ORD 04-013
ORDINANCE 04 _13
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-866, 30-991, 30-992, 30-993 AND 30-994
OF THE CITY CODE OF ORDINANCES
RELATING TO SIGNS
Case No. OA 04-02
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-866 tided District Regulations, Sub. (7), (8), (9) and (10) of the
City of Elk River Code of Ordinances shall be replaced with the following:
Sec. 30-866. District Regulations
(7) One on-premises temporaI)' or portable sigo per premises, as allowed by the
director of planning or his desigoee for special events, grand openings or holidays.
Temporary or portable sigos are also subject to the following:
a. Sigos may not be displayed for more than 90 days per calendar year.
b. Sigos may not be displayed without a permit. Up to six permits per year may be
issued to a business, not to exceed the number of days allowed in subsection
(7)a of this section. Each permit must indicate the number of days the sigo is to
be displayed. For premises with multiple businesses, sigos must be located a
minimum of 100 feet apart. A fee and deposit at a level established by
ordinance adopted by the Elk River City Council is required. The deposit is
refundable if the sigo meets all requirements in this section and is removed on
time.
c. Maximum sigo size shall be limited to:
1. Thirty-two square feet if the adjacent roadway has a posted speed of 44
miles per hour or less; or
2. Sixty-four square feet if the adjacent roadway has a posted speed of 45
miles per hour or more.
d. Sigos must be located on property of the business with the special event 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 sigos for their fundraising
activities, provided that they obtain permission from the property owner. Sigos
from nonprofit organizations shall not be counted as one of the six permits
allowed to the property owner. Nonprofit organizations shall be limited to eight
sigos per event.
e. Sigos may not be placed in the right-of-way and must meet sigo setbacks.
f. Sigos must not be unsafe or dangerous and must be securely anchored.
g. On-premises construction sigos having a sigo area of 64 square feet or less are
permitted.
(8) No more than one permanent area identification sigo shall be allowed per
neighborhood, subdivision, or development. However, if the neighborhood, subdivision, or
development has entrances on arterial and/or collector roads, then a single area
identification sigo may be allowed at each of these entrances. Each sigo shall not exceed 16
square feet in sign area. The area identification sign shall be placed on the same premises as
the development which it identifies.
(9) One on-premises pennanent identification sign per apartment or condominium
complex, not to exceed 16 square feet in sign area.
(10) For permitted nonresidential uses, such as churches, synagogues, and schools, one
on-premises freestanding sign and one wall business sign, not to exceed 96 square feet in
total sign area. Where a zoning lot has in excess of 1000 linear feet of combined street
frontage, the total signage 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.
Section 2. Section 30-991 - R1 District(c) shall be amended to add the following:
(5) Signs as permitted in section 30-851 et seq.
Section 3. Section 30-992 - R2a District(c) shall be amended to add the following:
(4) Signs as permitted in section 30-851 et seq.
Section 4. Section 30-993 - R2b District(c) shall be amended to add the following:
(4) Signs as permitted in section 30-851 et seq.
Section 5. Section 30-994 - R3 T ownhome District(c) shall be amended to add the
following:
(4) Signs as permitted in section 30-851 et seq.
Section 6. Section 30-995 - R4 District(c) shall be amended to add the following:
(4) Signs as permitted in section 30-851 et seq.
Section 6. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 27th day of
August, 2004.
~~'
. .: '1
Steph e Klinzing
Mayor
1r~
JO~ 'dt
Ci Cl rk
s,\PLANNING\C"e Files\2004\OA 04-02 Cityo! ER Signs\Finol Ordinance.doc
Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
[:'C::Fcbeth MerrIe; ,
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as amended.
B) The printed -CScdlOO-.J:J.{ ~______
ORDINANCE 04 -13
CITYOFELK:alVER'
Al'{'OftDlNANCE OFTI1EClTY
OF,ELK :'RIVlilRAMENDING
i SECTIONS 80'S66,80-991,30-
992, 30c993 AND 30-994 OF THE
CITY CODE OF ORDIN,i\NCES
RELATINGTO.SlGNS '
CaseNQ,QA. 04~0~
The CityCouncii of; the "City Of
Elk River does hereby ordain 'as
fallows:, '" ,',j' . . .
Section 1. SectiQn aO-866 titled
District Regulations, Sub. (7), (8),
(9) and (10) of the City of Elk River
Cocieof . Ordinances shall be
replaced with the following:
Seq, 30-866.. District, RelNlations
. . (7) One' on~Ilremises temporary,
or portl'lplesign Per premisesias
allowed by the director Qfplanning
or his designe!! for special event&,
grand. openings . orholiday&.
Temporary or portable signs are
also subject to the, following:
a. Signs may not ,be displayed for'
more than 90 days per calendar
yel'lr. . ..'. " " ". ."". ",""
,b.' Signs.~aYnotb~'~i~pla.Yed
without a Permit; Up to six per-
mit&per yearrnay bei&sued, to.a
business, not to exceed the number
of daY'S allowed in subsection (7)a
of this sectiOli.,' Each permit must
indicate .tPll number of day& the
sign is to be d1lilPlayed. For prelllis"
es with multiple businesses, sign,s
must be located a minimum of 100
feet apart. A fee andciepolilit ata
'level eliltabBshed '.' by ordinance
adopted by the Elk ~iver. City
Councililil required. The depolilitis
refuJidabIe if the sigh meetlil all
requirements in.thilil section and ilil
removed 'On time. . , .
c. M~imum sign size shall be
Brill ted to:
1. Thirty.twQ square feet, if the
adjacent roadway>has, apostljd
speed of 44 miles per hdur or less;
or' '
2.' SiJi:ty-four '.squarefeetif the
adjacent' roadway' has' a posted
speed of 45 miles per hour or more.
d. Sighs mllst pelocated on prop-
erty of the business with the spe-
cial event.' and the. advertising
message must only relate'to pusi-
ness conducted. oI].' that, prelllises,
except that nQnprofitorcharitable
organiz~tions as defined by
Internal Revenue COde $ection
501(C)(3~, may have off-premises
signs, for' their fundraising' activi-
ties, provided ,that theyobtaiI;! per-
mission from j tIle' property owner.
Signs frbm ~QnprQf}t 8r~!lfizations
shall nQt Pe.cPuntecia~9I].e of the
six permit!! ~Pow~ciJQthe prOper-
ty. Qwner., Npnproflt organizatiOl:\s
shall be lilllited to eight signs per
event. . .
e.Sigusmaynotbe placed in the
right-of-way and . must meet sigh
setbacks. '
f. Signs must n.otbe unsafe or
dangerous 'and must be secilrely
anchQred: , '.
g. . . On-premises construction
signs having a sign area' Qf {it
square.feet or less are permHted. .
(S).NO more tl)an Qne permanent
area id~ntification .signlilhal~pe
allowed perneighborhooci, sUbdiyi-
sion,. or developm~n.t.Ho'Yever,if
the neighborllQod, lilUPdtviSion, or
dev~loPl!!enthas ... entrancesop.
arterialandlor collectQr' roacis,
'1lh~f1...l\'..sin ai~~nti~clltion
si~~,mIl.Y . w.eci, 'at ei!:ch,.,Qt'
t4e$~ ~n~r .~ach'$igh'}~fj~ir
not exceed ". ....... ...' are' f~etinsign,
area.. The area idlln.!iifi6atiOp.'sign
sh&l1 be phiced on the same'prem-
ises as tPedev~lQpmen.t which it
identifies. . ".
, (9) Oneqn.:premises..perffianent
identificatiop sifW per .1l'part~e:t1.t
orcop.~omin:iul!! compleJi:, noLto
excee~ 16 square teet in &ign ar~a.
(10) Fo~... perl!!itte~noI].residen-
tiaL use&, such as, churches;sYI}a-
go~es,ap.~ schQoJ~, on.e, on-prein-
isesfree~tanciinfj' sigp.&p.4'pp,e"(all.
busines& sign,~ottoe'll:c,eed.9{i
square fe~fjntotal sign.arll&:
Where l'l zOI].hig)~t~as in exce.ss of
1000 linl'\af feet.of combined street
frontage; , tpeitotal.lilignage . area
shall not exceed 19l<l square feet
withIJ.OmQ!'e 96 1Jare feet
per$ig-n. ." .... ndi . &ge
shall' p.o~;e~~e. fee
S~qt~qn*:.' .
Dist.q<:t(~)$ha
thefoll .
(5) 8i .' .n~~w,itPe~ i.~section
30-851 ets. ,\ .... ..... ..
Section .3;~l!~t~on80-99~" ~2a
Dist.qct(C') shall. !:1~aIl}endedtQl'lcid
the .following:'.3 < ','
(4) ..SifWsa!!pe~mitteci .in.se9tiQi'l
30~S51etseq. ..... j' ..' j.... ... ,', .
Section. 4; Seotion 30-99il ~:Rl<lb
District(c) lilhall be amended to add
thefollowing: .'. . ... '. . ".
. (tV 'Sign,sas permttteci ip:se~tion
30~851efseq.!
~~ctio:n. ..9'.. Sectioni8g-$94i,-R:3
Townhome'District(c)'shall be
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for 'J- successive weeks; it was first published
on Wednesday, the eJ,-J.. /1.d day of ~pfcrn~;/,
20 (') Lf , and was thereafter printed and published every
Wednesday to and including Wednesday, the
day of , 20_; and printed below
is a copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
a b c d e fg h ij k I m n 0 p q r s t u v w x y z
;u'~~~a~r-
Subscribed and sworn to before me on this 02 d I\d day of
~f)ll rnb-ev ,20
I ~
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space $ 5 Is, 6. q 0
(2) Maximum rate allowed by law for
the above matter $ ~ 3 LJ, -5 ()
(3) Rate actually charged for the
above matter
$ ;) 3Y . ~ D
amended to add the tOHOWlU15'
(4) . Signs as permitted in section
30-851 et seq. .
Section 6. Section 30-99.5 - R4
District(c)shaUbe amended t(J add
the-f~~Ie"fing:^ ''''" _--.,"02 ,,__,-
(4), Signs as permitted in section
30-851 et seq. .' .
Section 6: That this ordinance
shan take -effect upon publication
as provided by law.
Passed an.d adopted by the City
Council of the' City:' of Elk River
this 27th day of August, 2004.
Stephanie Klinzing
. Mayor
Attest:'
Joan Schmidt.
. City Clerk