5.5. SR 07-11-2006City of
Elk -`-~
River
City of Elk River Item Number
REQUEST FOR PLANNING COMMISION s.s
ACTION
Agenda Section Meeting Date Prepared by
Plannin Items ul 11, 2006 Chris Leeseber ,Park Planner
Item Description Reviewed by
Request by City of Elk River to Amend Land Use Regulations Jeremy Barnhart, Planning Manager
Section 30-860 & 30-866 re ardin si s, Public Hearin
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 Planning Commission recommend approval of the request.
Planning Commission Action Morton by Second by Voce
Follow Up
Case File: OA O6-OG
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 permits pulled and found that a majority of the signs did not have
permits, were up too long and/or were in the wrong locations.
Staff has drafted an ordinance addressing the concerns with the temporary signs and includes
changes as listed:
0 30 days per calendar year vs. 90 days currently permitted
0 3 permits per year to a premise vs. 6 permits currently permitted
o Sign must be located on an approved surface vs. 10-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:
C~ # of Davs # of Permits
Elk River 90 days 6 permits
Big Lake 60 days No Limit
Ramsey (42) 7 days @ a time 6 permits
Otsego 21 days No Limit
Maple Grove 10 days 1 pern~it
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" for that.
S:\PLANNING\Case Files\2006\OA\OA OG-06 Signs\OA OG-OG_PC.doc
Section 30-860
Proposed Language
Sec. 30-860. Permit.
(a) Required Unless otherwise provided by this subdivision, all signs shall require permits and
payment of fees as described in this section. No permit is required fox 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
(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 square feet ox 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.
(7) 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 following
information:
(1) The name and address of the owner 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. All 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 erection, 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.
When 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 pexrnit for any false statement or misrepresentation of fact in the application.
(~ Refund of fee on denial ofpermit. If a permit is denied, the permit fee shall be refiznded to the
applicant.
(g) Refund of fee on abandonment ofpermit. 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 within 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 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 ,construction °°~-' °~-' ~- ~~ sign
not to exceed 64 ~ square feet in sign area or 15 feet in height
. Si~may be erected 30 daXs
prior to the beginning of construction and shall be removed 30 days following completion of
construction. Such signs shall not be illuminated. A sign Hermit 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 s1Fi square feet in sign area for commercial lots. Such a sign must be
removed ten days following closing, rental, or lease. A sign tiermit 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, as allowed by the director of
planning or their Iris designee for special events, grand openings or holidays. Temporary or portable
signs are also subject to the following:
a. Signs may not be displayed for more than s19 30 days per calendar year.
b. Signs may not be displayed without a permit. Up to sip three permits per year may be issued to a
premise (pro~etrty~ ~, 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.
. A fee and
deposit at a level established by ordinance adopted by the Elk River Ciry Council is required. The
deposit, when requested in writing, is refundable when the sign
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. Sixty-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 with 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 fundraising activities, provided that they obtain permission from the property owner. Signs
from nonprofit organizations shall not be counted as one of the three sip permits allowed to the
property owner. Nonprofit organizations shall be limited to three eigl~ signs per event and be
limited to three events per year.
e. Signs may not be placed in any tlierighr-of--way and must be located on an approved surface;
not including fire lanes and/or circulation drive lanes. ~._~t ~:b__ ~~t'.~-cc'_,~.
f. Only signs for City of Elk River functions can be placed on City of Elk River properties
~ €: Signs must not be unsafe or dangerous and must be securely anchored.
(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.
,~. {~} 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 any one 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.
£ 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)
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