HF 3483

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; authorizing local zoning 
  1.3             authorities to impose certain restrictions on outdoor 
  1.4             advertising devices in zoned commercial or industrial 
  1.5             areas; amending Minnesota Statutes 2000, section 
  1.6             173.16, subdivision 5.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 173.16, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [LOCAL CONTROL.] (a) Whenever a bona fide county 
  1.11  or local zoning authority has made a legitimate determination of 
  1.12  customary usage and in the judgment of the commissioner, 
  1.13  reasonably provides for size, lighting, and spacing control of 
  1.14  advertising devices, such determination shall be accepted in 
  1.15  lieu of the provisions of this chapter in the zoned commercial 
  1.16  and industrial areas within the geographical jurisdiction of 
  1.17  such authority. 
  1.18     (b) The authority granted under paragraph (a) includes the 
  1.19  authority to restrict advertising devices in zoned commercial or 
  1.20  industrial areas to advertising devices located within a 
  1.21  specified distance of a commercial or industrial structure or 
  1.22  activity actually located in the zoned area.  
  1.23     (c) All county and local zoning authorities shall give 
  1.24  notice to the commissioner of transportation of the 
  1.25  establishment or revision of any commercial and industrial zones 
  1.26  pursuant to subdivision 1.  Notice shall be by certified mail 
  2.1   sent to the office of the commissioner of transportation in St. 
  2.2   Paul, Minnesota, within 15 days after the effective date of the 
  2.3   zoning change or establishment. 
  2.4      (c) (d) The commissioner may not disapprove any zoning 
  2.5   ordinance adopted by a county or local zoning authority that has 
  2.6   the effect of establishing a business area unless the zoning 
  2.7   ordinance would result in the loss to the state of federal 
  2.8   highway funds.