7.4. SR 02-21-2017 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.4
Agenda Section Meeting Date Prepared by
Public Hearin s February 21, 2017 BrieAnna Simon, Planner
Item Description Reviewed by
Ordinance Amending the City's Sign Code as it Zack Carlton,Planning Manager
Relates to Permitted Signage and Enforcement, City Reviewed by
of Elk River
Cal Fortner, City Administrator
Action Requested
Adopt,by motion, an amendment to city ordinance relating to permitted signage and sign regulation
enforcement.
Background/Discussion
Case No. OA 17-01
Per City Council direction, staff reviewed the scope and sign enforcement procedures described in the
city's 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 what signs will be
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. Itis 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.
Enforcement
Staff continues to uniformly enforce temporary signs throughout the city. Enforcement and compliance
for temporary signs has been difficult to achieve at times due to the enforcement language in the
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 right-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:
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Sec. 30-856. - Notice of violation; order to repair or remove sign.
In addition to the remedies authorized in section 30-576, the city may cause the following actions to be
taken for violations of this Subdivision:
(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 is placed shall be
issued. This order shall 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:
(1) For a first violation, the responsible party shall correct 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 order.
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 asked to update the ordinance to allow pennants and festoons. The 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 permitted temporary sign under
subsection 30-867(h).
(f) Signs placed on 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.
Planning Commission Meeting
Following staff's presentation,Zack Anderson from Vanman Architects and Builders questioned the
definition of a sign. Mr. Anderson stated he did not consider a religious symbol to be a sign and would
Eke to see an additional definition for religious symbols apart from the sign definition. The Planning
Commission stated religious symbols are considered to be signage under the definition in the city code.
City code defines sign as "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."
The Planning Commission also asked what the definition of a trailer is, specifically as it related to
prohibited signs. The following is the anticipated definition to be included in the definition update this
summer:
Trailer means a vehicle, designed to be towed by a motor vehicle but not designed for human
occupancy and which may include,but not limited to, a utility trailer,boat trailer,horse trailer, or
tractor trailer.
The Planning Commission unanimously recommended approval.
Financial Impact
Publication costs
Attachments
■ Proposed Ordinance and Changes
■ Ordinance Amendment
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, placement, and physical dimensions of
signs within the different zoning districts,to recognize the commercial communication requirements of all sectors
of the business community, to encourage the innovative use of design, to promote both renovation and proper
maintenance, to allow for special circumstances, and to guarantee equal treatment under the law through accurate
recordkeeping and consistent enforcement.These shall be accompanied by regulation of the display, erection,use,
and maintenance of signs.
(b) Seope. This subdivision shall not felate to btiAding desigfi, nof shall this subdivision fegulate official tfaffie of
go-eeffifnent stgns; the copy and fnessage of signs; window displffys; pfocluet dispensefs and point of pttfehas
Of Constfueffon not defined as a sign in seefto 30 4.
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 quality of the environment.
(2) Signs provide an important medium that 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 communit -
The regulation of the physical characteristics of signs within the city has a positive impact on traffic safety
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 tide of§30-852 from "Purpose and
scope of subdivision" to "Purpose,scope,and findings of subdivision."
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) -�"en, in the opinion of the of desipftee, a violation of the code &6sts, the 6
administfatof, of designee, shall issue a wr±tten ofdef to eithef the ownef of the sign of the flne.
pfopeft�- on which the sign is placed. The ofdef shall speeiftthose sections of the code invol-ved, ShA
desefibe the-,4olation and shall difeet that the violation be coff-pet-ed witlq-iiq -30 da-vs ffofn the date of the ofdef,
(b) if-, upon inspection, the administfatof, of desig-nee, finds that a sign is abandoned of is stfuetufally o
feqa±nng fep�af of fefnov�d of the sign within 30 da-vs of the d o-F f,In-P of—deff.
(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 is placed shall be issued. This order shall
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 shall correct the violation within 30 days from date of the order.
For repeat violations within a calendar, 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-wad, or in any war endangering the public, the responsible party shall
correct the violation within 5 business days from date of the order.
(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 fide business, service, product, or activity or
for which no legal owner can be found.
(b) Pennants, feoofts-,–iInflatable balloons/displays, and searchlights; except as a permitted temporary sign
under subsection 30-867(h).
(c) Off-premises signs,except for advertising signs (billboards) specifically allowed by this chapter.
(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 subsection 30-873(b)(4).
(� Signs placed on vehieles of 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 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.
0) Rotating or moving signs.
(k) Unsafe or dangerous signs as determined by the city administrator,or designee.
(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;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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WAStfikethfoughs to be removed
Underlines to be added
City of
Elk -�-�
River
Ordinance 17 -
An Ordinance Amending Chapter 30 of the City of Elk River, Minnesota City Code
of Ordinances Regarding Signage
The City,Council of the City,of Elk River does hereby,ordain as follows:
SECTION 1. That § 30-582(b), Purpose, scope, and findings of subdivision of the City,of Elk
River Code of Ordinances shall be amended to read as follows:
Scope. This subdivision sha4l not relate to building design, nor sha4l this subdivision regulate
official traffic or goveffiment signs; the copy and message of signs;window displays;produc
dispensers atid point of purchase displays; scoreboards on athletic fields; flags of afly n-I*�
governmetit, or noncommer ial organizations;gra-vestones;barber poles; religious syrnbols,,
commemorative plaques; the display of street iattmbers; or any display or cons
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.
SECTION 2.That§ 30-856,Notice of violation; order to repair or remove sign of the City,of
Elk River Code of Ordinances shall be amended to 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) When,iti the opinion of the city adtninistrator, or desigzaee, a-,�:iolatioia of the code exists, the
city adtniiiistrator, or desigzftee, sha-4 issue a wntteti order to either the owner of the sign or
the owner of the property oft which the sign is placed. The order sha-4 specify those se-
of the code involved, sha4l describe the-,hoiation afid sha-4 direct that the violation-be
corrected withiti 30 days from the date of the ordef,
(b) if, _Y the city adtnitiistrator, or designee, fifids that a sign is abandotied or is
st—l-e-turAlly Of eelect-ica4ly defective, or iti any way endaiage rs the public, the-city
of the premises statifig the fiature of the violatio and requiring repair or removal of the S19ft
within 30 days of the date of the order.
(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 is
placed shall be issued. This order shall 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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Underlines to be added
(1) For a first violation, the responsible party shall correct 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
order.
SECTION 3.That§30-859, Prohibited signs of the City of Elk River Code of Ordinances shall
be amended to read as follows:
(b) Pennants, r,.,. oo , Inflatable balloons/displays, and searchlights; except as a permitted
temporary sign under subsection 30-867(h).
(f) Signs placed on vehicles o 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.
SECTION 4. 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 21 st day of February,2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
AVR
Last Updated March 2014