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3. Section 30-872(b)(12) provides that "monument" signs shall not be allowed <br /> in the Downtown Development District. <br /> 4. Section 30-872 includes specific performance standards for all allowable signs <br /> in the Downtown Development District and does not include any such standards for <br /> freestanding or monument signs. <br /> 5. The clear intent of Section 30-872 is to not allow monument or freestanding <br /> signs in the Downtown Development District. <br /> 6. Section 30-866 of the Zoning Ordinance sets forth general sign regulations <br /> applicable in all zoning districts, and does not expressly prohibit freestanding signs in the <br /> Downtown District. <br /> 7. Section 30-860(e) of the Zoning Ordinance provides that where a matter of <br /> interpretation arises, the inore specific definition or higher standard shall prevail. <br /> 8. Pursuant to Section 30-860(e), Section 30-872, which does not allow <br /> monument or freestanding signs in the Downtown Development District, as the more <br /> specific ordinance, prevails over the general regulations in Section 30-866. <br /> 9. Section 30-872(b) of the Zoning Ordinance provides that "signs should be <br /> designed to fit with the character, proportions and scale of the individual building and <br /> should complement,rather than compete with, the character of downtown." <br /> 10. The proposed sign, which is 17 feet high and 10 feet wide, does not fit with <br /> the proportion and scale of the building and does not complement the historical character of <br /> downtown. <br /> 11. Section 30-872(b)(1) and (11) of the ordinance prohibit back-lit signs and <br /> allow only externally illuminated signs. The proposed sign does not comply with these <br /> requirements. <br /> 12. Section 30-859(9) of the ordinance prohibits any sign placed within 30 feet of <br /> any intersection that may obstruct motorist or pedestrian visibility. <br /> 13. The proposed sign is within 30 feet of the Parish Avenue/Main Street <br /> intersection, which is already problematic and difficult to maneuver, and would obstruct <br /> visibility at this difficult intersection. <br /> DECISION <br /> NOW, THEREFORE, E IT RESOLVED that the City Council of the City of Elk <br /> River, based on the findings of fact set forth above, finds that the proposed sign is not <br /> allowed by the Zoning Ordinance and denies the appeal from the decision of the Board of <br /> Adjustment. <br /> f OWEREn 0 Y <br /> NATUREI <br />