87-033 ORD
.
APPROVED SUMMARY OF ORDINANCE 87-33
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
FOR THE CITY OF ELK RIVER PROVIDING FOR
THE REGULATION OF THE PLACEMENT TYPE AND
CONSTRUCTION OF SIGNS WITHIN THE CITY OF ELK RIVER
The City Council of the City of Elk River has adopted the
following as a summary of the essential elements of Ordinance
87-33- and an explanation of the intent and the effect of this
ordinance. The full text of Ordinance 87-33 is available for
public inspection at the city offices located at 720 Dodge
Avenue.
The purpose of this ordinance is to coordinate the type,
placement and physical dimension of signs within different
zoning districts; to recognize commercial communication
requirements of all sections 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.
The ordinance does not relate to building design nor traffic or
governmental signs. The ordinance does not regulate the copy
and message of signs.
.
The types of signs are defined and classified. All signs
hereafter erected or maintained are required to comply with the
sign ordinance restrictions and to have a permit.
Certain signs that are prohibited in all districts include:
abandoned signs, banners, unofficial traffic or government
signs, unauthorized signs attached to trees or public property,
signs placed on vehicles except incidental to business, signs
suspended beneath a canopy, roof signs.
All signs are required to be properly constructed and
maintained.
The following signs are allowed in all zones: construction
signs, temporary promotion signs for new developments, real
estate signs, name plates, political signs, information signs,
certain window signs, and temporary special event signs.
In residential zones the following signs are permitted: area
identification signs, identification signs, business signs for
non residential use.
In the commercial zones the following signs are permitted: any
signs permitted in a residential district, freestanding
business signs, business wall signs.
.
Advertising signs, for the advertisement of activities or
products not available on the premises where the advertising
sign is located may only be placed in commercial or industrial
zones.
.
.
.
All signs must meet certain performance standards relating to
wind loads and compliance with building, electrical and fire
code provisions.
The ordinance is administered by the zoning officer who is
authorized to issue the required permits. The ordinance also
provides for a procedure by which the building and zoning
administrator may direct the removal of a nonconforming sign.
BY ORDER OF THE CITY COUNCIL
~'..iJ}j~ ~~ A~~f
Estelle E. Gunkel, Mayor
GEK:BJ7s
.
.
.
ORDINANCE 87- 33
AN ORDINANCE ADOPTING THE 1987
SIGN ORDINANCE FOR THE CITY OF ELK RIVER
The City Council of the City of Elk River does ordain as follows:
I. That the Code of Ordinances shall be amended by the repeal
and deletion of the provisions of Section 900.08(55)-(63),
inclusive.
II. That the Code of Ordinances for the City of Elk River shall
be ammended by deleting 900.22 and substituting in lieu
thereof the following text:
900.22
- SIGN REGULATIONS.
1. PURPOSE AND SCOPE.
a.
PURPOSE.
The purpose of this Section 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 record keeping and consistent enforcement.
These shall be accomplished by regulation of the
display, erection, use, and maintenance of signs.
b.
SCOPE.
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 as sign
in Section 900.08(56) of the Elk River Zoning Section.
2. DEFINITIONS.
For purposes of this Section, the terms listed below shall be
defined as follows:
ABANDONED SIGN: 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.
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.
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PAGE 2
ADDRESS SIGN: A sign which identifies the numerical
address of the premises on which the sign is located.
ADVERTISING SIGN: A sign structure advertising an
establishment, merchandise, service, or entertainment, which
is not sold, produced, manufactured, or furnished at the
property on which sign is located.
ALTERATION: 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.
ANIMATED SIGN: 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 SIGN: A free standing or wall sign
which identifies a specific residential subdivision develop-
ment whether single-family or mUlti-family, or a commer-
development or an industrial park and which is located on
the same premises as the development which it identifies.
AWNING: A shelter projecting from and supported by the
exterior wall of a building constructed of nonrigid
materials on a supporting framework (compare "Marquee).
AWNING SIGN: A sign painted on, printed on, or attached
flat against the surface of an awning.
~ANNER SIGN: A sign made of fabric or any nonrigid
material with no enclosing framework.
BILLBOARD: SEE ADVERTISING SIGN.
BULLETIN BOARD: A sign which identifies an institution or
organization on the premises of which it is located and
which contains the name of the institution or organization,
the names of individuals connected with it, and general
announcements of events or activities occurring at the
institution or similiar messages.
~QILQ!NG AND ZONING ADMINISTRATOR: The Building and Zoning
Administrator of the City of Elk River or designated
representative.
PAGE 3
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BUSINESS DIRECTORY: A sign which identifies the names of
specific businesses located in a shopping center or business
park and which is located on the premises of the center so
identified.
BUSINESS
pertains
located.
SIGN OR
to the
BUSINESS WALL SIGN:
use of the premises
A sign which only
on which it is
CABINET SIGN: A sign or portion
be supported in substantial part by
like structure; each segment of the
one or a group of supports.
of a sign constructed to
means of a separate box-
sign message attached to
CHANGEABLE COR.L-.m:S?R.~bJ119~TI~1:
copy changes automatically on a
mechanical means.
A sign on which the
lampbank or through
CHANGEABL~_.~QPY__~lGN___JMANUAI,l: A sign on which copy is
changed manually rather than by automation.
CITY: Unless
intent, the
River.
the
word
context
"City"
clearly discloses a
shall mean the City
contrary
of Elk
.
CLEARANCE (OF A SIGN): 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.
CONSTRYCTION SIGN: 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.
COPY: The wording on a sign surface in either permanent
or removable letter or picture form.
DIRECTIONAL SIGN: 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.
ELECTRICAL SIGN: A sign or sign structure in which
electrical wiring, connections, or fixtures are used.
.
FACADE: The
parapet.
entire
building
front
including
the
PAGE 4
.
FACE OF SIGN:
placed.
The area of a sign on which the copy is
FESTOONS: A string of ribbons, tinsel, small flags, or
pinwheels.
FLASHING SIGN: A sign which contains an intermittent or
sequential flashing light source used primarily to attract
attention other than changeable copy signs.
FREESTANDIN!'L_~.!S;!'I: A sign supported upon the ground by
poles or braces and not attached to any building.
FRONTAGE. The longest length of the property line of any
one premise along the street or road on which it fronts.
FRONTAGE, BUILDING: The length of an outside building
wall facing the street or road on which it fronts.
GOVERNMENT SIGN: 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.
.
HEIGHT ~_~ SIGN1: The vertical distance measured from
the highest point of the sign, to the grade of the adjacent
street or the surface grade beneath the sign, whichever is
the greater distance.
IDENTIFICATION SIGN: 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.
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.
ILLUMINATEQ~GN: A sign with an artificial light source
incorporated internally or externally for the purpose of
making the sign message visible at night.
INCIDENTIAL_ SIGN: A small sign, emblem, or decal
informing the public of facilities or services available on
the premises.
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PAGE 5
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LOT: A parcel of land legally defined on a subdivision
map recorded with the county assessor or county recorder's
office.
MAINTENANCE: 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.
MANSARD: A sloped roof or roof-like facade
turally comparable to a building wall.
MARQUEE: A permanent roof-like structure or canopy of
rigid materials supported by and extending from the facade
of a building (compare RAwning).
architec-
MARQUEE SIGN: Any sign attached to or supported by a
marquee structure.
NAMEPLATE: A non-electric on-premise identification sign
g1v1ng only the name and address of an occupant or group of
occupants.
.
NON-CONFORMING s~g~:
prior to December
ordinance, but does
section.
Any sign which lawfully existed
8, 1987 the date of adoption of this
not conform to the requirements of this
OCCUPANCY: The portion of a building or premises owned,
leased, rented, or otherwise occupied for a given use.
?bJN~ED___WALL SIGN: Any sign which is applied with paint
or similar substance on the face of a wall.
PARAPET: The extension of a false front or wall above a
roofline.
PERSON: For the purposes of this Section, any individual,
corporation, association, firm, partnership, or similarly
defined interest.
POLITICA~_SIGN: For the purpose of this Section, a
temporary sign used in connection with any local, state, or
national election or referendum.
PORTABLE .~IG~: Any sign designed to be removed and not
permanently affixed to the ground or to a structure or
building, such as changable readaboard.
.
PREMISES:
buildings
regarded
estate.
A parcel of land
which, because of
as the smallest
with its
its unity
convey able
appurtenances and
of use, may be
unit of real
Page 6
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I
I
I
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PRIVATE SALE OR 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.
PROJECTING SIGN: A sign, other than a wall sign, which
is attached to and projects from a building wall, more than
six (6) inches.
REAL
which
sale.
ESTATE SIGN:
the sign is
A sign advertising the real estate upon
located as being for rent, lease, or
ROOFLINE:
whichever,
chimneys,
parapet,
roof of
three (3)
The highest edge of a roof or building parapet,
is higher, excluding any cupolas, pylons,
or minor projections. On buildings with a
higher than three (3) feet above the height of the
the structure, the roof line shall be limited to
feet above the roof of the structure.
.
ROOF SIGN: A sign that is mounted on the roof of a
building or which 1S 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.
ROTATING SIGN:
portion of the
manner.
A sign in
sign moves
which the sign itself or any
in a revolving or similar
SIGN: 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.
.
SIGN AREA: (1) Projecting or Freestanding Signs: The
area of a freestanding or projecting sign shall be the area
of the largest face of any double or multi-faced sign.
If the sign is composed of one or two individual cabinets,
the sign area shall include border area equal to the area of
the letter facing area. If the sign is composed of more than
two (2) cabinets, the area enclosing the entire perimeter of
all signs within the smallest single, rectangular figure
shall be the area of the sign.
(2) Wall Signs: The area of a wall sign shall be the area
within a single, continuous perimeter composed of the
smallest single, rectangular figure which encloses the
extreme limits of the advertising message. If the sign is
composed of individual letters or symbols using the wall as
the background the total sign area shall include border area
equal to the combined areas of the individual figures.
.
.
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PAGE 7
TEMPORARY SIGN: A sign or
of cloth, canvas, fabric,
and designed or intended
short period of time.
advertising display constructed
plywood or other light material
to be displayed at a site for a
USE: The purpose
structure is
maintained.
of which
intended,
a building,
designed,
lot, sign,
occupied,
or
or
WALL SIGN:
more than
definition
signs, and
A sign attached parallel to and extending not
six (6) inches from the wall of a building. This
includes painted, individual letter, and cabinet
signs on mansard.
WINDOW SIGN: A sign installed inside a window and
intended to be viewed from the outside.
3 . GENERAL.
All signs hereafter erected or maintained shall conform with the
provisions of this section and other ordinances and regulations
of the City.
a.
PERMITS REQUIRED
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.
b.
PROHIB!!ED SIGNS
The following types of signs are prohibited in all
districts:
(1)
Abandoned
advertise
product,
owner can
signs which no longer identify or
a bona fide business, service,
or activity or for which no legal
be found.
(ii) Banners, pennants, festoons, and search-
lights except as a permitted temporary
special event sign under under section 4a (vii).
.
c.
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PAGE 8
(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.
(vi) Signs suspended beneath a canopy, overhang,
roof, or marquee.
(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.
SIGNS NOT REQUIRING PERMITS
The following types of signs are exempt from permit
requirements but must otherwise be in conformance with
all requirements of this section:
(1) Construction signs having a sign area of
sixty-four (64) square feet or less.
ii) Directional/Information signs having a sign
area of four (4) square feet or less.
(iii) Holiday decorations.
(iv) Nameplates having a sign area of four (4)
square feet or less.
(v) Political signs, private sale or event signs.
(vi) Real estate signs having a sign area of six
(6) square feet or less.
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.
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PAGE 9
d.
MAI~ENANCE.
All signs shall be properly maintained. 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
(i) of this section to order the repair or removal of
any sign which is defective, damaged, or substantially
deteriorated.
e. LIGHTING.
Unless otherwise specified by this Section, all signs
may be illuminated. However, no sign regulated by this
Section may utilize flashing or revolving beacon
lights.
f . CHANGEABL~ COPY.
Unless otherwise specified by this Section, a sign may
use manual or automatic changeable copy.
g.
INDEMNIFICATIQ~h~P-1~SUBA~~~.
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 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 SlGNS BY ZONE.
a. SIGNQ_R~RM..ITTED IN ALL ZONES.
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) temporary combination area identi-
fication, construction and real estate sign
not to exceed ninetY-Six (96) square feet in
sign area or 15 feet in height for three
years or until the subdivision is eighty-five
percent (85%) built, whichever, first occurs.
Such signs shall not be illuminated.
PAGE 10
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( iii)
One (1) non-illuminated real estate sign per
lot or premises,
square feet in sign
removed ten (10)
rental, or lease.
not to exceed six (6)
area. Such a sign must be
days following closing,
(iv) One (1) 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 not be erected more than
sixty (60) days prior to the election or
referendum concerned and shall be removed ten
(10) days following such election or
referendum. 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) Directional/Information signs not to exceed
four (4) square feet per sign in sign area.
.
One (1) 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. For grand openings
such signs may be displayed for no more than
fourteen (14) days.
b. SIGNS PERMITTED IN RESIDENTIA]. R-l.L....R::2A.L R-:2B, R-3,
R-4 ZONES.
(vii)
The following signs are permitted in R-l, R-2a, R-2b, R-
3, and R-4 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 sixteen (16)
square feet in sign area. The area
identification sign shall be placed on the
same premises as the development which it
identifies.
(ii i)
One (1) permanent identification sign per
apartment or condominium complex, not to
exceed sixteen (16) square feet in sign area.
.
.
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c.
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PAGE 11
(iv)
For permitted nonresidential uses, such as
churches, synagogues, and schools, one (1)
freestanding sign and one (1) wall business
sign not to exceed ninety-six (96) square
feet in total sign area.
(v) Any Combination of 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.
(vi) One (1) 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.
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.
SIGNS PERMITTED IN COMMEB~lb~~-l.L~=~-'_ b.m> C-4 ZONES
The following signs are permitted in C-l, C-2, and C-4
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 identifi-
cation sign shall be located on the same
premises as the development it identifies.
(iii)
One (1) freestanding 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 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. Free-
standing 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.
PAGE 12
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(iv)
Two (2) business wall signs per occupancy,
not to exceed one (1) square foot in combined
sign area for each linear foot of the
building frontage up to a maximum accumula-
tion of one hundred twenty-eight (128) square
feet per occupancy .
(v)
Incidental signs, not to
square foot in aggregate
occupancy are permitted.
exceed one (1)
sign area per
(vi) Two (2) 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 constru-
tion. Such signs must not be illuminated.
d. SIGNS PERMITTED IN HIGHWAY COMMERCIAL, C-3A AND C-3B
ZONES
The following signs are permitted in C-3A and C-3B
zones:
. (i) All signs as permitted in paragraphs 4 ( a)
and (c) of this section.
(ii) Advertising sign erected or maintained more
than four hundred (400) lineal feet distant
from another advertising sign. Such
advertising signs shall not contain more than
two (2) signs per facing, nor exceed
fifty-five (55) feet in total length or
thirty-five (35) feet in height. Such
advertising signs shall only be allowed on
C-3A and C-3B zoned property adjacent to
right-of-way for State Highway number 10 and
169.
.
.
.
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PAGE 13
e.
SIGNS PERMITTED IN INDUSTRIAL I-I AND 1-2 ZONES.
The following signs are permitted in I-I and 1-2 zones:
(i) All signs as permitted in paragraph 4(a) of
this section are allowed in Industrial, I-I
and 1-2 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) 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 vehicular use
area and over any pedestrian use area.
(iv) One (1) 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)
exceed
sign
one
area
(1)
per
Incidental signs not to
square foot in aggregate
occupancy are permitted.
.
(v i)
(vii)
PAGE 14
Advertising signs: Such advertising signs
shall not be erected or maintained within
four hundred (400) lineal feet of another
advertising sign. Such advertising signs
shall not contain more than two (2) signs per
facing, nor exceed fifty-five (55) feet in
total length of thirty-five (35) feet in
height. Such advertising signs shall only be
allowed in industrial zoned property adjacent
to right-of-way for State Highways number 10
and 169.
Two (2) 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 constru-
tion. Such signs must not be illuminated.
5. NONCONFORMING USE.
a.
LEGAL NONCONFORMING USE.
.
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 December 8, 1987, the date of adop-
tion 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. MAINTENANCE AND_R~PAnt Q~ ~ONCONFORMING USE SIGNS.
A legal nonconforming sign is
requirements of this Section
maintenance, and repair.
subject
regarding
to all
safety,
.
6.
SIGN CONSTRUCTION SPECIFICATIONS.
a. ~OMfLIANCE WJT!L!t!:Jl1,.!:>lNG_h,ND_. J!l~EC~~ICAL CODES.
All signs shall be constructed in accordance with the
requirements of the state Building Code (1984) codified
at Minn. Stat. .16B.59 et seq.
.
b.
PAGE 15
(i)
ANCHORING REQUIREMENT.
(ii)
(iii)
No sign shall be suspended by nonrigid
attachments that will allow the sign to swing
in a wind.
All freestanding signs shall have self-
supporting structures permanently attached to
concrete foundations.
All portable signs on display shall be braced
or secured to prevent motion.
c. SIGN WIND RESISTANCE REQUIREMENT.
(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, shall
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. ADDITIONAL SIGN CONSTRUCTION REQUIREMEETS.
(i) No sign shall be erected, constructed or
maintained so as to obstruct any fire escape,
required exit, window or door opening used as
a means of egress.
(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.
(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.
.
.
PAGE 16
ADMINIS~RA~!9~~~~ ENFORCEMENT.
a. CODE ADMINISTRATOR.
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.
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 PERMITS.
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;
{i i}
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.
c. PERMIT FEE.
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.
Page 17
PERMIT ISSUANCE OR DENIAL.
The Building and Zoning Administrator shall issue a
permit and permit sticker for the erection, alteration,
or relocation of a sign within 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.
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. PERMIT CONDITIONS, REFUNDS, AND PENALTIES.
.
.
(i) If a permit is denied, the permit fee shall
be refunded to the applicant.
(ii)
(iii)
(iv)
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.
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 additional payment
of one-half of the original fee.
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.
PAGE 18
.
f.
pJGN~JNSPECTION .
(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. VIOLATIONS.
In addition to the remedies authorized in 900.46, the
City may cause the following action to be taken.
(i)
When, in the op1n1on 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 defec-
tive, 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. REMOVAL OF SIGNS
~_ _____.!WMJNISTRATOR.
BY___.~!i~__.. J:3.!JIL!>]:}1!L-.}\l@_ _~9NIN~
.
The Building and Zoning Administrator may cause the
removal of any illegal sign or any sign not properly
maintained in cases of emergency, or after failure to
timely comply with written orders for removal or
PAGE 19
.
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 (50) percent 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.
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,
Administrator may cause
dangerous or defective
removed in this manner
public safety as defined
State Building Code.
the Building and Zoning
the immediate removal of a
sign without notice. Signs
must present a hazard to the
in Section 1305.0400 of the
i.
APPEALS.
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.
8. CONFLICT, SEVERABILITY, AND EFFECTIVE DATE.
a. ~ONFLICT.
If any portion of this
conflict with any other
building, fire, safety,
City code, the provision
standard shall prevail.
Section is found to be in
provlslon of any zoning,
or health ordinance of the
which establishes the higher
.
.
.
.
PAGE 20
b.
SEYERABILITY.
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.
That this Ordinance shall be in force and effect from and after
its publication.
Passed and adopted this
30th._._day of November_, 1987
fJ . Ilr-',) ~ 17
{dztLLJ:_~ /~z~
Estelle E. Gunkel, Mayor
ATTEST:
~~2~
Patrick D. Klaers, City Administrator
Affidavit of Publication
e
APPROVED..sUMMARY....e~;\...t:
f.. ORDINANCE $'7-33..'" rltt...... .
>>~Dc:gr~~=~iTBEf
i CITY OFELK:a.nOOt PROVIDING FOR
\ ;.=~=c~~l~g~;.,......
'} ............?~~s~:&=.,...;~;~J\;. .'
a~:~i~ecroii~i!J~C~?;~t~...
essential element8'of ~ee.~1.~3 ~d an
. . explanatiOn.of.tbeintentand th4t,etT~.ofthiB'
'J)rdinance..theful1~ci,~8~-~iS
i... ".avail.able. ,11. or. .''PU.bliC;. ..'~pect.lon'. _...t.. ..th........~...C1. ty. . of" ,
\ . flees loCated at 140 I>ocfge~d.,..,;,.
I i.Th~ purpo~ oftbiJlol'dmailC:~:~.~~rdi-
I.; .....11atethety~, plBcementaD,d.phy&ical dimen:
:....~. '.' , .... .;. .Lt_...;. ditTere. nf sonin:e:districtB;
8l0J1.o..~mW1WUu. . .' '.',..
ij,tol'C)(iOgnizc(:Co11iaiCirc:lal~.liUUu . .' .a~iOn r&- .'
t. f quireme~t8'>orjll},.spctio~.~~,,!}iePllsiness
(.....:. communitytt() encourageth~ 1I11?-oyative .UBe of
1. )(design; to J1rolJ1C)te botl1re,n9;rafio"; and proper
l>. malnte.. nan. ce. ~~to" 'al.lo" .Jo~.~~al\:.C:ll'CIJ.m-
." . '. . ..,(. .d.IL..h..... ara n" .~.j=~..l treatment
.' Bt~nees;an,w~...... ""l~ .' .
..underthe..lavitltroughac:cu~,~~P~11g
.' '.. and C:OliBtstep.tenfOJ'lleDl~~ ;:">f'."'" '.
. . ~.ordi~'cloeanotrelateto~Udmg
\,'deBip,norl.ia,(t'lC'orgOve."' ..ntal~~LThe
Lord1na~.~,~P:9!;?,' . "~.~py.~.nd
~"~~~~~='~' .~l;~~i~trtccl.
;"AlIslg"na. h~~.erectedo~.~~are
'~l1ii;ed:>t.Ci';coD1p1y' \Yit1i}he;.i~.o.idillance
: .' I'<<lStrictiona alld to have .a pe~t..~' .'. . . ,
,'Cert.a. in.sign. ......that.are..pro. ..:li1b.. ited. .m.all. .diB-......
.tricts . include:' abandoned..,.igna, .baDJlln'~"
._1 .. '~;:'il1n~
~~, 'tic
e
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.~.t
~t'Si~~.
}~~Th8fo~~ s~are'al1o:~iJl.:ri zo~e.:
t ~=~~:~a;i~p;;~;reB~:::;:
name" pla~ .' . pQIitlCal: mgns".infol'lAAtlOn
signil, eertain~\Ylliao',VStgnll~~~pb~~
special event,sign..'/':" .......... "" .... '., .f'.... "
.' . In: l'<<lSidential zones the follo\Yllig signa are
:. . permitted:. areaideptilication signa, identili-
I,' catio~8ign~ buBineBB signs Co~non-residen~
: " tial use..,' ..' ....:.'.; '.' .:' ..' .": ".(
'.In the cormnerC!.al Jones the following signs
I..... are ~it.tecl: any 8igna;~ttedin a,resi-
dential district, freestanding. busineBB signs, ,
\ busineBB wall signs. ,.'; .
Advertising signs, for the advertisement of
activities or produc:tB not available on the
pretniBeS where the Jldverti~ sign. is 1~~
\ :a~:~ybe Pl~dinCO~~ial..o~md~~na1
All sigDB must meet Certain perfonnance
BtandardSrelating to wind loads and compli-
'anee with building, electrical and tire code
pro~:i~~an~ i$ ~drntni.~.~y the ~n.
ling omcer who is authorized ta l8Bu~ th~ re-
aUired permits. The orciinance also proVldes
(or a p!ocedure by which the building and
zoning ad1niniBtrator'may direct the removal
. 'or a nonconforming sign.THE CITY' COUNCIL
I . BYORDEROFT .
~,':."'!;r;:}'::r ...: ,." E(i;:r~;:, Gwikelt ~r
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
being duly sworn, on oath sa s that he/she is the publisher or
authorized agent and employee of the publisher of the news-
paper known as The Elk River Star News, and has fuIl know-
ledge of the facts which are stated below:
(A) The newspaper has complied with all of the requirements
constituting qualification as a qualified newspaper, as pro-
vided by Minnesota Statute 331A.02, 331A.07, and other
applicable laws, as amended. ~
(B)Theprinte~ C~A>/1~ 1~
whic is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I
s~~sive weeks;~ first published on Tuesday, the
- day of ~ , 195?:1,andwas
thereafter printed and published on every Tuesday to and
including Tuesday, the day of
19_; and printed below is a copy of the lower case alpha-
bet 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 bcdefghij k Imnopqrstuvwxyz
~~~~
BY: 70~
TITLE:
. . I ()-t!2
Subscnbe44.nd sworn to before me on this
day of 'k:)..Q,(\~ ,192:1-.
jcltA.~Vll.~/l\~
(I~m
Notary PublicO
f~7~~' .~~~~~7:#H..~"''-f
~..< .!-~O~1\~X ~~~:'~~~S~~~ ~
~ '.~~~1fY "}tN'(fK"K'CbUNTY -
. ...s.... ...... My CommiSSIon Expires June 10 199:1 ~
(1) Lowest classified~F4~##u ',-,un, ., j
- . .""",.
commercial users for comparable
space
$ tQ,4<f-
(2) Maximum rate allowed by law for the
above matter
$ 3S:00
(3) Rate actually charged for the above
matter
$
35,00