5.4 PCSR 01-24-2017
Request for Action
ToItem Number
Planning Commission5.4
Agenda Section Meeting DatePrepared by
Public HearingsJanuary 24, 2017BrieAnna Simon, Planner
Item Description Reviewed by
City of Elk River
Zack Carlton, Planning Manager
Ordinance amendment updating signage
Reviewed by
regulations, Case No. OA 17-01
Action Requested
Recommend, by motion, approval of an amendments to the citys ordinance as it relates to signage.
Background/Discussion
Per City Council direction, staff reviewedthe scope and sign enforcement procedures described in the
citys sign ordinance.
The sign ordinance does not regulate content of signage, rather the size, location, and permitting
requirements. However,this section of the code does not provide clear direction for wh
exempt from sign regulations, along with the intent of this regulation. Staff reviewed this section of the
code and proposes to update the scope of the sign ordinance to read as follows:
Sec. 30-852. - Purpose, scope, and findings of subdivision.
(b)Scope. It is not the purpose or intent of this Subdivision II to regula
any sign; nor is it the purpose or intent of this subdivision to
display not defined as a sign, or any sign which cannot be viewe
Staff continues to uniformly enforce temporary signs throughout the city. Enforcement and compliance
for temporary signs has been difficult to achieve at times due t
ordinance. The ordinance currently requires staff to give a property owner 30 days to remove or correct a
sign, temporary signs included, that is in violation of the city code or located within the righ-of-way. This
notification timeframe often outlasts the permit timeframe of 30 days. Staff reviewed this section of the
code to address how best to deal with repeat offenders and limit the amount of time a temporary sign can
be located in the public right-of-way before the city corrects the issue. The notice of violation section is
proposed to be updated, and read as follows:
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 actions to be
taken for violations of this Subdivision:
(a)If a violation of this Subdivision is identified by city adminis a written order to
either the owner of the sign or the owner of the property on whi
issued. This order shall specify those sections of this Subdivis
violation, and shall require that the violation be corrected in accordance with the timeframe
described below:
(1)For a first violation, the responsible party shall correct the v
of the order.
(2)For repeat violations within a calendar year,the responsible party shall correct the violation
within 5 business days from date of the order.
(3)For abandoned, structurally or electrically defectivesigns, the responsible party shall correct
the violation within 30 days from date of the order.
(4)For signs located in the right-of-way, or in any way endangering the public, the responsible
party shall correct the violation within 5 business days from da
Additionally through the enforcement process, staff found enforcing signs on vehicles parked for what
appeared to be the sole purpose of advertising, proved to be difficult. After receiving direction from the
City Council, staff removed the prohibition of vehicle signs parked for the sole purpose of advertising.
Parking trailers for advertising purposes is still prohibited.
Staff was also directed to update the ordinance to allow pennantThe prohibited sign
section is proposed to be updated, and read as follows:
Sec. 30-859. - Prohibited signs.
The following types of signs are prohibited in all districts:
(b)Inflatable balloons/displays, and searchlights; except as a permi
subsection 30-867(h).
(f)Signs placed on trailers which are parked or placed for the prim
except for lettering on buses, taxis, or vehicles operating duri the normal course of business.
Financial Impact
Publication costs
Attachments
Proposed Ordinance and Changes
Subdivision II. -Signs
Sec. 30-852. -Purpose, scope, and findings of subdivision.
(a) Purpose. The purpose of this subdivision shall be to coordinate the type,
signs within the different zoning districts, to recognize the co
of the business community, to encourage the innovative use of design, to promote both renovation and
maintenance, to allow for special circumstances, and to guarante
recordkeeping and consistent enforcement. These shall be accomparegulation of the display, erection, use,
and maintenance of signs.
(b) Scope. This subdivision shall not relate to building design, nor shall
government signs; the copy and message of signs; window displaysproduct dispensers and point of purchase
displays; scoreboards on athletic fields; flags of any nation, g
gravestones; barber poles; religious symbols; commemorative plaqisplay
or construction not defined as a sign in section 30-1.
Scope. It is not the purpose or intent of this Subdivision II to regulate the message displayed on any sign; nor is it
the purpose or intent of this subdivision to regulate any building design, or any display not defined as a sign, or any
sign which cannot be viewed from outside of a building.
(c) Findings.
The city finds:
(1) Exterior signs have a substantial impact on the character and qu
(2) Signs provide an important medium that may convey a variety of messages.
(3) Signs can create traffic hazards and aesthetic concerns, thereby
welfare.
(4) The city's zoning regulations include the regulation of signs inrovide adequate means of
expression and to promote the economic viability of the business
its citizens from a proliferation of signs of a type, size, loca
impact upon the aesthetics of the community and threaten the health, safety a
The regulation of the physical characteristics of signs within t
and the appearance of the community.
(Code 1982, § 900.22(1); Ord. No. 13-19, § 2, 12-16-2013)
Editor's note Section 2 of Ord. No. 13-19, adopted Dec. 16, 2013, changed the title of § 30-852 from "Purpose and
scope of subdivision" to "Purpose, scope, and findings of subdiv
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 actions to be taken for
violations of this Subdivision:
(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 eithe
property on which the sign is placed. The order shall specify thcode involved, shall
describe the violation and shall direct that the violation be co
(b) If, upon inspection, the city administrator, or designee, finds
electrically defective, or in any way endangers the public, the
written order to the owner of the sign and occupant of the premises stating the nature of the viol
requiring repair or removal of the sign within 30 days of the da
(a) If a violation of this Subdivision is identified by city administrator, or designee, a written order to either the
owner of the sign or the owner of the property on which the sign shall be issued. This ordershall
specify those sections of this Subdivision violated, shall describe the violation, and shall require that the
violation be corrected in accordance with the timeframe described below:
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(1) For a first violation,the responsible party shallcorrect the violation within 30 days from date of the order.
(2) For repeat violations within a calendar year, the responsible party shall correct the violation within 5
business days from date of the order.
(3) For abandoned, structurally or electrically defective signs, the responsible party shall correct the violation
within 30 days from date of the order.
(4) For signs located in the right-of-way, or in any way endangering the public, the responsible party shall
correct the violation within 5 business days from date of the or
(Code 1982, § 900.22(7)(G); Ord. No. 09-06, § 1, 7-20-2009; Ord. No. 13-19, § 2, 12-16-2013)
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 fid
for which no legal owner can be found.
(b) Pennants, festoons, iInflatable balloons/displays, and searchlights; except as a permi
under subsection 30-867(h).
(c) Off-premises signs, except for advertising signs (billboards) specif
(d) Signs imitating or resembling official government signs or signals.
(e) Signs attached to trees, utility poles, public benches, streetli
right-of-way, except signs as permitted in subsection 30-873(b)(4).
(f) Signs placed on vehicles or trailers which are parked or placed for the primary purpose of d
except for lettering on buses, taxis, or vehicles operating duri
(g) Signs suspended beneath a canopy, overhang, roof, or marquee without a minimum clearance from grade of
eight 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 ob or pedestrian visibility.
(j) Rotating or moving signs.
(k) Unsafe or dangerous signs as determined by the city administrato
(l) 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; Ord. No. 13-19, § 2, 12-16-2013)
State Law reference Signs resembling traffic control devices prohibited, Minn. Stats. § 169.07.
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