ORD 06-012
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ORDINANCE 06- 12
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: sigB means any sign aesigBed to be remo v ed ana not pennanently affixed to the gfouna ()f
to a Sffucture or b1:1i:ld:i:ng, such as d'l.angcabk 1"eaaerboaffl COnSfftletea of dtlfilble goods.
Portable sign (see temporary sign)
T empo1"ltt) sigB means a sign or ad.. ertising disphry constft1ete:d of cloth, ean vas, fabric, pry ~ ood or
other Ifght matenalana desigBed or intreaed to be dispkryed at a site far a short perioa of tHne.
Temporary sign means any sign designed 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 tempora:ry combination ll1'ea identification, nonilluminated construction aftd
real estate sign not to exceed 64 % square feet in sign area or 15 feet in height for three yell1's after
a:ppmval by the city of the p1"ojeet unle:ss an extensioft is gfanted by the city COtlficil. 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.
(4) One on-premises attached nameplate per occupancy, not to exceed four square feet in sign area.
06-12
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(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 Communi(y Development Director dfrt:etor of planning or their ~ designee f6f
special e~ents, gt"and opening:! 01' holidftJs. 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. per property. A
single permit shall not exceed 30 consecutive days.
b. Signs may not be displayed without a permit. The permit shall be affixed to the sign and be
visible. Up to six permits per yelt1' ffiftJ be issued to a bminess, not to exceed the ftuffiber of dlt)3
aHo\\ed in subseeMoft (7)a of this sectioft. Each permit must indicate the number of days, and the
dates, the sign is to be displayed. For premiscs (\>1.th fflultfple busHtesses, signs fflUSt be loeated a
mini:rm:Hn of 100 feet aplt1't. A fee and deposit at a level established by ordinance adopted by the Elk
River City Council is required. The deposit is refunda:bk if the sign meets all rcquirements in this
seeMan and is reffloved Oft time. The Ci(y 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 forty-eight (48) square feet.
1. Thirty t'wo squltl'e feet if the adjaeeftt road(\>ftJ has a posted speed of 11 miles per hour or less, 01'
2. Sixty fOl:lf sqtlllre feet if the adjaceftt road'WftJ has a posted speed of 15 miles per hour 01' fflOrc.
d. Signs must be located on the property of the business with the special co ent 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. ~
from ft(mpl'otft orgaooaMons shali ftot be counted as one of the six pe1'ffl:its aHo(\>ed to the property
6Wfte1':- 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. fflcet sign setbaeks. Approved surfaces
include: asphalt. concrete, class-5. crushed concrete.
f. Only signs for Ci(y of Elk River functions can be placed on Ci(y of Elk River properties.
g. For purposes of this ordinance. Ci(y of Elk River proper(y leased to other entities shall not
be considered Ci(y of Elk River property.
h. f, Signs must not be unsafe or dangerous and must be securely anchored.
g. Oft premises e5fl.struction signs ha.";..:ng a sigfi lt1'ea of 61 sqult1'e feet 01' less are pematted.
(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. \Xlhere 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.
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(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) Oae on pl'ettJ:fses construction sign not to exeeed 32 sqtlMe feet in sign Mea. Sm:h a sign ffizry
be ereeted 30 dzry s pnof' to the beginning of construction aad shaH be reffiO, cd 30 dzry s foRo wffi.g
eompktion of eonstruction. Such signs ffil:lst not be iHttm:inatcd.
(12) f87 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. Upon publication as provided by law, this ordinance shall take effect January 1,
2007.
Passed and adopted by the City Council of the City of Elk River this 16th day of
October, 2006.
~~
Mayor
ArrEST:
Jlt~k
06-12
Jkffidavit of Publication
STATE OF MINNESOTA )
)88.
COUNTY OF SHE URNE)
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
ORDINANCE 06-12 A) The newspaper has complied with all the
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY requirements constituting qualification as a qualified
OF ELK 30-1 RIVER AMENDING news a er, as provided b Minnesota Statute 331A.02,
SECTION 30-1 AND 30-866 OF P P P Y
THE CITE' CODE OF ORDI 331A.07, and other applicable la s, as amended.
NANCES CASE NO.OA 06-06
The City Council of the City of $) The printed f 12-
Elk River does hereby ordain as
follows:Section l S e c t i o'n 30-1
titled,Definitions, of the City of
Elk River Code of Ordinances which is attached was cut from the columns of said
shall be amended to read as fol- newspaper, and was printed and published once each
lows Section 30-1. Definitions
Portable sign means any sign week, for succe sive weeks; it wa first published
designed to be removed and not
permanently affixed to the ground! on Wednesday, the day of ,
or to a structure or.building,such
as changeable readerboard con 20 OL2 , and was thereafter printed and published every
strutted of durable goods. Por-
table Wednesday to and including Wednesday, the
sign (see temporary sign) '—
Temporary sign means a sign or day of 20-; and printed below
advertising display constructed of
cloth, canvas,fabric,plywood or is a copy of the lower case alphabet from A to Z, both
other light material and designed
or intended to be displayed at a inclusive, which is hereby acknowledged as being the size
site for a short period of time.
Temporary sign means any sign and kind of type used in the composition and publication
designed i to be movable from one of the notice.
location to another and which is
not permanently;attached to the
ground and/or structure.
Section 2.Section 30-866 titled, abedefghijkImnopgrstuvwxyz
District Regulations,of the City of \
Elk River Code of Ordinances
shall,be amended to read as fol-
lows:Sec.30-866.District regula-
tons. TITLE:
The following signs are allowed
in all districts:
(1), All signs not requiring per-
mits as set forth in section Subs lsed and sworn to before me on this day of
30-860(b).
(2) One on-premises temporary 20
combination area identification,
nonilluminated construction and
real estate sign not to exceed 64
96 square feet in sign area or 15 , ,t
feet in height for three years after Notary Pike b
approval by the city of the project
unless an extension is granted by
the city;council. Sign may be •�•I � p,��gJ�nU �
erected,30 days prior to the
beginning of,construction and
shall be removed 30 days follow-
ing completion of construction. commercial users for a space $
Such signs shall not be illumi-
nated. A sign;permit is not (2) Maximum rate allowed by law for
required for construction signs. 8
(3) One on-premises nonillumi- the above matter $
nated real estate sign per lot or (g) Rate actually charged for the
premises not to exceed six square
feet in sign area for residential above matter $
lots and one on-premises nonillu-
minated real estate sign per lot or
premises not to exceed 64 96`
square feet in sign area for com-i
mercial lots. Such a sign must be Nonprofit ror organizations shall b
g e
removed ten days following clos limited to three eight signs per
ing,rental,or lease. event and the signs shall not
(4) One on-premises attached exceed the number of?days
,'
nameplate per occupancy,not to allowed in subsection(7)a;of this
exceed four square feet in sign section. -.-
area. e.Signs may not be placed in any a. Individual directional signs
(5) Political signs. Political the right-of-way and must be shall not exceed 18 square feet.
signs are permitted in all zones. located on an approved surface; b. Such signs shall be set back
Such signs shall be consistent not including fire lanes and/or ten feet from any public right-of-
with state statutes.Political signs circulation'drive lanes,meet sign, way as measured to any portion of
may be placed only on private setbacks.;Approved surfaces the sign.
property and only with the per- ', include:asphalt,concrete,class-5,' c. Such signs shall be located on
mission of the property'owner, crushed concrete, private property which is adjacent
Such signs shall not be illumi- f.Only signs for City of Elk River to an arterial road,provided that
nated. functions can be placed on City of the property owner's permission is
(i 6 ) O n - p r e m i s e s Elk River properties, obtained.
directional/informational signs - g.For purposes of this ordinance d. Such signs shall only contain
not to exceed four square feet per City of Elk River property leased the name of the rural-basedr
sign in sign area. to other entities shall not be business and the direction and
(7) One on-premises temporary " considered City of Elk River distance to the facility.Signing for
or portable sign per premises- property.h!.f. Signs must not be straight-ahead movements shall
(property)may be installed, as unsafe or dangerous and must be not be allowed..
allowed by the Community Devel- securely anchored, e. At any one intersection, any
opment Director director of plan-` g.'On-premises construction number of off-premises directional
ning or their his designee for spe- signs having a sign area of 64 signs may be erected provided
cial events, grand openings or square feet or less are permitted. that they can be accommodated on
holidays:Temporary or portable (8?) No more than one two sets of posts in no more than
signs are also subject to the fol permanent area identification ' two locations, The director of
lowing: sign shall be allowed; per' planning shall determine whether'
a. Signs may not be displayed it neighborhood, subdivision, or the posts can accommodate any
for more than a total of 90 days development. However, if the more signs.
per calendar year,per property, neighborhood, subdivision, or f• Except as otherwise'provided,
A'single permit shall not exceed i' development has entrances on all freestanding signs in
30 consecutive days. arterial and/or collector roads,; residential zones shall have a
b. Signs may not be displayed then a single area identification' maximum height limit of eight,
without a permit. The permit " sign may be allowed at each of feet and shall have a setback of!
shall be affixed to the sign and be these entrances. Each sign shall ten feet from any public'
visible. Up to six permits per year not exceed 16 square feet in sign; right-of-way,' (Code'1982, §'
may be issued to a"business,not area.The area identification sign 900.22(4)(A), (4)(B); Ord. No.
to exceed the number of days shall be placed on the same' 00-06,.§ 1, 3-20-2000; Ord, No.
allowed in subsection(7)a of this premises as the development 04-13, § 1, 8-27-2004)Section 3.?.
section. Each permit must indi- which it identifies, Upon publication as provided by
cate the number of days,and the (9)One on-premises permanent law, this ordinance shall take
dates,the sign is to be displayed, identification sign per apartment effect January 1, 2007: Passed
For premises with multiple busi- or condominium complex, not to and adopted by the City Council of
nesses, signs must be located a exceed 16 square feet in sign area• the City of Elk River this 16th day
minimum'of 100 feet apart.A fee ( 1,0 ) For permit`t e d of October,2006.
and deposit at a level established nonresidential uses, such as Stephanie Minzing,Mayor
by ordinance adopted by the Elk churches,jsynagogues, ;and' ATTEST:Joan Schmidt,
River City Council is required, schools, one on-premises` City Clerk
The deposit is refundable if the freestanding sign and one wall
sign meets all requirements in l! business sign, not to exceed 96',
this section and is removed on + square feet in total sign area.
time. The City will release Where a zoning lot has in excess
deposits following removal of the of 1,000 linear feet of combined
sign according to the permit,and street frontage,the total signage
receipt of a written request to do area shall not exceed 192 square
so• feet with no more than 96 square
c. Maximum sign size shall be!' feet:per sign. Freestanding
limited to forty-eight(48)square signage shall not exceed 20 feet in
feet. height.
1, Thirty-two square feet if the s (11) Any c o m b in a t i o n of
adjacent"raadw"ay has a posted, on-premises freestanding'and
wall-mounted real estate signs for
speed of,44 miles per hour or less, ; model homes having a combined
or total sign area not to exceed 32
2. Sixty-four square"feet if the " square feet.Freestanding signs
adjacent roadway has a posted for model homes shall have a
speed of 45 miles per hour or.. maximum height of five feet,
more. (12) One on-premises
d. Signs must be located on the construction sign not to exceed 32
property of the business with the square feet in sign area. Such a
special event and the advertising` sign may be erected 30 days prior
message must only relate to` to the beginning of construction
business conducted on that
premises;except that nonprofit or and shall be removed 30 days
charitable organizations as following'completion of
defined by Internal Revenue Code construction,Such signs must not
sectio'n'501(C)(3) may have be illuminated,
off-premises signs for their fund (12)(13)Rural-based businesses
raising activities,provided that shall be allowed four off-premises
they obtain permission from the directional signs subject to the
property owner, Signs from non- £ellowinz restrictions:
profit organizations shall not be
counted as one of the six permits
allowed to the property owner.
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