6.5. & 6.6. SR 07-10-2006
Item # 6.5. & 6.6.
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Clark, Community Development Director
DATE: July I 0, 2006
SUBJECT: Planning Items
Tllis Inemoralldulll covers agellda itelns 6.5 and 6.6 and SOllle additional planning item
discussion points.
Item 6.5-Discussion on the "4 for 40" provision of the Zoning Ordinance, and its
extension (e.g." 8 for 80") was directed to the work session by the Council after action on
tIle Carverwood Hills prelilnillary plat. Attached are nlenlOS from the City Attorney and
the COUI1Cil actioll page fro In tile May 1, 2006 llleeting regarding the same.
Item 6.6- The PlaI1l1iIlg COlllll1ission discussed several items at their June work session,
includillg reglllatiol1S 011 above ground pools and temporary signs.
Above grOUlld pools - with tile illcreased nlarket sales of above ground pools staff
has had public inquiries regardiIlg wlletller tIle City regulates their installation. At
this time, the State buildillg regulations require a permit for pools above 24"
inches in heigIlt and City ordinance states that if a permit is required, then a fence
I1eeds to be constlucted except for pools that are 48" inches or higher (the
apparent assumption is that the pool walls operate as the fence). The Planning
Conunissiol1 was of tI1e OpiIlion tllat a fence should not be required si11ce tIle
pennitting allows the City to 4 ensure that other safety features can be put into
affect suell as removable ladders, fold-up ladders, etc. Also attached is tIle
Planning Con1lllission staffreport tI1at will be reviewed at their July 11, 2006
meeting.
Temporary signs - the City Council has asked that the Planning Commission
review the Ordinal1ce's provisions regarding temporary signs as these types of
signs have almost become "permanent" in some parts of the community. One of
the issues is tllat tIle currellt Ordinallce allows an individual bllsiness, as opposed
city Council \Y/ orksession
July 10,2006
Page 2
to a property, a temporary sign for up to 3 months in a given year. The current
Ordinance effectively allows each business in a multi-tenant building to have 3
months of signage, which in turn, allows the overall property to have "temporary
signage" for the entirety of the year. The Planning Commission made a number of
changes including amending the time for temporary signage annually from 90
days to 30 days and signage is allocated per property and not the individual
businesses. Attached is the Planning Commission staff report that will be
reviewed at their July 11, 2006 meeting.
Cluster Development BonuslNRI- staff is in the process of reviewing the Natural
Resource Inventory's (NRI) task force's work plan to investigate changing the City
Ordinance to allow density transfer, or some other type of mechanism, in order to save
valuable natural resources identified within the NRI study. Staff has this on our work
plan but it will take a few months to write a recommendation and for review by the NRl.
With the hiring of a new Planning Manager, staff is in the process of developing an 18
month work plan and the NRI process will take a top priority.
S:\Community Development\Scott Clark\ Worksession-July 10, 2006.doc
ILE C
City of EII< River Item Number
REQUEST FOR COUNCIL ACTION 6.1.
Agenda Section I Meeting Date Prepared by
I
Planning I May 1, 2006 Scott Clark, Community Dev. Director
Item Description Reviewed by
Request by Jason Huber for Preliminaly; Plat ...~pprov.al or
Carvelwood Hills, Public Hearing - Case 1\'0. P 06-01
Introduction
On ~A..pril17, 2006 the City Council reviewed and continued this item until the May 1,2006 City Council
meeting. The concern by some Council members \X7as the extension of the "410t5 for 40 acre" ZOnLl1g
provision and allo\X;jng the applicant to ha\re a "5 for 50" (the past Council ~-\ction Request and
supporting infonnat1on is attached). The City ./ittorney has submitted a written opinion on tbis subject
statLi1g that the extension or adchtionallots based on ten acre units is a correct interpretation or the
Ordinance. (.l\.ttached)
Discussion
From a planning srandpOh"1t the concept of allo~ring "smaller" lots, in this case allO\;\ring the 53 acre
Ca1\Ter\\!ood subdivision to have rour 2.5 acre minimum lots mth a large 41 acre parent parcel, is logical.
The parent parcel ~TjJl be further subdivided at the rime (2008) when the zoning minimum changes from
10 acres to 2.5 acre lots. It is important to note that the density over the entire 53 acre remahl.s at one lot
per ten acres; it is only the lot configuration that changes w-ith the "4 ror 40" concept. Follo'\\Dng a strict
ten acre zonh"'"lg mtelpretation \'"\,ould lead to severe planning inefficiencies such as 1) an mormllately long
cul-de-sac and 2) not properly placing new homes on the ten acre sites could severely affect furure
subdi\~sion of the property. .l\ large parent parcel allo,^,~s for ma:6.mum design flexibility for future
platting. Staff has attached an illustration cOlnparing the proposed "5 ror 50:::: Caryenvood design \\:ith
ha\;Jng to create it as a ten acre subdivision.
In rile past the City has fa\~orably interpreted the extension of the "4 ror 40~' rule and allo\ved the type of
dev>elopment being proposed (e.g. Ridge\"vood Hills and I<ingdom Estates).
Financial Impact
None
Attachments
. City ..L\ ttorney opinion
o Past Council..L~ction Request and supporting hl.IOrmaUOn
o Cal\Ter\vood illustration shov.:ing ten acre layout
Action Requested
The Planning Commission and staff recommend tllat the City Council approve the preliL'Ylhlary plat based
on the fu"1dingS of Section 30-375 and wit11 the follo"\ving conditions:
s: \ COI7l.'"TIu,ni:y D EvelO?men:'\Sco:: Clark \ C:l:\'e:'\'looc.GO:
I\1El\1 0 R4.....Nl) Ul\1
TO: J\1ayor Stephanie Klinzing and
Members of the City' Council
FROI\1: Peter K. Beck, Cit), ...t\ttome)T
RE: CarvefV\iood Hills
D~.\.TE: April 28, 2006
This memorandum is in response to a question raised at the l~..pril17, 2006 Cit)i
Council meeting regarding the appropriate interpretation of the footnote to Section 30-
1581 of the Cit), Code.
Footnote 1 to Section 30-1581 of the Cit), Code reads as follo'\vs:
Four lots per 40 acres maximum, \vith 2 ~ acre minimum
and one curb cut. (Code 1982, 9 900.18(1))
The question is \\Thether this language allows the subdi\Tision of a 53.43 acre
parcel into fi\ie lots, including four 2.5 acre lots and one 41 acre lot.
F oatnote 1 has been in the Cit)r Code, I belie\re, since the first zoning ordinance
for the neVi Cit)r of Elk Riv"er (follo\\ring the merger \:vith the to\\/TI afElk Ri\rer) was
adopted in 1980. I ha\'e al\1\ia)Ts understood its intent to be to maintain the one unit per 10
acre density in the ./\-1 Zoning District, \vhile allovling some flexibility in the
configuration of lots \J\Tithin that zoning district. To the best of my ImoV\rledge~ \ve have
al\Ala)Ts interpreted this footnote to allow larger parcels to be developed under this
language, at the rate of one lot per 10 acres \vith a 2.5 acre minimum lot size.
.Although the footnote is not entirel)' clear, I belie've this is the correct
interpretation of the language. ~L\.s I ha\ie ad\iised the COlll1cil in the past, zoning
ordinances are interpreted by the courts in fa\'or of property' O\\illerS, and against cities.
See Frank's .l'lurSel)i Sales v. Cit); of Rose viI Ie, 295 N.\v~.2d 604 (1980). Ifpush came to
shove, I believe the courts VI/QuId interpret footnote 1 to allow fi've lots per 50, Se\Tel1 lots
per 70, etc., consistent \J\Tit11 the City's past practice.
If the City~ Council does not \~Tant to allo\v this t:ype of subdi\iision in the future~
ill)l recormnendation is to ha\ie staff and the Plarming COmmiSSiOl1 prepare a proposed
ame11dment to Section 30-1581 \1ihich \'\,Quld more clearly set forth the Council's intent.
OP : 1943 1 82 vI
City of Elk River
REQUEST FOR PLANNING COMMISION
ACTION
Agenda Section
Plannin Items
Item Description
Request by City of Elk River to Amend Land Use Regulations
Section 30-796 regarding pool fences, Public Hearing - Case 1\70.
OA 06-05
Item Number
5.4
Prepared by ":0
Chris Leeseber , Park Planner ~
Reviewed by
Jeremy Barnhart, Planning Manager
Introduction
An ordinance amendment is being requested to clarify when a fence is needed for an above-ground pool.
Attachments
Request for Action
Proposed Ordinance Language
Action Requested
Staff is recommending the Planning Commission recommended approval of the proposed language.
Planning Commission Action ?VIotion by _
Second by _
Vote
Follow Up
Case File: OA 06-05
Page 2
Overview
Staff received a call from a resident regarding the requirements for fences around pools. The
concern was with the "smaller" inflatable pools (i.e. 2,000-3,000 gallons) that are common lately due
to their low cost and portability.
The ordinance states that pools requiring a permit would require a fence, regardless if they are above
ground or below ground. Per the State Building Code, pools that require a permit (in turn a fence)
are those that meet one or more of these criteria:
o Greater than 5,000 gallons
o Greater than 24-inches in water depth
o Located In-Ground
Staff presented this item to the Planning Commission at the June 27, 2006 Workshop meeting. Staff
presented the current permit/zoning requirements and several possible options. The Planning
Commission was asked to look at the options from the standpoint of safety, staff time and
consumer interest.
It should be noted that this request is only for abo\Te-ground pools, as all in-ground pools require a
fence regardless of the size of the pool. The purpose for a fence around an in-ground pool is to act
as a barrier to prevent accidental falls into the pool (which is a hole in the ground).
Analysis
There are several options to consider. The focus of the discussion is the requirement of a fence.
The need for a permit is regulated by the state.
The Current Ordinance:
If a permit is required, a fence is also required for above-ground pools that are 4S-mches or less.
Fencing shall be chain link, \Tertical pickets or solid. On above ground pools that are a minimum of
four feet above grade on all sides, access can controlled with a lockable or removable ladder.
CURRENT
ORDINANCE
PERMIT FENCE CONTROLLED
REQUIRED REQUIRED ACCESS
~~~ll \
~) \ YES YES
~I SID::S WAlL ~=~ YES YES
ACTS AS n:l<<"CE
S:\PLr\..NNING\Case Files\2006\OA \Oll 06-05 Pool Fences\O",\ 06-05_PC.doc
Case File: 0..1\ 06-05
Page 3
Option A:
Regardless if a permit is needed, any above ground pool that is 30-inches or higher would not
require a fence, as the sidewalls act as the fence. Controlled access would be required for pools 30-
inches or higher.
The common minimum height of the inflatable pools appears to be 30-inches. The issues w~th this
option are the pools that are 24-30 inches would still require a fence. Why do these 6-inches need a
requirement for a fence?
OPTION
A
PERMIT FENCE CONTROLLED
REQUIRED REQUIRED ACCESS
~~~l ) \
~) ( YES YES
'1!'f :x:e:s
~rlolA=
-l'ICX MIlI'tM 1:1 It .uT =-
~) littlE ....ALL ~=~ YES YES
ACtS AS ~'CE
Option B:
If a permit is required, a fence is also required for every above-ground pool. This option would
require a fence for any pool over 24-inces deep or 5,000 gallons or more. The blue inflatable pools
are relatively inexpensi,\Te compared to a chain link, vertical pickets or solid fence.
OPTION
B
PERMIT FENCE CONTROLLED
REQUIRED REQUIRED ACCESS
;u~l ) (
~) \ YES YES
S:\PLr\NNING\Case Files\2006\OA \OA 06-05 Pool Fences\OA 06-05_PC.doc
Case File: GA.. 06-05
Page 4
Option C:
No fencing is required for any above-ground pool. A permit is still required if the pool is over 24-
inces deep or 5,000 gallons or more.
Controlled access would be required for pools 24-inches or higher and failure to due so would be a
misdemeanor which can result in a citation.
The thought is the sidewall of an above-ground pool acts as a barrier. The purpose for a fence is to
act as a barrier to prevent a baby/toddler or inattentive adult from accidentally falling into a pool.
OPTION
C
PERMIT FENCE CONTROLLED
REQUIRED REQUIRED ACCESS
~~~ll \
~I sm ,",'AU. t=~ YES YES
ACI'S AS BA.llJlJE:i
~\
~0l
HOLE ABLE TO FALL IN
BARRlER T"riAT MUST BE CLIMBED
Planning Commission Workshop Meeting
The Planning Commission discussed the options and concluded that side walls of an above-ground
pool w~ould be an adequate barrier to prevent accidental entry into the pool. They agreed that they
did not want to impose a significant financial impact on a home owner for a temporary pool that is
relatively inexpensive. They did want to see some language added to include a consequence to a
pool owner for not providing controlled access to a pool. Staff discussed this \,\i1.th the Police
Department and language can be added indicating that failure to comply would be a misdemeanor.
The Planning Commission agreed with staffs recommendation -with Option C.
Recommendation
Staff recommends that the Planning Commission recommend approval of the proposed language
which reflects Option C.
S:\PLAl""\JNING\Case Files\2006\OA \OA 06-05 Pool Fences\OA 06-05_PC.doc
PROPOSED LANGUAGE
Sec. 30-796. Fences; visibility at intersections and driveways.
(a) Height restn'ctions. In any residential zone on any lot, no fence or planting shall rise over 2
1/2 feet in height above the level of the public sidewalk or curb of street within ten feet of
the front property line.
(b) Height of fences in side and front yards. No fence in a front yard or along a side line of a lot
in a residential zone, other than a retaining wall, shall be higher than six feet in height unless
the adjoining lot is not in a residential zone. Construction of a fence exceeding six feet in
height requires a building permit.
(c) Height offences in rear yard. No fence higher than eight feet may be located in a required
rear yard in a residential district, unless the adjoining lot is not in a residential zone.
Construction of a fence exceeding six feet in height requires a building permit.
( d) General requirements for fences.
(1) Location. Any fence shall be located entirely upon the private property of the person
constructing or causing the construction of such fence unless the owner of the adjoining
property agrees, in writing, that such fence may be erected on the division line of the
respective properties. The director of planning or their designee may require the owner of
the property upon which a fence exists to establish the boundary lines of the property by a
survey thereof.
(2) Construction and JJlaintenance.
a. Every fence shall be constructed in a complete and substantial manner and of materials
reasonably suited for the purpose for which the fence is proposed to be used.
b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be
constructed or continue which is dangerous to the public safety, health, or welfare as
determined by the director of planning or their designee.
c. Electric fences, barbed wire fences and barbless wire fences shall be permitted only in
the A-1 and R-1a zoning districts when related to fanning, but not as boundary fences.
(3) Finished side of fence to face acfjoiningproperry. If the material used in the fence construction
is not finished on both sides, the finished side of the material shall be on the outside, facing
the abutting or adjoining properties, and all posts or structures supporting the fence shall be
on the inside of the fence.
(4) a. All below ground pools that require a building pcrmit shall be enclosed with a fence
that is a minimum foU! feet high and includes lockable gates. The fence shall be installed
prior to filling the pool. Fencing shall be chain link,~vertical pickets or solid. Spaces between
the bottom of the fence and the ground or between the pickets shall not exceed four inches.
b. i\11 above ground pools that require a building permit shall have access controlled 'With a
means to prevent access into the above ground pool when unoccupied. Failure to prevent
access into an above ground pool when unoccupied is a misdemeanor, be enclosed ~-ith a
fence tllat complies ~-itll standards for bclo~- ground pools. On abo7c ground pools tllat arc
a minimum of four feet ab07C grade on all sides, access can controlled ~-ith a lockable or
rcmo7able ladder.
(Code 1982, ~ 900.20(6); Ord. No. 03-10, ~ 1, 6-16-2003; Ord. No. 04-15, ~ 1, 10-18-2004)
City of Elk River
REQUEST FOR PLANNING COMMISION
ACTION
Agenda Section
PlarulUn Items
Item Description
Request by City of Elk River to Amend Land Use Regulations
Section 30-860 & 30-866 re ardin si s, Public Hearin
Item Number
5.5
Meeting Date
Jul ill, 2006
Prepared by
Chris Leeseber , Park Planner
Reviewed by
] eremy Barnhart, PlarulUng lYIanager
Introduction
An ordinance amendment is being requested to address temporary signs.
Attachments
. Request for Action
. Proposed Language Section 30-860
Proposed Language Section 30-866
. Graphic of Current Temp Sign Regulations
Graphic of Proposed Temp Sign Regulations
Action Requested
Staff is recommending the PlarulUng Commission recommend approval of the request.
Planning Commission Action l\,fotion by _
Second by _
"Tote
Follow Up
Case File: OA 06-06
Page 2
Overview
The City Council is becoming concerned with the frequency) the number of and duration of the
temporary signs being placed around the City of Elk River. Staff began cross referencing the signs
that were installed with the pennits pulled and found that a majority of the signs did not have
pennits, were up too long and/ or were in the wrong locations.
Staff has drafted an ordinance addressing the concern.s with the temporary signs and includes
changes as listed:
o 30 days per calendar year vs. 90 days currently pennitted
o 3 pennits per year to a premise vs. 6 pennits currendy permitted
o Sign must be located on an approved surface vs. lO-feet from property lines
o Only signs for City functions can be placed on City property
Staff has reviewed a few other ordinances of adjoining communities and our current allowed time
frame is one of the longest allowed:
~
Elk River
Big Lake
Ramsey
Otsego
Maple Grove
# of Days
90 days
60 days
(42) 7 days @ a time
21 days
10 days
# of Permits
6 permits
No Limit
6 permits
No Limit
1 permit
Staff is recommending that three (3) permits per year not to exceed 30 days in a calendar year be
allowed. This would cover all temporary signs such as wall mounted banners and freestanding trailer
SIgnS.
Staff is also recommending that temporary signs be located on an approved surface as it easier for
staff to determine acceptable locations because the location of the property lines on site are usually
not known.
The recommendation for only allowing signs advertising City functions on City property is to avoid
the possible issues of fairness and equal opportunity. Staff does not want to have to be placed into a
position to decide which non-profit organizations can place a sign on City property. It is
recommended that only City functions be placed on City properties to preserve fairness and equal
opportunity.
Planning Commission Workshop Meeting
Staff presented the proposed language changes to the Planning Commission. The commission was.
in favor of making changes but was concerned with multi-tenant buildings, which have four or more
businesses, would have to "compete" over the three permits being proposed. Staff clarified that
currently only one sign per property can be displayed and the tenants need to "compete" fat that.
S:\PLf\...l\.TNTNG\Case Files\ 2006 \OA \OA 06-06 Signs\OA 06-06_PC.doc
Case File: OA 06-06
Page 3
A second area of concern was the placement of signs on an approved surface. The Planning
Commission thought this might be a detriment to a few businesses. The reason staff is
recommending this is parking lot setbacks are lO-feet from the property line, which coincides with
the current sign ordinance. Most of the temporary signs are not being placed 10-feet from the
property line and are usually in the right-or-way. For ease of administration and customer service,
requiring them on approved surfaces, staff can explain to an applicant where an approved surface is
on their site versus where the property line is. Also, an efficient on site inspection of the sign by
staff could be executed due to the approved surface location requirement
There are a few other minor housekeeping issues with signs that staff would like to discuss. One is
that Section 30-866 references "construction signs" three times with three different allowed sizes.
Staff is recommending that one size of construction sign be allowed, but not require a permit, as the
location of the sign can be clarified at site plan review. Currently only signs under 64 square feet are
exempt from a permit.
A second item would be the fee we charge for sign permits. Currently we charge different fees for
different sized signs, but the staff time is typically not that different for small or large signs. Staff
would recommend one flat rate be used for ease of administration and customer service. It is
recommended that a flat fee of $50.00 per sign be adopted.
Recommendation
Staff recommends that the Planning Commission recommend approval of the proposed language
and recommend approval of a flat fee of $50.00 pet sign.
S:\PLr1-'N~ING\Case Files\2006\OA \OA 06-06 Signs\Oli OG-06_PC.doc
Section 30-860
Proposed Language
Sec. 30-860. Permit.
(a) &quired Unless otherwise provided by this subdivision, all signs shall require permits and
payment of fees as described in this section. No permit is required fa! the maintenance of a sign or
for a change of copy on printed or changeable copy signs.
(b) Exemptions. The following types of signs are exempt from permit requirements but must
otherwise be in conformance 'With all requirements of this subdivision:
(1) On-premises construction signs that compl)~1.th section 30 866(7)g.
(2) On-premises directional/infonnational signs having a sign area of four feet or less.
(3) Holiday decorations.
(4) On-premises nameplates having a sign area of fOUI square feet or less.
(5) Political signs, on-premises private sale signs or on-premises event signs.
(6) On-premises real estate signs having a sign area of six square feet or less.
(1) Window signs, provided they do not involve more than 50 percent of the window area.
(c) Application. Application for a permit for the erection, alteration, or relocation of a sign shall be
made to the director of planning upon a form provided by the city and shall include the follo'\Ving
information:
(1) The name and address of the ovroer of the sign.
(2) The 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.
(3) The type of sign or sign structure as defined in this chapter.
(4) 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.
(5) Structural details as required
(d) Fee. An applications for permits filed with the director of planning shall be accompanied by a
payment of the initial permit fee for each sign in such amount as determined by city council
resolution.
(e) Issuance or denial. The director of planning shall issue a permit for the exection, alteration, or
relocation of a sign 'Within 30 days of receipt of the 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.
Wnen a permit is denied by the director of planning, written notice shall be provided to the applicant
along with a brief statement of the reasons for denial. The director of planning may suspend or
revoke an issued permit for any false statement or misrepresentation of fact in the application.
(f) Refund offie on denialofpermit. If a permit is denied, the permit fee shall be refunded to the
applicant
(g) &fund of fie on abandonment of permit. If no inspections have been made and no work authorized
by the permit has been performed, 50 percent of the permit fee may be refunded to the applicant
upon request, provided that the permit is returned to the director of planning within 90 days of
issuance.
(h) Expiration. A permit issued by the director of planning becomes null and void if work is not
completed ~i.thin 180 days of issuance. If work authorized by the permit is suspended or abandoned
for 180 days, the permit is thereby suspended, but may be reinstated with an additional payment of
one-half of the original fee.
(i) Failure to obtain permit. 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 subdivision.
(Code 1982, ~ 900.22(3)(A), (3)(C), (7)(B)--(7)(E))
Proposed Language
Sec. 30-866. District regulations.
The folloVling signs are allowed in all districts:
(1) ..A.ll signs not requiring permits as set forth in section 30-860(b).
(2) One on-p.temises ~cmpoJ::a:cy combination area identification, construction and real estate sign
not to exceed 64 % square feet in sign area or 15 feet in height for three years after appro7al by thc
city of the project unless ft11 extension is granted by the city council. Sign may be erected 30 da~Ts
prior to the beginning of construction and shall be removed 30 da~Ts following completion of
construction. Such signs shall not be illuminated. A sign permit is not required for
construction signs.
(3) One on-premises nonilluminated real estate sign per lot or premises not to exceed six square feet
in sign area for residential lots and one on-premises nonilluminated real estate sign per lot or
premises not to exceed 64 % square feet in sign area for commercial lots. Such a sign must be
removed ten days follo\\rmg closing, rental, or lease. A sign permit is required for real estate
signs that exceed six square feet.
(4) One on-premises attached nameplate per occupancy, not to exceed four square feet in sign area.
(5) Political signs. Political signs are permitted in all zones. Such signs shall be consistent with state
statutes. Political signs may be placed only on private property and only with the permission of the
property owner. Such signs shall not be illuminated
(6) On-premises directional/informational signs not to exceed four square feet per sign in sign area.
[1) One on-premises temporary or portable sign per premises, as allowed by the director of
planning or their his- designee for special events, grand openings or holidays. Temporary or portable
signs are also subject to the folloVling:
a. Signs may not be displayed for more than 9G 30 days per calendar year.
b. Signs may not be displayed without a permit. Up to ~ three permits per year may be issued to a
premise (property) business, not to exceed the number of days allowed in subsection (J)a of this
section. Each permit must indicate the number of days, and the dates. the sign is to be displayed.
Fa! premiscs ~1.B1 multiple busincsscs, signs must be located a minim:um of 100 fee~ apar~. A fee and
deposit at a level established by ordinance adopted by the Elk River City Council is required. The
deposit" when requested in writing" is refundable when the sign if the sign meets all requircmcn~:;
in this section and is removed on time.
c. Maximum sign size shall be limited to:
1. Thirty-two square feet if the adjacent roadway has a posted speed of 44 miles per hour or less; or
2. S~:ty-four square feet if the adjacent roadway has a posted speed of 45 miles per hour or more.
d. Signs must be located on property of the business ","ith the special event 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 fundtaising activities, provided that they obtain permission from the property owner. Signs
from nonprofit organizations shall not be counted as one of the three ~ permits allowed to the
property owner. Nonprofit organizations shall be limited to three ~ signs per event and be
limited to three events per year.
e. Signs may not be placed in ~ -the right-of-way and must be located on an approved surface:
not including fire lanes and/or circulation drive lanes. meet 31gtl sctbacks.
f. Only signs for Citv of Elk River functions can be placed on City of Elk River properties.
~ f. Signs must not be unsafe or dangerous and must be secuxely anchored.
g. On premises construction signs ha-;ing a sign arca of 64 square feet or less arc permitted
(8) No more than one permanent area identification sign shall be allowed per neighborhood,
subdivision, or development. However, if the neighborhood, subdivision, or development has
entrances on arterial and/or collector roads, then a single area identification sign may be allowed at
each of these entrances. Each sign shall not exceed 16 square feet in sign area. The area identification
sign shall be placed on the same premises as the development which it identifies.
(9) One on-premises permanent identification sign per apartment or condominium complex, not to
exceed 16 square feet in sign area.
(10) For pennitted nonresidential uses, such as churches, synagogues, and schools, one on-premises
freestanding sign and one wall business sign, not to exceed 96 square feet in total sign area. 'Where a
zoning lot has in excess of 1,000 linear feet of combined street frontage, the total signage area shall
not exceed 192 square feet 'With no more than 96 square feet per sign. Freestanding signage shall not
exceed 20 feet in height.
(11) Any combination of on-premises freestanding and wall-mounted real estate signs for model
homes having a combined total sign area not to exceed 32 square feet. Freestanding signs for model
homes shall have a maximum height of five feet.
(12) One on premises cons~cti.on sign not ~o exceed 32 sqUfrLC feet in sign area. Such a sign may
be erected 30 days prior ~o the beginning of construction ftfld shall be removed 30 daY3 fcllo~ing
completion of construction. Such ;:;igns must not be illurn.inated.
(12) fH7 Rural-based businesses shall be allowed four off-premises directional signs subject to the
following restrictions:
a. Individual directional signs shall not exceed 18 square feet.
b. Such signs shall be set back ten feet from any public right-of-way as measured to any portion of
the sign.
c. Such signs shall be located on private property which is adjacent to an arterial road, provided that
the property owner's pennission is obtained.
d. Such signs shall only contain the name of the rural-based business and the direction and distance
to the facility. Signing for straight-ahead movements shall not be allowed.
e. At anyone intersection, any number of off-premises directional signs may be erected provided
that they can be accommodated on two sets of posts in no more than wo locations. The director of
planning shall determine whether the posts can accommodate any more signs.
f. Except as otherwise provided, all freestanding signs in residential zones shall have a maximum
height limit of eight feet and shall have a setback of ten feet from any public right-oE-way.
(Code 1982, ~ 900.22(4)(A), (4)(B); OId. No. 00-06, ~ 1, 3-20-2000; Ord. No. 04-13, ~ 1, 8-27-2004)
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