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7.5 PCSR 03-11-2014Request for Action To It Number Planning Commission 7.5 Agenda Section Meeting Date Prepared by Planning Items I March 11, 2014 Jeremy Barnhart, Deputy Director, CODD Item Description Reviewed by Request by City of Elk River for Ordinance Zack Carlton — Planner I Reviewed by Amendment relating to Billboards, Case No. OA 14 -01 — Public Hearing Action Requested Recommend, by motion, the draft ordinance as written. Staff does not recommend approval. Background /Discussion Through the development of the sign ordinance revision of 2013, there was much discussion regarding the desirability of adding opportunities for additional advertising signs (billboards) in the I -2 zoning district. Billboards are currently a permitted use in the C -3, I -1, and I -2 zoning districts, as the principal use, with location stipulations. The principal use clause requires the billboard to be removed when the property becomes more valuable for another more desirable use, (office building, manufacturing facility, etc.) and the owner elects to remove the sign in favor of the building. Without the principal use clause, there is no reason for the sign to be removed. At their meeting on February 18, the Council directed staff to prepare an ordinance that would permit a billboard as a second principal use on property in the I -2 zoning district with a Conditional Use Permit (CUP). The CUP allows for adjacent / interested persons and the City to review and comment on the proposed development. When a CUP is issued, the CUP runs with the land and so long as the conditions imposed are followed, the CUP remains valid. It is likely that with CUP protection, and the permissibility of a second principal use, a billboard will be in its location for 100 years. Financial Impact None Attachments • Draft ordinance • Billboard regulations in nearby municipalities p 0 W E H E I B Y A`. ,. • r Strikethfaughs to be removed Underlines to be added An Ordinance Amending Section 30 -875, entitled "l-2 medium industrial district" and Section 30 -1243, entitled "l -2 medium industrial district" of the City of Elk River, Minnesota, City Code to allow Advertising Signs (Billboards) as a Conditional Use in the 1 -2 Zoning District. The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 30 -875 (5) f - g of the City of Elk River Code of Ordinances shall be amended to read as follows: (5) Advertising signs (billboards), subject to the following: I g Shall only be allowed in I -2 zoned property adjacent to right -of -way for State Highways 10 and 169. SECTION 2. That § 30 -1293 (d) of the City of Elk River Code of Ordinances shall be amended to add new subsection (13) as follows: (d) Conditional user. Conditional uses in the I -2 district are as follows: "'13) Advertisin�� si ns �la.illboards:. i.zt accordance �vitb sec. 3C) -575 SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of March, 2014. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Last Updated March 2014 e Billboard Regulations in Nearby Municipalities Municipality Permitted Districts Permitted Type of Use Note Elk River Yes I -1, I -2 and C -3 Principal Use Must be removed if parcel is devoted to another principal use Big Lake No - Prohibits billboards in all zoning districts (sec. 1300.11) Otsego No - - Prohibits billboards in all zoning districts (sec. 20 -37 -4 (B) (3)) Ramsey No - - Prohibits billboards in all zoning districts (sec. 117 - 464 (1)) Sherburne County Yes Commercial and Industrial Principal Use Must be removed if parcel is devoted to another principal use (sec. 17 -2 (C)) Anoka Yes Industrial Permitted Permitted Use with size limitations based on building/ lot size (sec. 74 -454 (a)) Monticello No - Existing billboards classified as principal use, removed with development (sec. 4.5) Rogers Yes Special Industry Zone Conditional Use Conditional use with a 20.5 year time limit (sec. 113 -6) Albertville Yes Ag, Com, Ind Permitted Only Permitted within 100' of Ilighway 94 (sec. 10 -7 -6) Clear Lake Yes Commercial and Industrial Permitted City Council approves all billboard applications. Must be along major highway. (sec. 907.10) Coon Rapids Yes Commercial and Industrial Permitted Must be located along a highway corridor. (sec. 11 -2110) Maple Grove No Prohibits billboards in all zoning districts (sec. 24 -7 (b))