language to be deleted (2) new language
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.
Official Publication of the State of Minnesota
Revisor of Statutes