4.2. PCSR 02-26-2019Request for Action
To Item Number
Planning Commission 4.2
Agenda Section Meeting Date Prepared by
General Business February 26, 2019 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Temporary Signs Zack Carlton, Planning Manager
Reviewed by
Ordinance Amendment, Case No. OA 19-02
Action Requested
Recommend, by motion, approval of the Ordinance Amendment as proposed.
Background/Discussion
While the City Council removed the deposit fee requirement for temporary signs, Section 30-867 still
states a deposit is required. This amendment will remove the deposit language.
Staff also recommends amending where temporary signs may be located. Currently, temporary signs are
only allowed on approve surfaces (concrete, asphalt, Class 5). In some cases, approved surfaces are
setback much farther than 10-feet, the standard parking setback. In order to treat all businesses and
residents equally, staff is proposing to add the following language:
If an approved surface is not located in a front yard or is farther than 10 feet from the front property line, the sign may be
located in a landscaped area and shall be setback 10 feet from property lines. The landscaped area around the temporary
sign must continue to be maintained while the sign is in place.
Staff also recommends that when a non-profit sign is installed for longer than 14 days, it shall count
toward that property's 90-day limit for temporary signage. The ordinance currently allows 30 days. This
will continue to allow non-profit organizations the ability to place signs in the community but will
minimize the duration they are up, helping reduce saturation of signage.
Council Meeting
If acted on, this item will go to the March 18, 2019, City Council meeting.
Attachments
Proposed Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Strikethroughs to be removed
Underlines to be added
Ordinance 19 - ____
An Ordinance Amending Section 30-867, District Regulations of the City of Elk
River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 30-867 (h), district regulations, of the City of Elk River Code of Ordinances
shall be amended to include the following:
The following signs are allowed in all districts:
(h) Temporary signs. One 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 forfeitedUnless exempt as indicated in subsection (5), a citation will be issued to
the property owner 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
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 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 14 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 sidewalks, fire lanes, and/or circulation drive lanes.
Approved surfaces include: asphalt, concrete, and class 5 or crushed concrete
compacted to a dust free surface. If an approved surface is not located in a front
yard or is farther than 10 feet from the front property line, the sign may be located
in a landscaped area and shall be setback 10 feet from property lines. The
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Underlines to be added
landscaped area around the temporary sign must continue to be maintained while
the sign is in place.
(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.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
th
Passed and adopted by the City Council of the City of Elk River this 18 day of March, 2019.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk