90-016 ORD
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.
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NOTICE OF PUBLICATION
CITY COUNCIL OF THE CITY OF ELK RIVER
ORDINANCE NO. 90-16
AN ORDINANCE AMENDING SECTION 900.22 OF THE
CITY OF ELK RIVER CODE OF ORDINANCES
RELATING TO SIGN REGULATIONS
The City Council of the City of Elk River hereby amends its City
Code of Ordinances and does ordain as follows:
Section 1. The Code of Ordinances Section 900.22 is
amended as it relates to computing sign area, types of
signage allowed by district, sign height and square
footage by district, and the addition and clarification of
definitions.
The above description of the Ordinance is a summary. A complete
copy of the ordinance revisions are available for review at the
office of the City Clerk at the Elk River City Hall and at the
Elk River Library.
Passed and adopted this 18th day of June, 1990.
Effective upon publication.,
L
Mayor James
,,' "7
lfz;&
Tralle
ATTEST:
lerk
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ORDINANCE 90 - 16
AN ORDINANCE AMENDING SECTION 900.22
"SIGN REGULATIONS
The City Council of the City of Elk River does ordain as
follows:
Section 1. That Section 900.22 "Sign Regulations", of
the Elk River Code of Ordinances be amended to read as follows:
909~22_~ SIGN ~EGULATIONS
1. Purpose and Scope
a.
Purpose
The purpose of this Section shall be to coordinate
the type, placement, and physical dimensions of the
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 record
keeping and consistent enforcement. These shall be
accomplished by regulation of the display, erection,
use, and maintenance of signs.
b.
ScoP.~
This section shall not relate to building design.
Nor shall the Section regulate official traffic or
government signs; the copy and message of signs;
window displays; product dispensers and point of
purchase displays; scoreboards on athletic fields;
flags of any nation, government, or noncommercial
organizations; gravestones; barber poles; religious
symbols; commemorative plaques; the display of street
numbers; or any display or construction not defined
as sign in Section 900.08(56) of the Elk River Zoning
Section.
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2. Definitions
For purposes of this Section, the terms listed below shall
be defined as follows:
Abandoned. Siqn: A sign which no longer identifies or
advertises a bona fide business, lessor, service, owner,
product, or activity, and/or for which no legal owner can be
found.
Aq(!'~_~.~JL-P.i_gn: A sign which identifies the numerical address
of the premises on which the sign is located.
Ag~~%_t~si~g_~~: A sign structure advertising an
establishment, merchandise, service, or entertainment, which is
not sold, produced, manufactured, or furnished at the property
on which the sign is located.
AJt~J;:atj,orr: Any change, reconstruction, relocation, or
enlargement of a sign, or of any of its component parts;
routine maintenance, the changing of movable parts of signs
which are designed for such changes, and the repainting of sign
copy and display matter shall not be deemed to be an alteration
within the context of this ordinance.
AnimateLSign: Any sign which uses movement or changes of
lighting to depict action or to create a special effect or
scene (compare "Flashing Sign").
Area Identification: A free standing or wall sign which
identifies a specific residential subdivision development
whether single-family or multi-family, or a commercial
development or an industrial park and which is located on the
same premises as the development which it identifies.
Awnjng: A shelter projecting from and supported by the
exterior wall of a building constructed of nonrigid materials
on a supporting framework (compare "Marquee).
Awninq S:lgn: A sign painted on , printed on, or attached
flat against the surface of an awning.
~at1ner _Si....91!: A sign made of fabric or any nonrigid material
with no enclosing framework.
Billboarq: SEE ADVERTISING SIGN.
BQJJlevardJiqrr :
a base flush to
structure.
Any stationary self-supported sign fixed to
the ground and not affixed to any other
It
~_\!J_Iet.;i,.n___.IiQ~.Kg: A sign which identities an institution or
organization on the premises of which it is located and which
contains the name of the institutional organization, the names
of individuals connected with it, and general announcements of
events or activities occurring at the institution or similar
messages.
~uilding and Zoning Administrator:
Administrator of the City of
representative.
The Building and Zoning
Elk River or designated
I~J,H~Jn~~~-.-J2!rec t;g!:.y :
specific businesses
park and which is
identified.
A sign which identifies the names of the
located in a shopping center or business
located on the premises of the center so
Bu~iness Si~__~~ysiness. Wall Sign: A sign which only
pertains to the use of the premises on which it is located.
~~_l:?in_~_~__p-i.sm: A sign or portion of a sign constructed to be
supported in substantial part by means of a separate box-like
structure; each segment of the sign message attached to one or
a group of supports.
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.QaIl.QPY__p.i9n: Any message or identification which is affixed
to a projection or extension of a building or structure,
erected in such a manner as to provide a shelter or cover over
the approach to any entrance of a store, building or place of
assembly.
CJ:Hmg~.~pJ,,~__QQJ2.L__pign~lltoJ.DfttiGJ: A sign on which the copy
changes automatically such as time, temperature, and stock
market indexes, but not to include message sign on a lampbank
or through mechanical means.
~hgnge~ble _.QQ12Y____Sj..gn__-LM~_mJ~ll: A sign on which copy is
changed manually rather than by automation.
~ill: Unless the context clearly discloses a contrary
intent, the word "City" shall mean the City of Elk River.
C.t~:tg,ran(:~____{ of _~j)_;i,gnl: The smallest vertical distance
between the grade of the adjacent street or street curb and the
lowest point of any sign, including framework and
embellishments, extending over that grade.
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.constructignJj,9n: A temporary sign erected on the premises
on which construction is taking place, during the period of
such construction, indicating the names of the architects,
engineers, landscape architects, contractors or similar
artisans, and the owners, financial supporters, sponsors, and
similar individuals or firms having a role or interest with
respect to the situation or project.
CQJ2Y: The wording on a sign surface in either permanent or
4It removable letter or picture form.
~J_;r~ytJ_Q:rHtl_pj.._9Jl: A sign erected on private property for the
purpose of directing pedestrian or vehicular traffic onto or
about the property upon which such sign is located / including
signs marking entrances and exits, circulation direction,
parking areas / and pickup and delivery areas / which does not
display advertising copy.
E1~_~tri_~~.i___pj,9Jl: A sign or sign structure in which
electrical wiring, connections, or fixtures are used.
.E5H::;f!.g~: The entire building front including the parapet.
Face of Sig~: The area of a sign on which the copy is placed.
_f.!3-F t_QQn~ :
pinwheels.
A string of ribbons, tinsel, small flags, or
Flashing sign: A sign which contains an intermittent or
sequential flashing light source used primarily to attract
attention other than changeable copy signs.
FreestandiM~-9-:rr: A sign supported upon the ground by poles
or braces and not attached to any building.
e front~e :_ The longest length of the property line of anyone
premise along the street or road on which it fronts.
.Frontage, BuildilJ.~: The length of an outside building wall
facing the street or road on which it fronts.
GQ:vernm~:l)t__Si,g1}._: Any temporary or permanent sign erected and
maintained by the city, county, state or federal government for
traffic direction or for designation of or direction to any
school, hospital, historical site, or public service, property,
or facility.
H~j,gJl~__LQ1__~-R_lgJ11: The vertical distance measured from the
highest point of the sign, to the grade of the adjacent street
or to the surface grade beneath the sign / whichever is the
greater distance.
Identi!icatio11--J?ign: A sign whose copy is limited to the
name and address of a building / institution, or person and/or
to the activity or occupation being identified.
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Illegal Sign: A sign which has not received a permit to be
installed or does not meet the requirements of this code and
which has not received legal nonconforming status.
J_Il!J!lJinaJ;_e<!_SJ_9:n: A sign with an artificial light source
incorporated internally or externally for the purpose of making
the sign message visible at night.
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I~~_:lde~t~l~tgn: A small sign, emblem, or decal informing
the pUblic of facilities or services available on the premises.
Lot: A parcel of land legally defined on a subdivision map
recorded with the county assessor or county recorder's office.
MgJllt~:n..fL~~~: For the purposes of this section, the cleaning
and painting of a sign in a manner that does not alter the
basic copy, design, or structure of the sign.
Mg_n~g~J:l: A sloped roof or roof-like facade architecturally
comparable to a building wall.
Mg;rg\,l~~: A permanent roof-like structure or canopy of rigid
materials supported by and extending from the facade of a
building (compare "Awning").
Marquee Sign:
structure.
Any sign attached to or supported by a marquee
M_1,.U::'_i;tl: A graphic design or decorative image not designed or
intended for advertising purposes, which is painted directly on
an exterior wall surface.
Ngm~plat~: A non-electric on-premise identification sign
giving only the name and address of an occupant or group of
occupants.
NQn-~gnf:m:-_IT.!Jll-9Jign: Any sign which lawfully existed prior
to June 18, 1990, the date of the adoption of this ordinance,
but does not conform to the requirements of this section.
Occupa:n..~~: The portion of a building or premises owned,
leased, rented, or otherwise occupied for a given use.
Painted Wall S,tgn: Any sign which is applied with paint or
similar substance on the face of a wall.
~~rap~t:
roofline.
The extension of a false front or wall above a
~~~t:r;~_on: For the purpose
corporation, association,
defined interest.
of this Section,
firm, partnership,
any individual,
or similarly
I?_QJi ticaJ Sign: For the purpose of this Section, a temporary
sign used in connection with any local, state, or national
election or referendum.
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:P.Q~~~Q.i~_._.~:i,,9Jl: Any sign designed to be removed and not
permanently affixed to the ground or to a structure or
building, such as changeable readaboard constructed of durable
goods.
P~~mj~e~: A parcel of land with its appurtenances and
buildings which, because of its unity of use, may be regarded
as the smallest conveyable unit of real estate.
'pr:i"Yp.j:~_<;l.le _.9r Event Sign: A temporary sign advertising
private sales or personal property such as "house sales/"
"garage sales/" and the like or private not-for-profit events
such as picnics / carnivals / bazaars / game nights / art fairs /
and craft shows.
Projectinq Sign: A sign / other than a wall sign / which is
attached to and projects from a building wall/more than six
(6) inches.
Real Estate Sign: A sign advertising the real estate upon
which the sign is located as being for rent, lease, or sale.
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RQQJ],in._~.: The highest edge of a roof or building parapet /
whichever, is higher, excluding any cupolas, pylons, chimneys,
or minor projections. On buildings with a parapet, higher than
three (3) feet above the height of the roof of the structure,
the roof line shall be limited to three (3) feet above the roof
of the structure.
RQ9f_Ri.9:n: A sign that is mounted on the roof of a building
or which is wholly dependent upon a building for support and
which projects above the roof line of a building with a flat,
gambrel or hip roof or the deck line of a building with a
mansard roof.
Bo't~tilliL_p.Jgn: A sign in which the sign itself or any
portion of the sign moves in a revolving or similar manner.
~~gn: 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.
S igD._Ar~~ :
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(1) Projecting or Freestanding signs: The area of a
freestanding or projecting sign shall be the area of the
largest face including its border area. If a sign has an
irregular shape or has open spaces within its border, the sign
area shall be the area of the smallest single rectangular
figure that encloses it. If the sign is composed of two or
more individual cabinets or other structures containing
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advertising messages, the sign area shall be the sum of all the
areas of the individual cabinets or structures including their
border areas. If a freestanding sign or sign structure is
constructed so that the faces are not back to back, the angles
shall not exceed ten degrees (100). If said angle is greater
than ten degrees (100), the total area of both sides added
together shall not exceed the maximum allowable sign area for
that district. If a freestanding sign or sign structure is
constructed so that the faces are back to back, if the distance
between the faces exceed two (2) feet, the total area of both
sides added together shall not exceed the maximum allowable
sign area for that district.
(2) Wall signs: The area of a wall sign shall be the area of
the advertising message and the border that encompasses it. If
the sign is composed of individual letters or symbols using the
wall as the background, the total sign area shall include the
area within a single contiguous perimeter composed of the
smallest single, rectangular figure that encloses the extreme
limits of the advertising message.
1empol;'~.!'~ign: A sign or advertising display constructed of
cloth, canvas, fabric, plywood or other light material and
designed or intended to be displayed at a site for a short
period of time.
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Us~: The purpose of which a building, lot, sign, or
structure is intended, designed, occupied, or maintained.
W.a.tl-.Sj.jID.: A sign attached to a building. This definition
includes individual letter and cabinet signs, and signs on
mansard.
Windg_w~iqn: A sign installed inside a window and intended
to be viewed from the outside.
3. ~~neral
All signs hereafter erected or maintained shall conform
wi th the provisions of this section and other ordinances and
regulations of the City.
a . ~.~rmi_tJL.Beq~i:r..ed
Unless otherwise provided by this Section, all signs
shall require permits and payment of fees as
described in paragraph 7 of this Section. No permit
is required for the maintenance of a sign or for a
change of copy on printed, or changeable copy signs.
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b . ~:r9JllP i ted_1LiJm~
The following types of signs are prohibited in all
districts:
( i )
Abandoned signs which no
advertise a bona fide
product, or activity or for
can be found.
longer identify or
business, service,
which no legal owner
(ii) Banners, pennants, festoons, and searchlights
except as a permitted temporary special event
sign under Section 4a (vii).
(iii) Signs imitating or resembling official traffic
or government signs or signals.
(iv) Signs attached to trees, telephone poles, pUblic
benches, streetlights, or placed on any public
property or public right-of-way.
(v) Signs placed on vehicles or trailers which are
parked or placed for the primary purpose of
displaying said sign except for portable signs
or lettering on buses, taxis, or vehicles
operating during the normal course of business.
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(vi) Signs suspended beneath a canopy, overhang,
roof, or marquee without a minimum clearance
from grade of eight (8) ft. in a vehicular way
or seven (7) ft. in a pedestrian way.
(vii) Any roof sign or sign erected above the roof
line of a building.
(viii) Any sign placed within thirty (30) feet of any
intersection that may obstruct motorist or
pedestrian visibility.
(ix) Rotating, flashing signs or animated.
(x) Unsafe/dangerous signs.
(xi) Painted wall signs.
(xii) Advertising signs - the amortization period
for such signs shall be a six (6) year
period ending 12/31/95.
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c. piRrl~J:Lot_Requiring Permits
The following types of signs are exempt from permit
requirements but must otherwise be in conformance
with all requirements of this section:
(i) On premise construction signs having a sign area
of sixty-four (64) square feet or less.
(ii) On premise directional/information signs having
a sign area of four (4) feet or less
(iii) Holiday decorations.
(iv) On premise nameplates having a sign area of four
(4) square fee or less
(v) Political signs, on premise private sale or on
premise event signs.
(vi) On premise real estate signs having a sign area
of six (6) square feet or less.
d.
Maintenance
All signs shall be properly maintained including
ground around sign. Exposed surfaces shall be clean
and painted if paint is required . Defective parts
shall be replaced on conforming signs. The Building
and Zoning Administrator shall have the right under
paragraph 7 (g and h) of this section to order the
repair of removal of any sign which is defective,
damaged, or substantially deteriorated.
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L_~h t i.n.9:
Unless otherwise specified by this Section, all signs
may be illuminated. However, no sign regulated by
this Section may utilized flashing or revolving
beacon lights.
f. ~hang~_~bl~___C.Q'pY
Unless otherwise specified by this Section, a sign
may use manual or automatic changeable copy.
g.
In.~~m~L:t:t:!k<;1j: iQ.D-_CI,.D1L.l.D- s U];J~.pc_~
All persons involved in the maintenance,
installation, alteration, or relocation of signs near
or upon any pUblic right-of-way or public property
which required the use of public property shall as a
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condition of the use of such public property for sign
work agree to hold harmless and indemnify the City,
its officers, agents, and employees, against any and
all claims of negligence resulting from such work
insofar as this Section has not specifically directed
the placement of a sign.
4.
Regulation of Signs By Zone
a. pj.gns_-12.ermi tte4._ill_~.ll._Z.on~p'
The following signs are allowed in all zones:
(i) All signs not requiring permits as set forth in
paragraph 3(c) of this section.
(ii) One (1) on premise temporary combination area
identification, construction and real estate
sign not to exceed ninety-six (96) square feet
in sign area or 15 feet in height for three
years after approval by the City of said project
unless an extension is granted by the City
Council. Such signs shall not be illuminated.
(iii) One (1) on premise non-illuminated real estate
sign per lot or premises, not to exceed six (6)
square feet in sign area. Such a sign must be
removed ten (10) days following closing, rental,
or lease.
(iv) One (1) on premise attached nameplate per
occupancy, not to exceed four (4) square feet in
sign area.
(v) Political signs are permitted in any zone. Such
signs shall be consistent with State Statute.
Political signs may be placed only on private
property and only with the permission of the
property owner. Such signs shall not be
illuminated.
(vi) On premise Directional/Information signs not to
exceed four ( 4) square feet per sign in sign
area.
(vii) One (1) on premise temporary or portable sign
and/or decoration per premises, as allowed by
the Building and Zoning Administrator for
special events, grand openings or holidays.
Such signs and decorations may be erected
fifteen (15) days prior to a special event or
holiday and shall be removed five (5) days
following the event or holiday.
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Special event signs and/or decorations are also
subject to the following:
Limited to one (1) time per year.
Signage can be a maximum of thirty-two (32)
square feet.
Must not be unsafe or dangerous.
Must be securely anchored.
Must be located on property of business with
special event and advertising message must
only relate to business conducted on that
premise.
Must meet sign setbacks.
Only one business per premise at a time can
have said special event sign.
A fifty dollar ($50.00) deposit is required
that is refundable if the sign meets all
requirements herein and is removed on time.
b. p_ign~_~~Lmitt~cLJn Residential R-l~-2A-L__-.-R::-_4-:a~=-L
~ - 4~Q!1~~_
( i) All signs as permitted in paragraph 4 (a) of
this section.
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(ii) One (1) permanent area identification sign per
neighborhood, subdivision, or development, not
to exceed sixteen (16) square feet in sign
area. The area identification sign shall be
placed on the same premises as the development
which it identifies.
(iii) One (1) on premise permanent identification sign
per apartment or condominium complex, not to
exceed sixteen (16) square feet in sign area.
(iv) For permitted nonresidential uses, such as
churches, synagogues I and schools ,one (1) on
premise freestanding sign and one (1) wall
business sign not to exceed ninety-six (96)
square feet in total sign area.
(v) Any combination of on premise freestanding and
wall mounted real estate signs for model homes
having a combined total sign area not to exceed
thirty-two (32) square feet. Freestanding signs
for model homes shall have a maximum height of
five (5) feet.
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(vi) One (1) on premise construction sign not to
exceed thirty-two (32) square feet in sign
area. Such a sign may be erected thirty (30)
days prior to beginning of construction and
shall be removed thirty (30) days following
completion of construction. Such signs must not
be illuminated.
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Except as otherwise provided all freestanding signs in
Residential Zones shall have a maximum height limit of
eight (8) feet and shall have a setback of ten (10) feet
from any public right-of-way.
c. .s.!<iN-P_R...E::RMITTEJL~:[N~0m1j:_RCIl\.~_.9-1L-_~ND. C-2 ZQ~[ES
The following signs are permitted in C-l and C-2 Zones:
(i) All signs as permitted in paragraph 4(a) of
this section.
(ii) One (1) permanent area identification sign
per neighborhood, subdivision, or development,
not to exceed sixty-four (64) square feet in
sign area. The area identification sign shall
be located on the same premises as the
development it identifies.
(iii)
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C-l Zones: One (1) on premise freestanding
business sign per premises, not to exceed one
(1) square foot in sign are for each linear foot
of street frontage up to a maximum of sixty-four
(64) square feet is permitted. Such signs may
not exceed the lower of the height of the roof
line or a maximum of twenty (20) feet.
Freestanding signs shall have a minimum setback
of ten (10) feet from any public right-of-way
measured to any portion of the sign, and a
minimum clearance of eight (8) feet over any
vehicular use area and any pedestrian use area.
C-2 Zones: One (1) on premise boulevard
business sign per premises, not to exceed one
(1) square foot in sign area for each linear
foot of street frontage up to a maximum of
thirty-two (32) square feet is permitted.
Boulevard signs not to exceed five (5) feet in
height and shall have a minimum setback of ten
(10) feet from any public right-of-way measured
to any portion of the sign.
(iv) One (1) on premise business wall/canopy sign not
to exceed sixty-four (64) square feet per
occupancy. Total square footage of wall signage
per premise not to exceed one (1) square foot of
sign area for each linear foot of the building
frontage. The sign must be aesthetically
pleasing, with materials similar to the building
constructed.
(v)
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Incidental signs, not to exceed one (1)
foot in aggregate sign area per occupancy are
permitted on premise.
(vi) Two (2) on premise construction signs not to
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(vii)
exceed an aggregate of sixty-four (64) square
feet in sign area for each street frontage of a
construction project. Such sign may be erected
thirty (30) days prior to beginning of
construction and shall be removed thirty (30)
days following completion of construction. Such
signs must not be illuminated.
One (1) on premise menu board per drive-up or
walk-up lane of a drive-in restaurant up to a
maximum of thirty-two (32) square feet each.
Menu boards are allowed a message on one side
only and can not contain an advertising message.
d. SJGNS_~~_RM.:L'.r-'J'_E.lL-I.N-.HIGHW~Y COMMERCIAL C-3 ZONE
The following signs are permitted in a C-3 Zone:
(i) All signs as permitted in paragraphs
4(a) of this section.
(ii) One (1) permanent area identification sign
per neighborhood, subdivision, or development,
not to exceed sixty-four (64) square feet in
sign area. The area identification sign shall
be located on the same premises as the
development it identifies.
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(iii)
Speed 1
Limit
30 MPH
>30 <55 MPH
55 MPH or >
on~) freestanding business sign per
pX.~Jnt~_~J?_.L__llQt._..__t9._.~X~~_~_g.._9_IJ,~_._{JJ._._~g1!.gX_~..._fQQJ:.__in
pj...9.P___q!'~fl__f.Q!,____.e~.~h__l.i._llear:__ foot 0 f_p_t reel
.:f~Q.nl9:.g~._J'!.ttJ:L.tlt~__t:.9..llQ.wj,ng_.J;.tj,QJ,Ll~_tj. O!l_~ :
Maximum 2
Height
Maximum 3
Sq. Footage
Increase for 4 Maximum 5
Multiple Tenants Sq. Footage
20 ft.
30 ft.
35 ft.
20 sq. ft.
20 sq. ft.
20 sq. ft.
104 sq. ft.
160 sq. ft.
210 sq. ft.
64 sq. ft.
110 sq. ft.
150 sq. ft.
1 Based on speed of adjacent Highway
2 Not limited by height of building
3 Single Tenant
4 For each Tenant beyond the first
5 Multiple Tenants
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(iv)
Freestanging_~n.LShClII hClve Cl_minil1J1!.m _.setbClc~
9J_terL_JJJU feet from anY_--'2!llLlic right-of-WilY
m~~ ~1!~~~ 0 -.--.91lY..__J?Q.:t:.t i 9_~:t._th~_._....p_i.9:..1l_L__.9Jl (,,"-__.9
mi_n.i.m'IJ.m___c..l~~_:ra!l_~~__ o.f__~i..ght..._HU feet over aI'lY
Y_~_hlc..1! :J,.g.J;:...JJ.~~_.~.:r_~_fl_~lnc;i_c.my__p~g~~_t~!~.l1__11$.~..._Cl_I.:..~~ .
Two (2) on premise business wall signs per
occupancy, not to exceed one (1) square foot in
combined sign area for each linear foot of the
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(v)
(vi)
(vii)
building frontage up to a maximum accumulation
of one hundred twenty-eight (128) square feet
per occupancy.
Incidental signs, not to exceed one (1) square
foot in aggregate sign area per occupancy are
permitted on premise.
Two (2) on premise construction signs not to
exceed an aggregate of sixty-four (64) square
feet in sign area for each street frontage of a
construction project. Such a sign may be
erected thirty (30) days prior to beginning of
construction and shall be removed thirty (30)
days following completion of construction. Such
signs must not be illuminated.
One (1) on premise menu board per drive-up or
walk-up lane of a drive-in restaurant up to a
maximum of thirty-two (32) square feet each.
Menu boards are allowed a message on one side
only and can not contain an advertising message.
e. SI~llS._:PERM:tTTEJL_:t_N INDJ1.s_'1'JUh~. I-1.-.AND I-..2...-Z91{ES.
The following signs are permitted in I-l and I-2 zones:
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(i) All signs as permitted in paragraph 4(a) of this
section are allowed in Industrial, I-l and I-2
zones.
(ii) One (1) permanent area identification sign per
neighborhood, subdivision, or development not to
exceed sixty-four (64) square feet in sign area.
The area identification sign shall be located on
the same premises as the development it
identifies.
(iii) One (1) on premise freestanding business sign
per premises, not to exceed two (2) square feet
in sign area for each linear foot of street
frontage up to a maximum of sixty-four (64)
square feet is permitted. Such signs shall not
exceed a height of twenty (20) feet. Where a
lot has in excess of three hundred (300) feet of
street frontage, one (1) additional freestanding
business sign will be allowed. These signs
shall be subject to the size and height
limitations of the first allowed freestanding
sign and may be placed no closer than one
hundred and fifty (150) feet to any other
freestanding sign on the same premises. All
freestanding signs shall have a minimum setback
of ten (10) feet from any public right-of-way
measured to any portion of the sign and a
minimum clearance of eight (8) feet above any
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vehicular use area and over any pedestrian use
area.
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(iv) One (1) on premise business wall sign per
occupancy, not to exceed two (2) square feet in
sign area for each linear foot of the building
frontage up to a maximum of one hundred and
twenty eight (128) square feet per occupancy is
permitted.
(v) Incidental signs not to exceed one (1) square
foot in aggregate sign area per occupancy are
permitted on premise.
(vi) Two (2) on premise construction signs not to
exceed an aggregate of sixty-four (64) square
feet in sign area for each street frontage of a
construction project. Such a sign may be
erected thirty (30) days prior to beginning of
construction and shall be removed thirty (30)
days following completion of construction. Such
signs must not be illuminated.
5. NONCONFORMING USE.
a.
~EGAL NONCONFORMINQ_q~.~.
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Existing signs which do not conform to the specific
provisions of this Section may be eligible for the
designation "legal nonconforming" provided that:
(i) The Building and Zoning Administrator determines
that such signs are properly maintained and do
not in any way endanger the public; and
(ii) The sign was authorized by a valid permit
or variance or complied with all applicable laws
prior to June 18, 1990, the date of adoption of
this Section.
b. LOSS OF LEGAL NONCONFORMING USE STATUS.
A legal nonconforming sign may lose this designation
if the sign is relocated, replaced, altered, or
damaged by more than 50%, other than for change of
copy or normal maintenance.
c . MAINTENANC~ A~P_K~~AIIL.Of._ NQNJ;_QNf._01U1Ili~LJI~~..__s.J GNS..
A legal nonconforming
requirements of this
maintenance, and repair.
sign is subject
Section regarding
to all
safety,
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6 . P I GLGQti~'rRUCT :Htl\L...s.~..EC IF I_C.~T IONQ_ .
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a.
GQMRL IAHG_E_..:~J_':t'lLBUl L)) I N(LAJ.'i12_E.LECTR l CAIL~OD_ES .
All signs shall be constructed in accordance with the
requirements of the State Building Code (1984)
codified at Minn. Stat. .lGB.59 ~~_~~~
b . AN:GIIQRJ~~_JtEQl[I:RE.MEHT. .
(i) No sign shall be suspended by nonrigid
attachments that will allow the sign to swing in
a wind.
(ii) All freestanding signs shall have self-
supporting structures permanently attached to
concrete foundations.
(iii) All portable signs on display shall be
braced or secured to prevent motion.
c.
SIGN WINP.-R~_:LSTANCE_REQUIEEJ-1:.KJi'1~.
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( i) Solid signs, other than wall signs, shall be
designed to withstand a wind load of seventeen (17)
pounds per square foot on any face, having a height
less than 30 feet and to withstand a wind load of 22
pounds per square foot on any surface having a height
in excess of thirty (30) feet.
(ii) Skeleton signs, other than wall signs, be
designed to withstand a wind load of seventeen (17)
pounds per square foot on the total face area of the
letters and all other sign surfaces less than thirty
( 30) feet in height and to withstand a wind load of
twenty-two (22) pounds per square foot on all
portions in excess of thirty (30) feet in height.
d. AlL:o;t':t'IONA,LS_I_GN CONSTRUCTION RE~tLIREMEl!':tS..
( i )
No sign shall be erected,
maintained so as to obstruct
required exit, window or door
means of egress.
constructed or
any f ire escape,
opening used as a
(ii) No sign shall be attached in any form,
shape, or manner which will interfere with any
opening required for ventilation, except that
signs may be erected in front of and may cover
transom windows when not in violation of the
provisions of the current Building or Fire Codes.
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(iii) Signs shall be located in such a way as to
maintain horizontal and vertical clearance of
all overhead electrical conductors in accordance
with present Electrical Code specifications.
(iv) Lighting shall be directed away from road
rights-of-way and adjacent dwellings.
7 . A12MJNISTR~TI_Q_N AND_E-liFORCEMENT.
a. ~9D_~_~Dt1INIST~ATOR.
The Building and Zoning Administrator shall process
applications for permits and variances, schedule
public hearings as required, and enforce and carry
out all provisions of this code. The Building and
Zoning Administrator is authorized to promulgate
procedures consistent with this function.
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The Building and Zoning Administrator is empowered,
upon presentation of proper credentials, to enter or
inspect any building, structure, or premises in the
City for the purpose of inspection of a sign and its
structural and electrical connections to ensure
compliance with all applicable codes and ordinances.
Such inspections shall be carried out during business
hours unless an emergency exists.
b.
APPLICATION FOR ~JlR~l~~.
Application for a permit for the erection,
alteration, or relocation of a sign shall be made to
the Building and Zoning Administrator upon a form
provided by the City and shall include the following
information:
(i) Name and address of the owner of the sign;
(ii) Street address or location of the property
on which the sign is to be located, along with
the name and address of the property owner;
(iii) The type of sign or sign structure as
defined in this Section; and
(iv) A site plan showing the proposed location
of the sign along with the locations and square
footage areas of all existing signs on the same
premises.
(v) Structural details as required.
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c.
I?~JiM:J TF.~E .
All applications for permits filed with the Building
and Zoning Administrator shall be accompanied by a
payment of the initial permit fee for each sign in
such amount as determined by City Council resolution
from time to time.
d. FE~MIT ISSUANCE OR DENIA~.
The Building and Zoning Administrator shall issue a
permit and permit sticker for the erection,
al teration, or relocation of a sign wi thin fourteen
(14) days of receipt of a completed application and
applicable fees provided that the sign complies with
all applicable laws and regulations of the City. In
all applications, where a matter of interpretation
arises, the more specific definition or higher
standard shall prevail.
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When a permit is denied by the Building and Zoning
Administrator, written notice shall be provided to
the applicant along with a brief statement of the
reasons for denial. The Building and Zoning
Administrator may suspend or revoke an issued permit
for any false statement or misrepresentation of fact
in the application.
e.
~~J~t1I 'L~QND I..'l'J_Q_<<-S-L_REFUNDS I_AND ~1!AL.'l'J E.s. .
(i) If a permit is denied, the permit fee shall be
refunded to the applicant.
(ii) If no inspections have been made and no
work authorized by the permit has been
performed, fifty percent (50%) of the permit fee
may be refunded to the applicant upon request,
provided that the permit and permit sticker are
returned to the Building and Zoning
Administrator within ninety (90) days of
issuance.
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(iii) A permit issued by the Building and Zoning
Administrator becomes null and void if work is
not completed within one hundred and eighty
(180) days of issuance. If work authorized by
the permit is suspended or abandoned for one
hundred and eighty (180) days, the permit is
thereby suspended, but may be reinstated with an
addi tional payment of one-half of the original
fee.
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(iv) If any sign is installed or placed on any
property prior to receipt of a permit, the
specified permit fee shall be doubled. However,
payment of the doubled fee shall not relieve any
person of any other requirement or penalties
prescribed in this Section.
f. pIGN INSPECTION.
(i) Any person installing, altering, or relocating a
sign for which a permit has been issued shall
notify the Building and Zoning Administrator
upon completion of the work. The Building and
Zoning Administrator may require a final
inspection, including an electrical inspection
and inspection of footings on freestanding signs.
(ii) The Building and Zoning Administrator may
require in writing upon issuance of a permit
that he be notified for inspection prior to the
installation of certain signs.
g. VIOLATI..9NS.
In addition to the remedies authorized in 900.46, the
City may cause the following action to be taken.
tit
(i) When, in the opinion of the Building and Zoning
Administrator, a violation of the code exists,
the Building and Zoning Administrator shall
issue a written order to either the owner of the
sign or the owner of the property on which the
sign is placed. The order shall specify those
sections of the code involved, describe the
violation and shall direct that the violation be
corrected within thirty (30) days from the date
of the order.
(ii) If, upon inspection, the Building and
Zoning Administrator finds that a sign is
abandoned or is structurally, or electrically
defective, or in any way endangers the public,
the Building and Zoning Administrator shall
issue a written order to the owner of the sign
and occupant of the premises stating the nature
of the violation and requiring repair or removal
of the sign within thirty (30) days of the date
of the order.
-
h.
REMQYA1______0-E_______S_lGlfS__J.X_____TJ1E___J3UI.lcPI_Ni7____ANP_______ZQ.NJllG
~j)J1TN_lS.TJ~..Al'PR. .
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The Building and Zoning Administrator may cause the
removal of any illegal sign, any sign remaining after
a business closes, or any sign not properly
maintained in cases of emergency, or after failure to
timely comply with written orders for removal or
repair. After removal or demolition of the sign, a
notice shall be mailed to the sign owner and owner of
the property where the sign was located stating the
nature of the work and the date on which it was
performed and demanding payment of the costs as
certified by the Building and Zoning Administrator
together with an additional fifty percent (50%) for
inspection and incidental costs.
If the amount specified in the notice is not paid
within thirty (30) days after mailing of the notice,
it shall become a lien against the property where the
sign was located and shall be certified as an
assessment against the property together with ten
percent (10%) interest for collection in the same
manner as the real estate taxes.
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The owner of the property upon which the sign is
located shall be presumed to be the owner of all
signs thereon unless facts to the contrary are
brought to the attention of the Building and Zoning
Administrator, as in the case of a leased sign.
For purposes of removal, a sign shall be deemed to
include all sign embellishments and structures
designed specifically to support the sign.
In case of emergency, the Building and Zoning
Administrator may cause the immediate removal of a
dangerous or defective sign without notice. Signs
removed in this manner must present a hazard to the
public safety as defined in Section 1305.0400 of the
State Building Code.
i. &~~.hL_S..
Any failure to respond to an application within
fourteen (14) days of receipt or to any decision
rendered by the Building and Zoning Administrator in
denying a permit or in alleging a violation of this
Section may be appealed as provided in Section 900.40.
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tit
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8. ~ON.J'L:r:C'rL-SEV~RABILITY, AND ErE~CTIVE D~TE.
a.
CQNF..LIC~.
If any portion of this Section is found to be in
conflict with any other prOV1S1on of any zoning,
building, fire, safety, or health ordinance of the
City Code, the provision which establishes the higher
standard shall prevail.
b. SEV~Jl_~BILJ___TY .
If any section, subsection, sentence, clause, or
phrase of this code, or its application to any person
or circumstance is held invalid by the decision of
any court of competent jurisdiction, the remainder of
this code, or the application of the provision to
other persons or circumstances is in effect and shall
remain in full force and effect.
S~ction 2. That this ordinance shall take effect and be
in full force from and after the date of its publication.
Passed and adopted this 18th day of June, 1989.
~ ~~/:7 /"
d/-/ /-1 v/ ~
... ~,:-,:);$V2~~ /1'/ -/-~~ ___
James A. Tralle, Mayor
ATTEST:
_~____t?_~~~~_____________
Patrick D. Klaers, City Administrator
Mfidavit of Publication
.
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
"~OTICE OF PUB~i;;
;c~eOUNCILOF " i' OF
}l" ' ELK RIVER
, ' ORDINANCE NO. ",,1'
: .....AN. ORDINANCE Aml:NPING ;
SECTION 900.22 OF TBECI'l'Y
of ELK RIVER COilE OF
"ORDINANCES RELA~'~
ON REGULATIONS
ityCouncil otthe City of Elk
'. .' ,h~by llmendsits City Cocht9r
Orllinancesand. does ordain.i'
follows:,' .. ','
Section 1. The Code df Ordinances
Section 900;22 is amended as it
relates to computing signarea,types
o(signage jlIlowed by district., $lgn "
height and square footage by district,
and the addition ,and clll.rillcati(lnof
definitions.
The above description of the
Ordinan~ is a summary. A complete
copy of the o~ revisions. are
available for review at the office of"';itj!
the City Clerk. at the Elk River C~'J' ,.' '
Hall and at ~eElkRiver Library, C '.
Passed ,and adopted this 18th day
of June, 1990. .
Effective ul}On t:=;r~~Trallc
ATTEST: ,
Sandy Thac:J<<lray,City qJerk,
(Jy4) , ,
, b~ tLL~.:n fJL.rn. 0...1")
being duly sworn, on oath says tha{~e/she is the publisher 0;
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A02, 331A07, and other applicaLle
laws, as amended.
(B) The printed QrdA(\o-..ne.,-t ~JO. go-Il.o
.
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for i . suc-
cessive weeks; it was fIrst published on Wednesday, the L/
day of ~ ul...~ ' 193.D.., and was thereafter
printed and ublish d on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a bed e fg h ij k 1m n 0 p q rs t u v w x y z
~~~
.+1-,
Subscribed and sworn to befor~e on this b - day of
ClA}..)t ,19vr6., ~
~~ YlI7 J~~~
Notary~ r::~io.:~ ~
;~ :I;' CINDY M. SCHIMINSKI ::
; - NO'TAPl -
t)UNTY l
mmls$iol'l e"p"ts June 10. I Gila :
.
RATE
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$
$
$
33,7S-
iCJ,qs--
/9. CL:;'