6.3. SR 10-16-2006
City of Elk River Item Number
REQUEST FOR COUNCIL ACTION 6.3
Agenda Section I Meeting Date Prepared by Uc-
Community Development October 16, 2006 Chris Leeseberg, Park Planner
Item Description Reviewed by
Ordinance to Approve an Amendment to the Land Use Jeremy Barnhart, Planning Manager
Regulations Section 30-860 & 30-866 Regarding Signs,
Requested by City of Elk River, Public Hearing
Case No. OA 06-06
Introduction
At its July 17, 200 meeting, the Elk River City Council instructed staff to compose an ordinance that
prohibits all temporary/portable signs and facilitate a dialogue with the business community.
Attachments
. Exhibit 1 - Definitions
. Exhibit 2 - Planning Commission Proposed Language
. Exhibit 3 - Proposed Language Prohibiting Temp Signs
. Chamber of Commerce Emails
Action Requested
Approval from the City Council regarding signage and definitions.
Council Action
Motion by _
Second by _
Vote
Follow Up
Case File: OA 06-06
Page 2
Overview
On July 17, 2006 staff had presented an ordinance amendment to the City Council that reduced the
number of and duration of temporary signs.
In order to look at temporary signs from a different viewpoint, the Elk River City Council instructed
staff to compose an ordinance that would ban temporary signs but would also allow exceptions for
grand openings, special events. They asked that the plan be phased in (begin January 1, 2007) and to
notify the business community to get their input.
Staff drafted an amendment that in summary states that portable (temporary) signs are prohibited.
However, the temporary use of banners for grand openings and special events would be allowed for
a ten consecutive days once a year.
September 26 Planninz Commission Workshop
The Planning Commission reviewed language for an ordinance that would ban temporary signs but
would also allow exceptions for grand openings, special events. (See Exhibit 3) Staff gave brief a
presentation on the proposed language and then asked for feedback from both the Planning
Commission and also the business community.
One business owner was in attendance and stated that a ban on the signs would adversely affect
their business. They also stated that education to the business community would be beneficial as
most business owners, including themselves, had litde to no knowledge of what the current
ordinance states.
Jeff Gongoll, president of the Chamber of Commerce, was also in attendance and presented a list of
13 business owners' emails who objected to a ban. He had stated that approximately 250 members
were notified of the Planning Commission Workshop meeting and were given a copy of the
proposed ordinance. He also indicated how crucial the temporary signs are for business in Elk
River.
There was substantial discussion regarding what a "special event" was and whether or not the City
wants to regulate what the signs say. The consensus was that the content of the sign is not the issue.
It is the general negative appearance of the signs in the community and was the consensus that the
signs do not promote a positive image within the City.
After reviewing the previous language they had recommended for approval, the Planning
Commission decided that 30 days per property was not adequate enough time for properties that
have multiple businesses. They then recommended that the ordinance state 90 days per property.
Staff Comments
Staff had stated that duration and number of permits would have litde effect on the enforcement of
the signs. In the 2006 year to date, three business/properties have pulled 2 permits; one
business/property pulled 6 permits (the current max). They remainder of the permits were single
ones. If the allowed number of signs was three or six, it still takes considerable staff time to process
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Case File: OA 06-06
Page 3
each permit and verify the sign is taken down to refund the applicant's deposit. Staff proposed that
there not be a limit on the number of permits, just the duration of the temporary sign located on a
property. Staff also question if a "quarter of a year" is too long a duration for such temporary signs.
Staff would recommend that it be limited to 30 days.
After the workshop meeting, staff had a more theoretical question and that is, if these signs are
generally seen as a negative image within the City, why is it acceptable to have these "temporary"
signs on a property for a quarter of the year? The ordinance goes to great lengths to regulate how,
where and what size permanent signs can be. Temporary signs are more or less arbitrarily placed on
a property without regard to their context. If they are a negative image, why not prohibit them?
Definitions
Staff is recommending that the language for portable signs and temporary signs be changed as not to
indicate what they are made of nor give an example of what one might be. Also, staff is
recommending that the definitions for both be the same.
Planninz Commission Action
The Planning Commission confirmed their recommendation of allowing temporary signs for 90 days
in a calendar year per property. They did discuss putting a limit on how long a single permit could
be issued for at one time and recommended that it be for 30 days. The requirement that the signs
be placed on an approved surface was agreed to be an easy way to communicate to the public where
signs can be located as well as for enforcement. (See Exhibit 2)
They recommended approval of the definitions. (See Exhibit 1)
Recommendation
The Planning Commission is recommending the City Council approve the revised definitions with
the following condition:
1. Definitions shall be as stated in Exhibit 1.
The Planning Commission is recommending the City Council approve the ordinance amendment
with the following condition:
1. Ordinance shall be as indicated in Exhibit 2.
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Exhibit 1
Definitions
Section 30-1. Definitions
P81tdb!c sign means any sign designed to be removed Mid not pefffi.MientlJ affixed to the gfound or to
a stnleffife or ba:i:ldffig, sueh at> ehangeable readerooll1'd wnstmeted of dw:wle goods.
Portable sign (see temporaty sign)
Tefltpfm*'Y Jign means a sign Of advertising display eonstmeted of doth, eaft".as, fabrie, plJ ~;ood or
other lfgflt material and designed Of intended to be displaJed at a site fOf a shOft period of time.
TemDorat;y sign means any sign which is erected or displayed for a specified period of time
and designed to be to be movable from one location to another and which is not permanendy
attached to the ground and/or structure.
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Exhibit 2
Sec. 30-866. District regulations.
The following signs are allowed in all districts:
(1) All signs not requiring permits as set forth in section 30-860(b).
(2) One on-premises temporltfJ COfl'tbinll1:tofl Mell idefl1oiJicattofl, construction llfld real estate sign
not to exceed 64 % square feet in sign area or 15 feet in height fo1' three reMs after apprO'", ftl by the
city of the p1'oject unless an exteflsiofl is ~llflted by the city COUfleil. Sign may be erected 30 days
rior to the be innin of construction and shall be removed 30 d ollowin com letion of
construction. Such signs shall not be illuminated. A si not re uired for
construction signs.
(4)
square feet per sign in sign area.
(3) One on-premises nonilluminated real estate sign per lot or
in sign area for residential lots and one on-premises n
premises not to exceed 64 % square feet in sign are
removed ten days following closing, rental, or leas
signs that exceed six square feet.
(5) Political signs. Political signs are pe
statutes. Political signs may be placed only
property owner. Such signs shall not be ill
(6)
(7) One on-premis
allowed by the Co
remis~ (properf;y) may be installed, as
. or their flfs designee fer
l' portable signs are also subject to the
A
de osits followin r
request to do so.
c. Maximum sign size shall be limited to thirf;y-two square feet.
1. Thirty 10\1\."0 squMe feet if the adjacent road~a-y has a posted speed of 11 ffliles ptl hour or less; or
2. Sixty fotli: squlll'e feet if the lldjacent roa&w'~ has a posted speed of 15 miles per ROtli: or more.
d. Signs must be located on the property of the business with the speeffll 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 fundraising activities, provided that they obtain permission from the property owner. Signs
from nonprofit organizations shall not be counted as one of the six permits allowed to the property
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owner. Nonprofit organizations shall be limited to three eight signs per event and the signs shall
not exceed the number of days allowed in subsection (7)a ofthis section.
e. Signs may not be placed in any the right-of-way and must be located on an approved surface;
not including fire lanes and/or circulation drive lanes. meet siga setbaeks. Approved surfaces
include: asphalt. concrete. class-5. crushed concrete.
f. Only signs for Ci1;y of Elk River functions can be placed on Ci1;y of Elk River properties.
g. For purposes of this ordinance. Ci1;y of Elk River proper1;y leased to other entities shall not
be considered Ci1;y of Elk River proper1;y.
h. f, Signs must not be unsafe or dangerous and must be securely anchored.
g. Oft premises eoftl>tfuet1oft sigal> ba-;.ng a siga Mea of 64 sqtlMe feet or less Me permitted.
(12) fH7 Rural-bas
following restrictions:
a. Individual' . nal
b. Such s'
the sign
c. S petty which is adjacent to an arterial road, provided that
the prop . s obt ed.
d. Such si the name of the rural-based business and the direction and distance
to the facility. -ahead movements shall not be allowed.
e. At anyone in number of off-premises directional signs may be erected provided
that they can be acc ed on two sets of posts in no more than two locations. The director of
planning shall dete ether the posts can accommodate any more signs.
f. Except as otherwi 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-way.
(Code 1982, ~ 900.22(4)(A), (4)(B);Ord. No. 00-06, ~ 1,3-20-2000; Ord. No. 04-13, ~ 1,8-27-2004)
ed per neighborhood,
lOn, or development has
. n sign may be allowed at
. The area identification
'(8) No more than one permanent area identification sign shall
subdivision, or development. However, if the neighborhood,
entrances on arterial and/or collector roads, then a single area i
each of these entrances. Each sign shall not exceed 16 square b
sign shall be placed on the same premises as the developme
(9) One on-premises permanent identification sign per
exceed 16 square feet in sign area.
(10) For permitted nonresidential uses, such as ch
freestanding sign and one wall business sign, not to ex
zoning lot has in excess of 1,000 linear feet of combine
not exceed 192 square feet with no more than 96 square fee
exceed 20 feet in height.
(11) Any combination of on-premises fr
homes having a combined total sign area no
homes shall have a maximum height of five fe
. ..
estate signs for model
reestanding signs for model
ff-premises directional signs subject to the
are feet.
public right-of-way as measured to any portion of
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Exhibit 3
Proposed Language Prohibiting Temp Signs
Sec. 30-866. District regulations.
The following signs are allowed in all districts:
(1) All signs not requiring permits as set forth in section 30-860(b).
(3) One on-premises nonilluminated real estate sign per I
in sign area for residential lots and one on-premis
premises not to exceed 64 % square feet in sign
removed ten days following closing, rental, or I
signs that exceed six square feet.
(4) One on-premises attached nameplat
(5) Political signs. Political signs are permi
statutes. Political signs may be placed only 0
property owner. Such signs shall not be illumin
all be consistent with state
y with the permission of the
(6)
2. Eixty fOef sqtlMe feet if the acljaeeRt roaa-w'ftJ has a postea speed of ~S miles per hOef 01: more.
a. Sigfts tftUst be loeatea OR property of the bt1siness with the specia:1 eveRt and the advertfsffig
message tftU3t only relate to btlsiness eondueted Oft that premises, exeept that Ronprofu 01: ehS:ritable
orgaa1zatfOftS ll:S aefined by Inteftl.a:1 Re. eRtle Code seettoft 501(C)(3) mlt) ha. e off preft'l1ses sigfts f01:
thcif fuadraisffig ll:etfiitfes, pr<Yiided that they obtltia permissioR from the property ov"Rer. Sigas
from fiOfipfOfu orga~a1:ions shall not be eounted as ORe of the six pertnits ll:llo fo ed to the property
O\Vfler. Noaproht otgftooatioRs shall be limited to eight sigfts per event
e. Eigas ma) Rot be plaeed in the right of foay afid tftUst meet sigft setbaeks.
.. f. Sigas tftU3t fiot be unsafe or dangerous ll:fta tftUst be see\:l:fe1y afiehored.
g. On premises wnstruetfon sigfts hav""..ng a sigft ll:1'ea of 6 ~ sqtlMe f-eet or less Me pef'fftitted.
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(7) Portable (temporaiy) signs are prohibited. However. the temporaiy use of banners for
special events. grand openings or holidays is only permitted when the following regulations
are satisfied:
@fH7
following res
a. Individual dir
b. Such signs shall
the sign.
c. Such signs shall be cated on private property which is adjacent to an arterial road, provided that
the property owner's permission 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 two 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-of-way.
(Code 1982, ~ 900.22(4)(A), (4)(B); Ord. No. 00-06, ~ 1,3-20-2000; Ord. No. 04-13, ~ 1,8-27-2004)
a)
b)
c)
d)
e)
f)
g)
h)
borhood,
, and schools, one on-premises
e feet in total sign area. Where a
ed stre frontage, the total sign age area shall
e feet per sign. Freestanding signage shall not
d wall-mounted real estate signs for modd
ed 32 square feet. Freestanding signs for modd
be allowed four off-premises directional signs subject to the
all not exceed 18 square feet.
k ten feet from any public right-of-way as measured to any portion of
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PROPOSED ORDINANCE
PROHIBITION OF PORTABLE (TEMPORARY) SIGNS
ELK RIVER PLANNING COMMISSION
ELK RIVER CITY COUNCIL
The following comments were received by the Elk River Area Chamber of
Commerce in response to the proposed draft ordinance.
**************************************
We have had a few in our area. I don't see a problem with them as long as they
are actually temporary. I would not be in favor of a ban. I would be in favor of a rule
to control the number of days allowed per year, say 12 or so. I am sure some of
these signs are important to some businesses at periodic times of the year. The
businesses that use them year round will have to have permanent signs made and
displayed appropriately.
Thanks,
Mark Orluck
I think this ordinance is totally unnecessary and chasing for a permit for every little
thing is ridiculous.
John Weicht
I see no problem with the signs as long as they have a temporary use permit on
them and are for special occasions such as open house, grand opening,
anniversary, etc... They should not be up for longer than 3 weeks. Please take
my comment into the record at the meeting.
Kay Reynolds
PROHIBITION OF TEMPORARY SIGNS
Elk River Area Chamber of Commerce
Page 1 of 6
Jeff, I would like to go on record as saying this is a very bad proposal and I do not
support it. ...
Signed,
Jon A. Smith
THIS SOUNDS LIKE AN ANTI BUSINESS ACTION PLAN BY THE COUNCIL OR
CITY. NOT ONLY WOULD THIS BE HARD ON THE BUSINESS THAT MAKES
THE SIGN/S, BUT IT WOULD HURT BUSINESSES IN ELK RIVER THAT NEED
SIGNS FOR PROMOTING THEIR BUSINESS OR EVENT. HAVING SIGNS IS A
POSITIVE FOR THE COMMUNITY AND CITY, (IT BUILDS AN AWARENESS OF
HAPPENINGS IN THE CITY) RESTRICTIONS BECOME PART OF A
BUREAUCRACY FROM THE CITY THAT ALREADY HAS TOO MANY
RESTRICTIONS IN TOO MANY AREAS. LET'S PROMOTE BUSINESS, NOT
MAKE IT MORE DIFFICULT.
Signed but asked to remain confidential
I just had an opportunity to review the proposed sign
ordinance. Unfortunately, I will be at work on Tuesday night and will be
unable to attend the meeting to discuss the proposal. As a business
owner and as a volunteer for several Elk River community groups, I do
have some concerns. I agree that unkempt signs in poor repair are a
blight to our Elk River landscape and something needs to be done about
them. I think that we have to be careful in crafting language for the
ordinance that doesn't put a burden on those who put out signs or
banners on occasions to promote their businesses or community events -
an example being the side of Kemper Drug where we put up banners for
ourselves, the Rivers Edge Downtown Business Group, Arts Alliance, YMCA,
etc. There are also businesses who have well crafted decorative signs
that are well maintained and put out daily to advertise daily specials -
an example being Diamond City Bread. I believe that the ordinance as
written now would prevent us from doing this. Our signs are not 8 feet
off the ground and we put them up more than once a year. Would it be
possible for businesses or community groups to request a variance from
the sign ordinance if we have demonstrated a responsible history of sign
usage? If we use a sandwich board on the sidewalk to advertise flu
shots or diabetes screening would we need to get a permit?
I hope that you will work closely with the Chamber of Commerce to
develop an ordinance that serves the City of Elk Rivers needs without
putting an undue burden on the businesses who rely on signs to promote
their businesses.
Please forward my concerns to your ordinance planning group. Wendy Simenson
Kemper Drug
PROHIBITION OF TEMPORARY SIGNS
Elk River Area Chamber of Commerce
Page 2 of 6
If this is the ordinance then it is definitely restrictive. Here are a couple of my
thoughts:
7a - ok
7b - ok
7c - ok, but kind of a pain.
7d - doesn't this limit non-profit, election specific items or other special event
advertising because the event is not likely to be held at that location?
7 e - ok
7f - who decides who gets the banner up on that site?
7g - ok
7h - some landlords will not allow it to be "affixed" to the structure - also this might
conflict with 7i
7i - they want the signs 8 feet up in the air? Wouldn't it be better to allow a close
to the ground sign for a temporary sign? The costs of having these temporary
signs would become prohibitive if you have to have a 12 or 14 foot pole to stick into
the ground.
Best Regards,
Jeff Knollenberg
Jeff,
I don't use the "black" signs that you were talking about, but I do use banners for
special promotions to advertise a promotion for a radio personality or a banner on
the Green house stating the hours of operation. I think that we've always use good
judgement on use and placement of such banners, and I would hate to have to run
and get a "temporary use" permit to hang a 3' X 5' banner. If this is a situation that
is getting out of control for Elk River, I would be willing to follow some guidelines,
but I share my building with four other business's, and I think it would be hard to
have only one sign out for all these business's.
Thank you for your concern,
Gary Reff
PROHIBITION OF TEMPORARY SIGNS
Elk River Area Chamber of Commerce
Page 3 of 6
I am unable to attend the meetings and request my comments be included.
I would request that the ordinance be less restrictive. I am a very small business
located in Elk River. Although my primary business is repeat business it is
imperative that new people find me. I have tried many different advertising
mediums and have found that using the portable sign once or twice a year has
been one of the better ways for the cost. I have had people say they drive by my
building twice a day and have not noticed the building sign, but when I used the
portable sign, they found I was there and called.
Victoria:
I am in favor of using these signs. They stand out and encourage all of us to be
apart of community events. This is just my opinion. Thank you, Nancy Ruhl
Jeff,
I would like to voice my displeasure with the proposed city ordinance on portable
signs.
It is a way for us to get the word out to prospective customer's when we are doing
something special at our business in a very economical way.
We have made the investment & we own our own portable sign. At present we
probably only use it a couple of times per year.
It would seem to me with the amount of tax dollars that all the business in the City
of Elk River are paying & expected to pay in the future that the City should be
doing everything in there power to try to help the local business's stay in business
not put on restrictions that could lead to there demise.
Thank you,
Kenneth Dehn Jr.
Dehn's 4 Seasons Hq Inc
Jeff,
After thinking about this issue all afternoon another items comes to mind & that is
all of the Realtor signs & all of the other little signs that people are putting on both
private property as well as public property. You know the ones that I am talking
about that come on the wire frame that you just push in the ground. It's nothing for
us to come by our business on a Sunday morning & have 25 Realtor signs on our
property in the ditch in front of our place.
I guess not being at the meetings I am not sure what they are objecting to as far as
portable signs but would think that these small signs would have to fall into the
portable sign category also.
Actually I feel that these small signs that seem to be popping up everywhere are
more of an eyesore than our larger portable reader board signs.
Thanks again,
Jay
PROHIBITION OF TEMPORARY SIGNS
Elk River Area Chamber of Commerce
Page 4 of 6
Jeff,
We are grateful for your attention in bringing our opinion on the proposed
portable sign changes to the City Counsel meeting.
At A#1 Battery Source we depend on innovative means of advertising as
our location on highway 10 is difficult to see.
In the past we have used banners and the portable black signs for
advertising. The response from our customers is positive, by increasing sales by
up to 50%.
On the proposed regulations we have the following concerns.
1). Part (b), Cost of a permit, if this cost could be kept to $25, which breaks
down to $2.50 per day on a 10 day permit, it would remain affordable.
2). Part (e), only allowing one permit per year, we would suggest a change
to 4 times per year.
3). Part (f), a concern of ours has been the black signs left up for long
periods of time, with 2 or more displayed at the same location. The appearance is
cluttered
and distracting to drivers
3). Part (h), in our location if the banner were to be attached to the building
there would be no visibility.
4). Part (i), we are in favor of this as banners are often difficult to see
around causing traffic concerns.
Thanks for your attention on this matter,
Joy DuBois (Manager) and Karen Sharpe (Owner)
Hi Victoria,
Although Christ Lutheran is in Otsego, as a member of the Elk River
Chamber, I want to express my desire that this type of signage continue to be
allowed. We frequently utilize special signage like this to announce our holiday
worship schedules or other special events. I believe that the Otsego ordinance on
the same matter limits the size of these portable signs and also the amount of time
they can be left out - which I believe is three weeks. Perhaps something like this
would provide a fair compromise.
Thanks, Pastor Greg Pagh
PROHIBITION OF TEMPORARY SIGNS
Elk River Area Chamber of Commerce
Page 5 of 6
Dear Jeff,
Rich and I do not support an ordinance prohibiting us from using
temporary/portable signs on our property.
My property is the only place I may advertise and not have to pay anyone else.
We have already paid enough for that right.
Sincerely,
Richard and Dawn Schulz
PROHIBITION OF TEMPORARY SIGNS
Elk River Area Chamber of Commerce
Page 6 of 6
ORDINANCE 06-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1 AND 30-866 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 30-1 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Section 30-1. Definitions
Portable sign mems my sign designed to be remo';ed md not permmently affixed to the
ground or to a structure or building, such as changeable readerboard constructed of durable
geeds-:
Portable sign (see temporary sign)
Temporary sign means a sign or ad\'Crtising display constructed of cloth, canvas, fabric,
plywood or other light material ilftd designed or intended to be displayed at a site for a short
period of time.
Temporary sign means any sign which is erected or displayed for a specified period of time and
designed to be to be movable from one location to another and which is not permanently
attached to the ground and! or structure.
Section 2. Section 30-866 titled, District Regulations, of the City of Elk
River Code of Ordinances shall be amended to read as follows:
Sec. 30-866. District regulations.
The following signs are allowed in all districts:
(1) All signs not requiring permits as set forth in section 30-860(b).
(2) One on-premises temporary 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
approval by the city of the project unless m elttension is grilftted 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 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 following 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.
(7) One on-premises temporary or portable sign per premises (property) may be installed, as
allowed by the Community Development Director director of plllillling or their his designee
for special e';ents, grand openings or holidays. Temporary or portable signs are also subject to
the following:
a. Signs may not be displayed for more than a total of 90 days per calendar year~
property. A single permit shall not exceed 30 consecutive days.
b. Signs may not be displayed without a permit. Up to six permits per year may be issued to
a business, not to exceed the number of days allowed in subsection (7)a of this section. Each
permit must indicate the number of days, and the dates, the sign is to be displayed. Fer-
premises with 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 is refundable if the sign meets all requirements in this section and is
remo';ed on time. The City will release deposits following removal of the sign according
to the permit. and receipt of a written request to do so.
c. Maximum sign size shall be limited to thirty-two square feet.
i. Thirty two square feet if the adjacent roadway has a posted speed of 11 miles per hour or
less; or
2. Sixty four square feet if the adjacent roadway has a posted speed of 15 miles per hour or
~
d. Signs must be located on the property of the business with the speeia:l 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 fundraising activities, provided that they obtain
permission from the property owner. Signs from nonprofit organizations shall not be counted
as one of the six permits allowed to the property owner. Nonprofit organizations shall be
limited to three. signs per event and the signs shall not exceed the number of days
allowed in subsection (7)a of this section.
e. Signs may not be placed in any the right-of-way and must be located on an approved
surface; not including fire lanes and/or circulation drive lanes. meet sigH setbacks.
Approved surfaces include: asphalt. concrete. class-5. crushed concrete.
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f. Only signs for City of Elk River functions can be placed on City of Elk River
properties.
g. For purposes of this ordinance. City of Elk River property leased to other entities shall
not be considered City of Elk River property.
h. f.. Signs must not be unsafe or dangerous and must be securely anchored.
g. On premises construction signs having a sign area of 61 square feet or less are 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 permitted 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 construction sign not to exceed 32 square fect in sign area. Such a sign
may be erected 30 days prior to the beginning of construction and shall be removed 30 days
following completion of construction. Such signs must not be illuminated.
.(11} fH1 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 permission 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 two 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-
of-way.
(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 law.
S:\PLANNING\Case Files\2006\OA \OA 06-06 Signs\Ordinance Adopt Exhibit 1&2.DOC
Passed and adopted by the City Council of the City of Elk River this 16th day of
October, 2006.
Stephanie Klinzing
Mayor
ATTEST:
Joan Schmidt
City Clerk
S:\PLANNING\Case Files\2006\OA \OA 06-06 Signs\Ordinance Adopt Exhibit 1&2.DOC
ORDINANCE 06-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1 AND 30-866 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 30-1 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Section 30-1. Definitions
Portablc sign means any sign designed to be l'CffiO'lcd and not permanently affixed to the gr-oUl1d or
to a structure or building, such llS changeable readerboa:rd const..-ueted of durable goods.
Portable sign (see temporary sign)
Temporary sign means a sign or ad'.'Crtising display const..\:lcted of cloth, canvas, fabric, plY';\l'ood or
other light material and designed or intended to be displftycd at a site fof' a short period of time.
Temporary sign means any sign which is erected or displayed for a specified period of time and
designed to be to be movable from one location to another and which is not permanently attached to
the gronnd and/or structure.
Section 2. Section 30-866 titled, District Regulations, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
Sec. 30-866. District regulations.
The following signs are allowed in all districts:
(1) All signs not requiring permits as set forth in section 30-860(b).
(2) One on-premises temporary combination area identification, construction and real cstate 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 pl'o;eet tmless an extension is granted by the city cmmcll. 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 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 96 square feet in sign area for commercial lots. Such a sign must be
removed ten days following 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.
(7) One on premises tcmpora:ry or portable sign per premises, as allmved by the director of
planning or his designee for special e'.-cents, gt'ftlld openings or holidays. Temporary or portable signs
are also subject to the fdlowing:
a. Signs fll8.y not be displayed f-or more than 90 days per ealendar year.
b. Signs may not be displayed without a pennit. Up to six pennits per year may be issued to a
business, not to ex-ceed the number of days allowed in subsection (7)a of this section. Each pennit
must indicate the number of days, the sign is to be displayed. For premises with multiple businesses,
signs mU3t be located a m:inimUlll of 100 feet apart.}~ fee and Eleposit at a level established by
ordinance adopted by the Elk Riv:er at}' Council is required. The Eleposit is refundable if the sign
meets allrequir-ements in this section and is remo..red on tim.e.
c. MlHfimum sign size shall be limited to:
1. Thirty n\'o sq1:l1H'e feet if the adjacent road","ll}" has a postea speed of 11 miles per hour or less; or
2. Sixty f-our square feet if the adjacent roadWftY has a posted speed of 15 miles per hour or morc.
d. Signs must be located on property of the business with the special clent and the ad'.''Cf'tising
message must only relate to business conducted on that premises, except that nonprofit or charitable
organizations as defined by Internal Re'y'Cilue Code section 501(C)(3) may ha'y'C off premises signs for
their fundrsising acti'y'ities, pro'y:idcd that they obtain permission from the property owner. Signs
from nonprofit org~ons shall not be counted as one of the six permits allov."Cd to the property
owner. Nonprofit organizations shall be limited to eight signs per event
e. Signs may not be placed in the right of YI"ll}' and must meet sign setbacks.
y f. Signs must not be unsafe or dangerous and must be securely anchored.
g. On premises const..-uction signs ha';.ng a sign area of 61 square feet or less are permitted.
(7) Portable (temporary) signs are prohibited. However. the temporary use of banners for
special events. grand openings or holidays is only permitted when the following regulations
are satisfied:
a) The banner shall require a permit.
b) A fee at a level established by ordinance adopted by the Elk River City Council is
required.
c) The permit for the banner shall be valid for ten (10) consecutive days and shall be
prominendy displayed during the period of its validity.
d) Permits shall be available only for banners located on property of the business with
the special event and the message must only relate to business conducted on that
premises.
e) Only one permit per proprietorship or business is allowed per calendar year.
f) Where more than one proprietorship or business uses the same building or premise.
no more than one banner shall be in place at anyone time on that premise.
g) Banners or similar devices shall not exceed 40 square feet.
h) Banner shall be affIXed to the structure of the business with the special event.
(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
S:\PLANNING\Case Files\2006\OA \OA 06-06 Signs\Ordinance Adopt Exhibit l&3.doc
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 permitted 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 premiscs construction sign not to ex-cecd 32 square feet in sign area. Such a sign may
be e:r{;ctcd 30 days prior to the beginning of construction and shall be FemO'y'cd 30 dftys follffi\IDg
completion of construction. Such signs must not be illuminated.
(U) fHt 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 permission 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 two 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-of-way.
(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 law.
Passed and adopted by the City Council of the City of Elk River this 16th day of
October, 2006.
Stephanie Klinzing
Mayor
ArrEST:
Joan Schmidt
City Clerk
S:\PLANNING\Case Files\2006\OA \OA 06-06 Signs\Ordinance Adopt Exhibit l&3.doc