as a whole f y.I, 1 02/11/2014 Welts Elk • Organizational changes River • Expanded Area ID signs • Expanded Changeable Copy . .. • Wall signs — 10% Facade area • Temp signs — 56 SF • Billboards — 35 feet tall, base height • Window signs — vacant space 100% coverage Elk • Monument signs for multi-tenant facilities River • Regulated by building size, max 20' tall and 80 SF in sign area • Removed 32 SF wall sign maximum • Removed 24" wall sign height limit • Additional portable sign opportunities • Permit digital changeable copy signs f 2 02/11/2014 a� Elk �- • Reduce DD monument sign size to six feet River tall and 40 SF in sign area • Fits the pedestrian scale of DD i J ljj vim I ® ® .,'` Elk • The Planning Commission recommends River approval of the ordinance as drafted. Staff recommends approval with recommended changes. The CC may also continue action on the item or deny all or part of the proposed changes. f y.I, 3 02/11/2014 a� Elk River Questions Elk River t ! 000"' City of Elk RiVe4"r�� 1 4 02/11/2014 Elk River T�"7'-' 7 N iq. / r 15% 10% 5% Wall Sign Area Comparison 2 5 02/11/2014 a� Elk River 9% 10% 7% 5% low _ - . f, Elk River t 56 SF Temp Sign 19 SF Wall Sign 6 SF 6 SF Portable Sign Prof.Sign 50 SF Window Sign 137 SF Permitted Signage �].!�_-h;ry 6 02/11/2014 a� Elk _ R River ' Fa 3 .25% 10% Elk River s k' ICE CREAM - -BA rt ANOKA SILLWATER ELK RIVER FREESTANDING MONUMENT,10FEETTALL,40SF MONUMENT,EFEETTALL,30SF N/A 5 FOOT SETBACK 15 FOOTSETBACK WALL 200SF 1 SF PER LF FRONTAGE, 1 SF PER LF FRONTAGE NO MAXIMUM 32 SF MAXIMUM WINDOW 40% 33% 50% CABINET ? SAME AS WALL? N/A PORTABLE NO SANDWICH SIDEWALK SIGN, 1PER ENTRANCE, ANNUAL PERMIT,30-W 5FEET TALL,6 SF Y 9 J 1 B D 1 X 36"T i TEMPORARY 32 SF,90 DAYS 30 DAYS 48 SF,90 DAYS 7 02/11/2014 M yep Al- ' 7 } r_ t . I tr I IJJ J, Elk River i 1 I VA WPM 8 02/11/2014 Multi-Tenant TM P C ell f � ` �F. t• P STAFF DIAGRAM TO EVALUATE THE VISIBILITY OF R 1 9