Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 572-S.F.No. 1893 
           An act relating to local government; authorizing 
          placement of community identification signs; amending 
          fees for highway advertising devices; restricting the 
          commissioner's authority over business zoning; 
          amending Minnesota Statutes 1990, sections 173.08, 
          subdivision 1; and 173.16, subdivision 5; Minnesota 
          Statutes 1991 Supplement, section 173.13, subdivision 
          4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 173.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ADVERTISING DEVICES RESTRICTED.] No 
advertising device, excepting the advertising devices described 
and permitted under sections 173.01 to 173.27, shall be erected 
or maintained in an adjacent area, after June 8, 1971, except 
the following: 
    (a) Directional and other official signs, including, but 
not limited to, signs pertaining to natural wonders, scenic and 
historical attractions, which are required or authorized by law, 
and which comply with rules which shall be promulgated by the 
commissioner relative to their lighting, size, spacing and other 
requirements as may be appropriate to implement sections 173.01 
to 173.27; 
    (b) Advertising devices advertising the sale or lease of 
property upon which they are located, provided that there shall 
not be more than one such sign, advertising the sale or lease of 
the same property, visible to traffic proceeding in any one 
direction on any one interstate or primary highway; 
    (c) Advertising devices advertising activities conducted on 
the property on which they are located, including, without 
limiting the generality of the foregoing, goods sold, stored, 
manufactured, processed or mined thereon, services rendered 
thereon, and entertainment provided thereon; 
    (d) Advertising devices stating the name and address of the 
owner, lessee or occupant of such property or information 
otherwise required or authorized by law to be posted or 
displayed thereon; 
    (e) Public utility signs; 
    (f) Service club and religious notices; 
    (g) Advertising devices of which the advertising copy or 
the name of the owner thereof is in no part visible from the 
traveled way of the aforesaid highways; 
    (h) Advertising devices which are located, or which are to 
be located, in business areas and which comply, or will comply 
when erected, with the provisions of sections 173.01 to 173.27; 
    (i) Signs placed temporarily by auctioneers under section 
169.07.; 
    (j) Community identification signs which are located within 
two miles of the community and do not exceed 750 square feet.  
"Community" means a county, town, or home rule charter or 
statutory city.  Prior to the erection of a community 
identification sign, the community must: 
    (1) obtain approval from the governing body of the 
community; 
    (2) consult with local road authorities on placement and 
location of the sign; and 
    (3) obtain consent of the owner of the land on which the 
sign is to be erected. 
    Sec. 2.  Minnesota Statutes 1991 Supplement, section 
173.13, subdivision 4, is amended to read: 
    Subd. 4.  [FEES.] The annual fee for each such permit or 
renewal thereof shall be as follows: 
    (1) If the advertising area of the advertising device does 
not exceed 50 square feet, the fee shall be $25 on July 1, 1991, 
and $30 on July 1, 1992, and thereafter. 
    (2) If the advertising area exceeds 50 square feet but does 
not exceed 300 square feet, the fee shall be $50 on July 1, 
1991, and $60 on July 1, 1992, and thereafter. 
    (3) If the advertising area exceeds 300 square feet, the 
fee shall be $100 on July 1, 1991, and $120 on July 1, 1992, and 
thereafter. 
    (4) No fee shall be charged for a permit for official signs 
and notices as they are defined in section 173.02, except that a 
fee may be charged for a star city sign erected under section 
173.085. 
    Sec. 3.  Minnesota Statutes 1990, section 173.16, 
subdivision 5, is amended to read: 
    Subd. 5.  [LOCAL CONTROL.] (1) Whenever a bona fide county 
or local zoning authority has made a legitimate determination of 
customary usage and in the judgment of the commissioner, 
reasonably provides for size, lighting and spacing control of 
advertising devices, such determination shall be accepted in 
lieu of the provisions of this chapter in the zoned commercial 
and industrial areas within the geographical jurisdiction of 
such authority. 
    (2) All county and local zoning authorities shall give 
notice to the commissioner of transportation of the 
establishment or revision of any commercial and industrial zones 
pursuant to subdivision 1.  Notice shall be by certified mail 
sent to the office of the commissioner of transportation in St. 
Paul, Minnesota, within 15 days after the effective date of the 
zoning change or establishment. 
    (3) The commissioner may not disapprove any zoning 
ordinance adopted by a county or local zoning authority that has 
the effect of establishing a business area unless the zoning 
ordinance would result in the loss to the state of federal 
highway funds. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:09 p.m.