6.6. SR 07-17-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin Items ul T 17, 2006
Item Description
Ordinance to Appro\re an Amendment to the Land Use
Regulations Section 30-860 & 30-866 Regarding Signs,
Requested by the City of Elk Ri,rer, Public Hearing-
Case No. OA 06-06
Item Number
6.6.
Prepared by
Chris Leeseber , Park Planner U.
Reviewed by
Jeremy Barnhart, Planning lYfanager
Introduction
An ordinance amendment is being requested to address temporary signs.
Attachments
Request for Action
Graphic of Current Temp Sign Regulations
. Graphic of Proposed Temp Sign Regulations
Ordinance No. 06-_
Action Requested
Staff and tile Planning Commission recommend the City Council approve the request.
Council Action
1'fotion by _
Second by _
'Tote
Follow Up
Case File: 0:\ 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 ~vere installed witll d1.e permits pulled and found that a majority of the signs did not ha\.re
permits, \vere up too long and/ or \vere in the wrong locations.
Staff has revie\ved a fe\v otller ordinances of adjoining communities and our current allowed time
frame is one of the longest allowed:
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Elk River
Big Lake
Ramsey
Otsego
Ivfaple 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 has drafted an ordinance addressing tlle concerns with the temporary signs and includes
changes as listed:
o 30 days per calendar year ~lS. 90 days currently permitted
o 3 permits per year to a premise vs. 6 permits currently permitted
o Sign must be located on an appro\red surface \rs. lO-feet from property lines
o Only signs for City functions can be placed on City property
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 recolmnending that temporary signs be located on an approved surface as it easier for
staff to determine acceptable locations because tlle location of the property lines on site are usually
not kno\vn.
TIle 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 ha,\re 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.
Tllere are a few other minor llousekeeping issues with signs that staff would like to discuss. One is
that Section 30-866 references "construction signs" three times with three different allo'.ved sizes.
Staff is recommending that one size of construction sign be allo'\ved, 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 '\vould be the fee '\ve cIlarge 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
S:\PLA1"'JNING\Case Files\2006\OA \OA 06~06 Signs\OA 06-06_CC.doc
Case File: 01\ 06~06
Page 3
\,vould 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.
Planning Commission Action
Staff presented the proposed language changes to the Planning Commission and they had no issues
\vith the proposed language, as they revie\ved the item at their June 27 workshop meeting.
No one spoke at the public hearing.
The Planning Commission unanimously recommended appro'val of the request.
Recommendation
Staff and the Planning Commission recommend the City Council approve the proposed language
and recommend approval of a flat fee of $50.00 per sign.
S:\PLt\.l'\.!NING\Case Files\200G\OA \01\ 06-06 Signs\OA 06-06_CC.doc
CURRENT TEMP SIGN REGULATIONS
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. CURRENT ZONING: .
I -ONLY ONE ON-PREMISE (pROPERTY) TEMP SIGN AllOWED I
. -EACI-I TENANT GETS 6 PERMITS NOT TO EXCEED 90 DAYS (3 MONTHS) .
I -A FOUR TENANT BUILDING COULD RESULT IN A TEMP SIGN UP FOR ONE I
YEAR
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I -SIGN SETBACK to-FEET FROM PROP UNE I
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DATE:
7/11/2006
DRAWN BY:
CML
SCAlE:
NOT TO SCALE
TEMPORARY SIGNS
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El~d
River
PROPOSED TEMP SIGN REGULATIONS
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. PROPOSED ZONING:
I -ONLY ONE ON-PREMISE (pROPERTY) TEMP SIGN
. ALLOWED FOR 30 DAYS, NOT TO EXCEED 3 PERMITS
I PER CALENDAR YEAR.
-MUST BE LOCATED ON AN APPROVED SURFACE;
i NOTINCLUDING FIRE LANES AND / OR DRIVE LANES
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DATE:
7/11/2006
DRAWN BY:
CML
SCAlE:
NOT TO SCALE
TEMPORARY SIGNS
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Efi~d-
IUver
ORDINANCE 06 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-860 "PERMIT" AND SECTION 30-866 "DISTRICT REGULATIONS"
OF THE CITY CODE OF ORDINANCES
Case No. OA 06-06
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-860 titled ''Permit'' of the City of Elk River Code of Ordinances shall be
amended by amending the follo\ving:
(a) Required Unless odlenvise provided by this subdivision, all signs shall require permits and
payment of fees as described in 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) Exemptions. The follo'\ving types of signs are exempt from permit requirements but must
othenvise be in conformance \vith all requirements of this subdivision:
(1) On-premises construction signs that comply "~-ith section 30 866(7)g.
(2) On-premises directional/informational signs having a sign area of four feet or less.
(3) Holiday decorations.
(4) On-premises nameplates having a sign area of four squ~e 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 SLX square feet or less.
(7) \\1indo\v signs, provided they do not involve more than 50 percent of the \vindo\v 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) TIle name and address of the o\vner of the sign.
(2) The street address or location of the property on \vhich tlle sign is to be located, along \v-ith tlle
name and address of tlle property o\vner.
(3) TIle type of sign or sign structure as defined in this chapter.
(4) i\ site plan sho\ving tile proposed location of the sign along \vith the locations and square
footage areas of all existing signs on the same premises.
(5) S ttuctural details as required.
(d) Fee. All applications for permits filed \v-ith 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) Isstlance or denial. The director of planning shall issue a permit for the erection, alteration, or
relocation of a sign \vithin 30 days of receipt of the completed application and applicable fees,
provided that the sign complies \vith all applicable la\vs and regulations of the city. In all applications,
\vhere a matter of interpretation arises, the more specific definition or higher standard shall prevail.
\'Vben a permit is denied by the director of planning, '\vritten notice shall be provided to the applicant.
along \vith 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) Riftltld of fee 011 denial of pef771it. If a permit is denied, the permit fee shall be refunded to the
applican t.
(g) Refund of fee 011 aballdonlJlent of pen/lit. If no inspections have been made and no \vork authorized
by dle permit has been performed, 50 percent of the permit fee may be refunded to dle applicant
upon request, provided that tlle permit is returned to the director of planning \vithin 90 days of
issuance.
(h) Expiration. A permit issued by the director of planning becomes null and ,roid if ,vork is not
completed ,vithin 180 days of issuance. If ,vork authorized by the pennit is suspended or abandoned
for 180 days, the permit is thereby suspended, but may be reinstated ,vith an additional payment of
one-half of the original fee.
(i) Failure to obtain pe171Jit. If any sign is installed or placed on any property prior to receipt of a
permit, the specified permit fee shall be doubled. Ho\vever, payment of the doubled fee shall not
relieve an)' person of any other requirement or penalties prescribed in this subdivision.
(Code 1982, ~ 900.22(3)(A), (3)(C), (7)(B)--(7)(E))
Section 2. Section 30-866 tided ''District Regulations" of the City of Elk River Code of Ordinances
shall be amended by amending the follo'\ving:
The follo'\ving signs are allo'\ved in all districts:
(1) All signs not requiring permits as set forth in section 30-860(b).
(2) One on-premises tempofa11- combination area identification, construction and real estate sign
not to exceed 64 96 square feet in sign area or 15 feet in height for three years after appro"'~-al by the
city of the project unless an e:~tension is granted by the city council. Sign may be erected 30 days
prior to the beginning of construction and shall be removed 30 days 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 st.\: 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'\vmg 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 ,vith state
statutes. Political signs may be placed only on private property and only \vith the permission of dle
property o\vner. Such signs shall not be illuminated.
(6) On-premises directional/informational signs not to exceed four square feet per sign in sign area.
(7) One on-premises temporary or porta,ble sign per premises, as allo\ved by the director of
planning or their ft:is designee for special events, grand openings or holidays. Temporary or portable
signs are also subject to the fa IIo'\vmg:
a. Signs may not be displayed for more than 9G 30 days per calendar year.
b. Signs may not be displayed \vithout a pennit. Up to sfx three pennits per year may be issued to a
premise (property) business, not to exceed the number of days allo'\ved in subsection (7)a of tlus
section. Each permit must indicate tlle number of days, and the dates~ dle sign is to be displayed.
For premises "'~"'..1.th multiple businesses, signs must be located a minimum of 100 feet apart. 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 requirements
in this section and is removed on time.
c. Maximum sign size shall be limited to:
1. Thirty-t\vo square feet if the adjacent road\vay has a posted speed of 44 miles per hour or less; or
2. Si.~ty-four square feet if the adjacent road\vay has a posted speed of 45 miles per hour or more.
d. Signs must be located on property of the business '\vith the special event and the advertising
message must only relate to business conducted on that premises, except that nonprofit or charitable
organizations as defmed by Internal Revenue Code section 501 (C) (3) may have off-premises signs for
their Eundraising activities, provided that they obtain pennissi6n from the property o'\vner. Signs
from nonprofit organizations shall not be counted as one of dle three sfx pennits allo\ved to the
property o'\vner. 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 ~ tfte right-of-\vay and must be located on an approved surface:
not including fire lanes and/ or circulation drive lanes. meet sign setbacks.
S:\PL:u"\INING\Case Files\200G\OA \0.:\ 06-06 Signs\Final Ordinance.doc
f. Only signs for City of Elk River functions can be placed on City of Elk River properties.
~ f. Signs must not be unsafe or dangerous and must be securely anchored.
g. On premiscs construction signs ha~-ing a sign area of 6'1 squarc feet or less arc permitted.
(8) No more than one permanent area identification sign shall be allo\ved per neighborhood,
subdi,rision, or development. Ho'\vever, if the neighborhood, subdivision, or development has
entrances on arterial and/or collector roads, dlen a single area identification sign may be allo\ved at
each of these entrances. Each sign shall not exceed 16 square feet in sign area. The area identification
sign shall be placed on tlle same premises as the development \vhich 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 permitted nonresidential uses, such as churches, synagogues, and schools, one on-premises
freestanding sign and one \vall business sign, not to exceed 96 square feet in total sign area. \\lhere 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 \vidl no more dlan 96 square feet per sign. Freestanding signage shall not
exceed 20 feet in height.
(11) ..A.ny combination of on-premises freestanding and \vall-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) Onc on prCln1SeS construction sign not to exceed 32 square fcct in sign area. Such a sign mal:'"
bc erected 30 days prior to the beginning of construction and shall bc remo~~ed 30 days folloT~"'1(mg
completion of constluction. Such signs must not be illuminated.
(12) f87 Rural-based businesses shall be allo\ved four off-premises directional signs subject to the
follo\ving res trictions:
a. Individual directional signs shall not exceed 18 square feet.
b. Such signs shall be set back ten feet from any public right-of-\vay as measured to any portion of
the sign.
c. Such signs shall be located on private property \vhich is adjacent to an arterial road, provided that
the property o\vner's permission is obtained.
d. Such signs shall only contain the name of the rural-based business and the direction and distance
to tlle facility. Signing for straight-ahead movements shall not be allo\ved.
e. At anyone intersection, any number of off-premises directional signs may be erected provided
that they can be accorrunodated on nvo sets of posts in no more than t\vo locations. The director of
planning shall determine \vhether 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-of-\vay.
(Code 1982, ~ 900.22(4)(A), (4)(B); Ord. No. 00-06, ~ 1,3-20-2000; Ord. No. 04-13, ~ 1,8-27-2004)
Section 3. That this ordinance shall take effect upon publication as provided by la\v.
Passed and adopted by the City Council of the City of Elk River this 17th day of
July, 2006.
Attest:
Stephanie I<linzing
1vfayor
Joan Sclunidt
City Clerk
S:\PLtu".JNING\Case Files\2006\OA \OA 06-06 Signs\Final Ordinance.doc