3.5. SR 07-20-2009REQUEST FOR ACTION
To Item Number
Ci Council 3.5.
Agenda Section Meeting Date Prepared by
Communi Develo ment ul 20, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Sign Regulations erem Barnhart, Plannin Mana er
• Ordinance Amending Certain Sections within Chapter 30 Reviewed by
Pertaining to Signs
• Resolution for Summary Publication of the Ordinance
Amending Certain Sections within Chapter 30 Pertaining to
Signs
Action Requested
Staff is requesting the City Council approve:
1. The Ordinance amending certain sections within chapter 30 of the City of Elk River code of
ordinances pertaining to signs.
2. The Resolution approving notice of summary publication of ordinance #09-_an ordinance
amending certain sections within chapter 30 of the city of Elk River code of ordinances
pertaining to signs.
Summary
On June 15, 2009 the City Council approved the proposed changes to certain sections of chapter 30
pertaining to signs.
Attachments
• Ordinance #09-_
• Resolution #09
Action Motion by Second by Vote
FOllow Up
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ORDINANCE 09 - _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING CERTAIN SECTIONS WITHIN CHAPTER 30
OF THE CITY OF ELK RIVER
CODE OF ORDINANCES
PERTAINING TO SIGNS
Case No. OA 09-01
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Sections 30-854, 30-855, 30-856, 30-857, 30-858, 30-859, 30-860, 30-861, 30-862, 30-865,
30-866 and 30-867 of the City of Elk River Code of Ordinances shall be amended to read as follows:
Sec. 30-854. Nonconforming signs.
(a) Eligibility for legal nonconforming status. Existing signs which do not conform to the specific
provisions of this subdivision may be eligible for the designation "legal nonconforming" provided
that:
(1) The Ciry Administrator, or designee, determines that such signs are properly maintained and do
not in any way endanger the public.
(2) The sign was authorized by a valid permit or variance or complied with all applicable laws prior
to June 18, 1990, the date of adoption of the ordinance from which this subdivision is derived.
(b) Loss of legal nonconforming status. A legal nonconforming sign may lose this designation if the sign
is relocated, replaced, altered, or damaged by more than 50 percent, other than for change of copy or
normal maintenance.
(c) Maintenance and repair. A legal nonconforming sign is subject to all requirements of this
subdivision regarding safety, maintenance, and repair.
(d) Relocation or Alteration. The city council may, upon application of a property owner, permit the
Alteration or relocation of a legal nonconforming sign if, after a public hearing by the planning
commission and city council, the council determines that total compliance with the current sign
regulations is not reasonable but the Alteration or relocation of the nonconforming signs is in greater
conformity with the existing sign regulations and is in the best interest of the community.
(Code 1982, ~ 900.22(5))
Sec. 30-855. Appeals.
Any failure to respond to an application within 14 days of receipt or any decision rendered by the
City Administrator, or designee, in denying a permit or in alleging a violation of this subdivision may
be appealed as provided in subdivision II of division 2 of this article.
(Code 1982, ~ 900.22(7)(I))
Sec. 30-856. Notice of violation; order to repair or remove sign.
In addition to the remedies authorized in section 30-576, the city may cause the following action to
be taken:
(1) When, in the opinion of the City Administrator, or designee, a violation of the Code exists, the
City Administrator, or designee, shall issue a written order to either the owner of the sign or the
owner of the property on which the sign is placed. The order shall specify those sections of the Code
involved, shall describe the violation and shall direct that the violation be corrected within 30 days
from the date of the order.
(2) If, upon inspection, the City Administrator, or designee, finds that a sign is abandoned or is
structurally or electrically defective, or in any way endangers the public, the City Administrator, or
designee, shall issue a written order to the owner of the sign and occupant of the premises stating the
nature of the violation and requiring repair or removal of the sign within 30 days of the date of the
order.
(Code 1982, ~ 900.22(7)(G))
Sec. 30-857. Authority of Ciiy Administrator, or designee.
(a) Administrative procedures. The City Administrator, or designee, shall process applications for
permits and variances, schedule public hearings as required, and enforce and carry out all provisions
of this subdivision. The City Administrator, or designee, is authorized to promulgate procedures
consistent with this function.
(b) Inspections. The Building Official City Administrator, or designee, is empowered, upon
presentation of proper credentials, to enter or inspect any building, structure, or premises in the city
for the purpose of inspection of a sign and its .structural and electrical connections to ensure
compliance with all applicable codes and ordinances. Such inspections shall be carried out during
business hours unless an emergenry exists.
(Code 1982, ~ 900.22(7)(A))
Sec. 30-858. Removal of signs by city.
(a) The City Administrator, or designee, may cause the removal of any illegal sign, any sign
remaining after a business closes, or any sign not properly maintained in cases of emergenry, or after
failure to timely comply with written orders for removal or repair. After removal or demolition of the
sign, a notice shall be mailed to the sign owner and owner of the property where the sign was located
stating the nature of the work and the date on which it was performed and demanding payment of
the costs as certified by the City Administrator, or designee, together with an additiona150 percent
for inspection and incidental costs. If the amount specified in the notice is not paid within 30 days
after mailing of the notice, it shall become a lien against the property where the sign was located and
shall be certified as an assessment against the property together with ten percent interest for
collection in the same manner as the real estate taxes.
(b) The owner of the property upon which the sign is located shall be presumed to be the owner of
all signs thereon unless facts to the contrary are brought to the attention of the City Administrator,
or designee, as in the case of a leased sign.
(c) For purposes of removal, a sign shall be deemed to include all sign embellishments and
structures designed specifically to support the sign.
(d) In case of emergenry, the City Administrator, or designee, may cause the immediate removal of
a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to
the public safety as defined in section 1300.0180 of the state building code.
(Code 1982, ~ 900.22(7)(I~)
Sec. 30-859. Prohibited signs.
The following types of signs are prohibited in all districts:
(1) Abandoned signs which no longer identify or advertise a bona fide business, service, product, or
activity or for which no legal owner can be found.
(2) Banners, pennants, festoons, and searchlights (inflatable balloons/displays) except as a permitted
temporary special event sign under section 30-866(7).
(3) Off-premises signs, other than advertising signs. (billboards)
(4) Signs imitating or resembling official government signs or signals.
(5) Signs attached to trees, utility poles, public benches, or streetlights, or placed on any public
property or public right-of--way.
(6) Signs placed on vehicles or trailers which are parked or placed for the primary purpose of
displaying the sign, except for portable signs or lettering on buses, taxis, or vehicles operating during
the normal course of business.
(7) Signs suspended beneath a canopy, overhang, roof, or marquee without a minimum clearance
from grade of eight feet in either a vehicular way or in a pedestrian way.
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(8) Any roof sign or sign erected above the roofline of a building.
(9) Any sign placed within 30 feet of any intersection that may obstruct motorist or pedestrian
visibility.
(10) Rotating, or Moving Signs.
(11) Unsafe/dangerous signs as determined by the City Administrator, or designee.
(12) Painted wall signs.
(13) Signs utilizing flashing and/or revolving beacon lights.
(Code 1982, ~ 900.22(3)(B))
State law references: Signs resembling traffic control devices prohibited, Minn. Stats. ~ 169.07.
Sec. 30-860. Permit.
(a) Kequired. Unless otherwise provided by this subdivision, the erection, Alteration, or relocation of
a sign shall require permits and payment of fees as described in this section. No permit is required for
the maintenance of a sign.
(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 comply with section 30-866 (2)
(2) On-premises directional/informational signs and nameplates having a sign area of four (4) feet
or less.
(3) Portable A-frame signs in the Downtown District
(4) Political signs, on-premises private sale signs or on-premises event signs.
(5) On-premises residential or commercial real estate signs that comply with section 30-866 (3)
(6) Window signs, provided they do not cover more than 50 percent of the window area.
(c) Application. Application for a permit for the erection, Alteration, change of copy or relocation of
a sign shall be made to the City Administrator, or designee, 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 City Administrator, or designee, 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 City Administrator, or designee, shall issue a permit for the erection,
alteration, change of copy 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 City Administrator, or
designee, written notice shall be provided to the applicant along with a brief statement of the reasons
for denial. The City Administrator, or designee, may suspend or revoke an issued permit for any false
statement or misrepresentation of fact in the application.
(f) Kefund of fee on denial ofpermit. If a permit is denied, the permit fee shall be refunded to the
applicant.
(g) Ke, fund 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 City Administrator, or designee, within 90
days of issuance.
(h) Expiration. A permit issued by the City Administrator, or designee, becomes null and void if
work is not completed within 180 days of issuance. If work authorized by the permit is suspended or
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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), (~(B)--(7)(E))
Sec. 30-861. Inspections.
(a) Any person performing the erection, Alteration, or relocating a sign for which a permit has been
issued shall notify the Building Official upon completion of the work. The Building Official may
require a final inspection, including an electrical inspection and inspection of footings on
freestanding signs.
(b) The Building Official may require in writing upon issuance of a permit that he be notified for
inspection prior to the installation of certain signs.
(Code 1982, ~ 900.22(7)0)
Sec. 30-862. Maintenance.
All signs shall be properly maintained, including the ground around the sign. Exposed surfaces shall
be clean and painted if paint is required. Defective parts shall be replaced on conforming signs. The
Building Official shall have the right under sections 30-856 and 30-858 to order the repair or removal
of any sign which is defective, damaged, or substantially deteriorated.
(Code 1982, ~ 900.22(3)(D))
Sec. 30-865. Indemnification of city.
All persons involved in the erection, Alteration, change of copy or relocation of signs near or upon
any public right-of--way or public property which requires the use of public property shall, as a
condition of the use of such public property for sign work, agree to hold harmless and indemnify the
city and its officers, agents, and employees against any and all claims of negligence resulting from
such work insofar as this subdivision has not specifically directed the placement of a sign.
(Code 1982, ~ 900.22(3)(G))
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 (1) on-premises nonilluminated construction sign not to exceed 64 square feet in sign area
or 15 feet in height. Sign may be erected 30 days prior to the beginning of construction and shall be
removed 3A (10) days following issuance of a Certificate of Occupanry. Such signs shall not be
illuminated.
(3) One (1) on-premises nonilluminated real estate sign per lot or premises not to exceed six (6)
square feet in sign area for residential lots and one (1) on-premises nonilluminated real estate sign per
lot or premises not to exceed 64 square feet in sign area or 15 feet in height for commercial lots.
Such a sign must be removed ten (10) days following closing, rental, or lease.
(4) One on-premises attached nameplate per occupanry, not to exceed four (4) 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 (4) square feet per sign in sign
area.
(7) One (1) on-premise temporary or portable sign per premise (property) may be installed, as
allowed by the City Administrator or their designee. Temporary or portable signs are also subject to
the following:
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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. 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 City Council is required.
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 48 square feet and shall not exceed nine (9) feet in height.
d. Signs must be located on the property of the business 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 they obtain permission from 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. If event is advertised for more than 30 days, it shall
count toward that property's 90-day limit for temporary signage.
e. Signs may not be placed in any right-of--way and must be located on an approved surface; not
including fire lanes and/or circulation drive lanes. Approved surfaces include: asphalt, concrete,
class-5, crushed concrete.
£ Only signs for the community events listed in Section 38-383 (6) may be placed on city properties.
g. For purposes of this section, City of Elk River property leased to other entities shall not be
considered city property.
h. Signs must not be unsafe or dangerous and must be securely anchored.
(8) No more than one (1) 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 and shall not exceed
eight (8) feet in height. The area identification sign shall be placed on the same premises as the
development which it identifies.
(9) One (1) on-premises permanent identification sign per apartment or condominium complex, not
to exceed 16 square feet in sign area and shall not exceed eight (8) feet in height.
(10) For permitted nonresidential uses, such as churches, synagogues, and schools, one (1) on-
premises freestanding sign and one (1) 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 fox model
homes shall have a maximum height of five feet.
12) Rural-Based Businesses shall be allowed up to four (4) off-premises directional signs subject to
the following restrictions:
a. Individual directional signs shall not exceed six (6) square feet.
b. Such signs shall be located on private property which is adjacent to an arterial road, provided that
the property owner's permission is obtained in writing.
c. Such signs shall only contain the name of the Rural-Based Businesses and the direction and
distance to the facility.
d. Except as otherwise provided, all freestanding signs in residential zones shall have a maximum
height of eight (8) feet.
e. Signing for straight-ahead movements shall not be allowed.
(Code 1982, ~ 900.22(4)(A), (4)(B); Ord. No. 00-06, ~ 1, 3-20-2000; Ord. No. 04-13, ~ 1, 8-27-2004;
Ord. No. 06-12, ~ 2, 10-16-2006; Ord. No. 07-20, ~ 1, 12-17-2007)
Sec. 30-867. Construction and location standards.
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(a) Compliance with building code. All signs shall be constructed in accordance with the requirements of
the state building code.
(b). Except as otherwise provided, all freestanding signs shall have a setback of ten (10) feet from
any property line to any portion of the sign. When a property line is located within the street, the
setback shall be 25 feet from the edge of the road.
(c) Anchoring.
(1) No sign shall be suspended so that the sign will swing in a wind.
(2) All portable signs on display shall be braced or secured to prevent motion.
(d) Wind resistance. All signs shall comply with the wind load requirements of the state building code.
(e) Obstruction of exits. No sign shall be erected, constructed or maintained so as to obstruct any fire
escape, required exit, window or door opening used as a means of egress.
(~ Interference with ventilation. No sign shall be attached in any form, shape, or manner which will
interfere with any opening required for ventilation, except that signs may be erected in front of and
may cover transom windows when not in violation of the provisions of the current building or fire
code.
(g) Clearance from electrical equpment. Signs shall be located in such a way as to maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with present electrical code
specifications.
(h) Lighting. Lighting shall be directed away from road rights-of--way and adjacent dwellings.
(Code 1982, ~ 900.22(6))
Section 2. New Sections 30-868, 30-869, 30-870, 30-871, 30-872, 30-873, 30-874, 30-875 and 30-876
shall be added to the Elk River Code of Ordinances, as follows:
Sec. 30-868. C-1 central business district.
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent signs.
a. One (1) permanent area identification sign per neighborhood, subdivision, or development,
not to exceed 64 square feet with a maximum height of 20 feet. The area identification sign
shall be located on the same premises as the development it identifies.
b. One (1) freestanding sign, not to exceed 64 square feet with a maximum height of 20 feet.
c. The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25% if
the sign is constructed as a Monument Sign.
d. Two (2) wall signs, not to exceed 64 total square feet per occupanry.
e. One on-premise menu board per drive-up or walk-up lane of a drive-in restaurant or
carwash up to a maximum of 32 square feet each. Menu boards are allowed to have a
message on one side only and may not contain an advertising message.
Sec. 30-869. C-2 office district.
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent signs.
a. One (1) permanent area identification sign per neighborhood, subdivision, or development,
not to exceed 64 square feet with a maximum height of 7 feet. The area identification sign
shall be located on the same premises as the development it identifies.
b. One (1) freestanding sign, not to exceed 32 square feet with a maximum height of 7 feet.
c. The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25% if
the sign is constructed as a Monument Sign.
d. Two (2) wall signs, not to exceed 64 total square feet per occupanry.
Sec. 30-870. C-3 highway commercial district.
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent signs.
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a. One (1) permanent area identification sign per neighborhood, subdivision, or development,
not to exceed 64 square feet with a maximum height of 30 feet. The area identification sign
shall be located on the same premises as the development it identifies.
b. One (1) freestanding sign, not to exceed 150 square feet with a maximum height of 30 feet.
One freestanding sign may be permitted for every 300 feet of Street frontage measured along
a single Street. The frontage shall only include the property in which the principal use is
located on which the sign is advertising. The additional sign(s) shall be subject to the size
and height limitations of the first allowed Freestanding or Monument sign and may be
placed no closer than 150 feet to any other Freestanding or Monument sign.
c. The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25% if
the sign is constructed as a Monument Sign.
d. Two (2) wall signs, not to exceed 200 total square feet per occupanry.
e. One on-premise menu board per drive-up or walk-up lane of a drive-in restaurant or
carwash up to a maximum of 32 square feet each. Menu boards are allowed to have a
message on one side only and may not contain an advertising message.
(3) Advertising signs. (Billboard)
a. Prohibited within 100 feet of the intersection of the highway right-of--way and any other
right-of--way or driveway.
b. Prohibited within 1,200 feet of another advertising sign on the same side of the right-of--way.
c. Shall be erected with a single pole or mono-pole structural standard and shall have
underground wiring.
d. The base of any advertising sign must be landscaped to prevent erosion and noxious weeds
and must be properly maintained.
e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly
from the height of the highest point of the sign structure to the grade level directly below the
sign. The existing grade may not be altered for the purpose of increasing sign height.
f. Shall be considered a principal use of the property. Existing advertising signs must be
removed when the parcel upon which they are situated is devoted to another principal use.
g. The city shall perform a yearly inspection of the advertising signs to ensure compliance of
said structure with the provisions of this section and other provisions of this article. The fee
for said inspection shall be set by the city council by resolution from time to time.
h. Shall only be allowed in C-3 zoned property adjacent to right-of--way for state highways
number 10 and 169.
Sec. 30-871. C-4 community commercial district
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent signs.
a. One (1) permanent area identification sign per neighborhood, subdivision, or development,
not to exceed 64 square feet with a maximum height of 10 feet. The area identification sign
shall be located on the same premises as the development it identifies.
b. One (1) freestanding sign, not to exceed 100 square feet. The maximum height shall be 10
feet along collector streets, and the maximum height shall be 20 feet along arterial streets.
c. The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25% if
the sign is constructed as a Monument Sign.
d. All freestanding signage shall be a Monument Sign.
e. Two (2) wall signs, not to exceed 200 total square feet per occupancy.
Sec. 30-872. DD downtown district
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent signs.
Signs should be designed to fit with the character, proportions and scale of the individual building
.and should complement, rather than compete with, the character of downtown.
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a. Prohibited signs: back-lit signs (excluding individual letters), molded plastic cabinet signs,
smooth/flat plastic signs and signs with strobe lights, flashing elements or distracting
actions.
b. One (1) wall mounted sign and one (1) projecting sign shall be allowed on each Primary
Facade and on one Secondary Facade, which does not extend above the roofline of an
adjoining building.
c. A total of one square foot of wall mounted signage per one linear foot of Unit Width, not to
exceed 32 square feet shall be allowed.
d. Wall mounted signs shall not exceed 24 inches in height nor project out more than eight (8)
inches from facade.
e. Wall mounted signs shall not be higher than the bottom of the Stringcourse.
£ Projecting sign(s) shall not exceed six (6) square feet in area, shall not project more than four
(4) feet from facade and shall not be thicker than six (6) inches.
g. A projecting sign shall project out perpendicular from facade.
h. Projecting sign and structural elements shall not be lower than eight (8) from the sidewalk
nor shall be higher than the bottom of the sill of the second floor windows.
i. Signage shall be constructed of metal, wood, stone, plastic (with three dimensional reliefs)
and/or cloth.
j. The brackets and structure for projecting signs shall be ornamentally designed.
k. With the exception of individual letters, only externally illuminated signs are allowed.
1. Monument signs shall not be allowed. Existing monument signs erected prior to the date of
the adoption of this section can be rebuilt to the same size in the same location.
m. Aside from a date and name stone not exceeding three (3) square feet, no signage shall be
placed within the parapet panel area.
n. Window signs and temporary on-site signs attached to or painted on a window may not
cover more than 50 percent of the window surface area.
o. Portable signs shall be limited to unlit A-frame signs with a maximum height of three (3) feet
and a total area of six (6) square feet per side. Such signs shall not obstruct pedestrian traffic
nor impede vehicular traffic.
p. Only one (1) portable sign may be displayed directly in front of a business at any given time
and shall be displayed only during business hours.
q. Street numbers must be prominently displayed at the main entrance to every business and be
visible from the street.
Sec. 30-873. I-1 light industrial district
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent signs.
a. One (1) permanent area identification sign per neighborhood, subdivision, or development,
not to exceed 64 square feet with a maximum height of 20 feet. The area identification sign
shall be located on the same premises as the development it identifies.
b. One (1) freestanding sign, not to exceed 150 square feet with a maximum height of 30 feet.
Where a lot has in excess of 300 feet of street frontage, one (1) additional Freestanding or
Monument sign will be allowed. This sign shall be subject to the size and height limitations
of the first allowed Freestanding or Monument sign and may be placed no closer than 150
feet to any other Freestanding or Monument sign on the same premise.
c. The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25% if
the sign is constructed as a Monument Sign.
d. One (1) wall sign, not to exceed 120 square feet per occupancy.
(3) Advertising signs. (Billboard)
a. Prohibited within 100 feet of the intersection of the highway right-of--way and any other
right-of--way or driveway.
b. Prohibited within 1,200 feet of another advertising sign on the same side of the right-of--way.
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c. Shall be erected with a single pole or mono-pole structural standard and shall have
underground wiring.
d. The base of any advertising sign must be landscaped to prevent erosion and noxious weeds
and must be properly maintained.
e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly
from the height of the highest point of the sign structure to the grade level directly below the
sign. The existing grade may not be altered for the purpose of increasing sign height.
f. Shall be considered a principal use of the property. Existing advertising signs must be
removed when the parcel upon which they are situated is devoted to another principal use.
g. The city shall perform a yearly inspection of the advertising devices to ensure compliance of
said advertising structure with the provisions of this section and other provisions of this
article. The fee for said inspection shall be set by the city council by resolution from time to
time.
h. Shall only be allowed in I-1 zoned property adjacent to right-of--way .for state highways
number 10 and 169.
Sec. 30-874. I-2 medium industrial district
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent signs.
a. One (1) permanent area identification sign per neighborhood, subdivision, or development,
not to exceed 64 square feet with a maximum height of 20 feet. The area identification sign
shall be located on the same premises as the development it identifies.
b. One (1) freestanding sign, not to exceed 150 square feet with a maximum height of 30 feet.
Where a lot has in excess of 300 feet of street frontage, one (1) additional Freestanding or
Monument sign will be allowed. This sign shall be subject to the size and height limitations
of the first allowed Freestanding or Monument sign and may be placed no closer than 150
feet to any other Freestanding or Monument sign on the same premise.
c. The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25% if
the sign is constructed as a Monument Sign.
d. One (1) wall sign, not to exceed 120 square feet per occupanry.
(3) Advertising signs. (Billboard)
a. Prohibited within 100 feet of the intersection of the highway right-of--way and any other
right-of--way or driveway.
b. Prohibited within 1,200 feet of another advertising sign on the same side of the right-of--way.
c. Shall be erected with a single pole or mono-pole structural standard and shall have
underground wiring.
d. The base of any advertising sign must be landscaped to prevent erosion and noxious weeds
and must be properly maintained.
e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly
from the height of the highest point of the sign structure to the grade level directly below the
sign. The existing grade may not be altered for the purpose of increasing sign height.
f. Shall be considered a principal use of the property. Existing advertising signs must be
removed when the parcel upon which they are situated is devoted to another principal use.
g. The city shall perform a yearly inspection of the advertising devices to ensure compliance of
said advertising structure with the provisions of this section and other provisions of this
article. The fee for said inspection shall be set by the city council by resolution from time to
time.
h. Shall only be allowed in I-2 zoned property adjacent to right-of--way for state highways
number 10 and 169.
Sec. 30-875. BP business park district
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent signs.
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a. One (1) freestanding sign, not to exceed 64 square feet with a maximum height of 8 feet.
b. All freestanding signage shall be a Monument Sign.
c. One (1) wall sign, not to exceed 120 square feet per occupancy.
Sec. 30-876. CRT commercial reserve transitional district
(1) Temporary signs as permitted in section 30-851 et seq.
(2) Permanent Signs.
a. One (1) freestanding sign, not to exceed 150 square feet with a maximum height of 30 feet.
b. Three (3) wall signs, not to exceed 300 square feet per occupancy.
Section 3. Sections 30-1022, 30-1023, 30-1024, 30-1025, 1026, 30-1292, 30-1293, 30-1294 and 30-
1583 of the City of Elk River Code of Ordinances shall be amended to read as follows:
Sec. 30-1022. C-1 central business district.
(c) Accessory uses. Accessory uses in the C-1 district are as follows:
(1) Signs as permitted in section 30-851 et seq.
(2) Off-street parking facilities.
(3) Off-street loading facilities.
(4) Telephone booths.
(5) Private recreational facilities.
(6) Public shelters and essential services.
Sec. 30-1023. C-2 office district.
(c) Accessory uses. Accessory uses in the C-2 district are as follows:
(1) Signs as permitted in section 30-851 et seq.
(2) Off-street parking facilities.
(3) Off-street loading facilities.
(4) Telephone booths.
(5) Private recreational facilities.
(6) Public shelters and essential services.
Sec. 30-1024. C-3 highway commercial district.
(c) Accessory uses. Accessory uses in the C-3 district are as follows:
(1) Signs as permitted in section 30-851 et seq.
(2) Off-street parking facilities.
(3) Off-street loading facilities.
(4) Telephone booths.
(5) Private recreational facilities.
(6) Public shelters and essential services.
Sec. 30-1025. C-4 community commercial district.
(c) Accessory uses. Accessory uses in the C-4 district are as follows:
(1) Uses customarily incidental to the permitted or conditional uses allowed in this district.
(2) Off-street parking areas.
(3) Signs as permitted in section 30-851 et seq.
Sec. 30-1026. C-4 DD downtown district
(c) Accessory uses. Accessory uses in the Downtown district are as follows:
(1) Off-street parking facilities.
(2) Off-street loading facilities.
(3) Telephone booths.
(4) Private recreational facilities.
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(5) Public shelters and essential services.
(6) Sale of firearms.
(7) Signs as permitted in section 30-851 et seq.
Sec. 30-1292. I-1 light industrial district
(c) Acce.crory uses. Accessory uses in the I-1 district are as follows:
(1) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility, but is located within a
business, the principal use of which is not commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the gross floor area of the
occupied quarters.
c. The retail sales activity is accessory to the principal use.
d. No sign identifying the retail sales is visible from the outside of the building.
(2) Signs as permitted in section 30-851 et seq.
Sec. 30-1293. I-2 medium industrial district
(c) Acce.raory uses. Accessory uses in the I-2 district are as follows:
(1) Accessory structures.
(2) Signs as permitted in section 30-851 et seq.
Sec. 30-1294. BP business park district
(c) Accessory user. Accessory uses in the BP district are as follows:
(1) Off-street parking lots or facilities.
(2) Private recreational facilities.
(3) Public shelters and essential services.
(4) Retail sales, provided the following conditions are met:
a. The retail sales activity shall not be located in an administrative office facility, but shall be located
within a business, the principal use of which is not commercial sales.
b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a
maximum of 5,000 square feet of the occupied quarters, whichever is less.
c. The retail sales activity shall be related and subordinate to the principal use.
d. No sign identifying or promoting that retail sales occur within the building shall be visible from
outside the building.
e. Freestanding retail shops and stores shall be limited to those which complement other uses
within the business park and provide a service to those other businesses, and shall not exceed 20,000
square feet in size.
£ Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the
premises may be permitted as an accessory use provided no more than ten percent of the building is
used for retail/wholesale sales.
(5) Therapeutic massage when offered within the confines of a medical or chiropractic clinic.
(6) Signs as permitted in section 30-851 et seq.
Sec. 30-1583. CRT commercial reserve transitional district
(c) Accecrory uses.
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds including metal skinned buildings.
(4) Signs as permitted in Section 30-851 et seq.
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Section 4. 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 20th day of
July, 2009.
Attest:
Tina Allard
Ciry Clerk
Stephanie Klinzing
Mayor
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RESOLUTION 09-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF
SUMMARY PUBLICATION OF ORDINANCE #09-_
AN ORDINANCE AMENDING CERTAIN SECTIONS
WITHIN CHAPTER 30 OF THE CITY OF ELK RIVER
CODE OF ORDINANCES PERTAINING
TO SIGNS
WHEREAS, on July 20, 2009 the Elk River City Council adopted Ordinance 09-_
amending certain sections of Chapter 30 of the City of Elk River Code of
Ordinances pertaining to signs; and
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary will clearly inform the
public on the intent and effect of Ordinance #09-_; and
WHEREAS, a copy of the full text of Ordinance #09-is available for inspection by any
person at the office of the Elk River City Clerk, 13065 Orono Parkway,
during regular business hours - 8:00 a.m. to 4:30 p.m., Monday through
Friday; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council, by at least four-fifths
vote, authorizes publication of the title and summary of Ordinance #09-_
and that Ordinance #09-_ shall become effective upon publication of this
resolution.
Public Notice
During their July 20, 2009 meeting, the City Council adopted Ordinance No. 09- The
ordinance amends Chapter 30 of the City of Elk River Zoning Ordinance pertaining to the
regulations of signs.
In sulnlnary, Ordinance #09--makes the following five (5) changes:
1. Consolidating sign regulations into one location within Chapter 30 of the Zoning
Ordinance.
2. Allowing additional freestanding signage for large lots in the Highway Commercial
zones.
3. Encouraging Monument style signs by allowing greater sign area for Monument
Signs.
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4. Allowing Temporary Signs on City properties only fox the community events listed
in the City of Elk River Zoning Ordinance.
5. General amendments and changes to provide consistency and remove dated or
redundant information.
Passed and adopted this 20~' day of July, 2009.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
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