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01-27-2020-R
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01-27-2020-R
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ARDEN HILLS PLANNING COMMISSION – January 8, 2020 5 <br />Community Development Manager/City Planner Mrosla stated the Planning Commission <br />shall hold a Public Hearing to review an amendment to Chapter 12, Sign Code to clarify and add <br />language to make non-commercial signs in an election years consistent with temporary off- <br />premise signs and Minnesota State Statutes. <br />Community Development Manager/City Planner Mrosla explained the City has initiated <br />proposed amendments to Chapter 12, Section 1230.01, Subd. 2 of the Sign Code. The existing <br />language from section 1230.01, Subd. 2 states: <br />Non-commercial Signs in an Election Year. Signs of any size containing noncommercial <br />speech may be posted from August 1 in any general or City election year until ten (10) <br />days following the general election and thirteen (13) weeks prior to any special election <br />until ten (10) days following the special election provided that the signs are in compliance <br />with Minnesota Statutes. These non-commercial signs shall be placed in accordance with <br />Section 1250.03 Subd 2, 3, and 4.” <br />Community Development Manager/City Planner Mrosla reported the ordinance language <br />above is inconsistent with Minnesota State Statute 211B.045. Minnesota State Statute 211B.045 <br />states: <br />All noncommercial signs of any size may be posted in any number beginning 46 days <br />before the state primary in a state general election year until ten days following the state <br />general election. Municipal ordinances may regulate the size and number of <br />noncommercial signs at other times.” <br />Community Development Manager/City Planner Mrosla indicated the existing ordinance <br />language restricts the placement of non-commercial signs until August 1st in an election year. <br />However, Minnesota State Statute 211B.045 permits non-commercial signs to be posted 46 days <br />prior to the state primary election. Minnesota primary elections occur on the second Tuesday of <br />August in election years or on August 11, 2020. Per the statute, signs may be posted 46 days <br />prior to the primary election or June 28, 2020. In response, staff worked with the city attorney <br />on the proposed language below. <br />Non-commercial Signs in an Election Year. In years where a federal, state or local <br />government election is conducted within the city, non-commercial signs may be posted <br />no more than 46 days prior to that election. These non-commercial signs shall be placed <br />in accordance with Section 1230.02 and 1250.03 Subd. 2, 3, and 4. Those responsible for <br />posting the signs shall remove any signs within 10 days following an election.” <br />Community Development Manager/City Planner Mrosla commented the proposed language <br />addresses all types of elections and removes the need to address special elections. The proposed <br />language is in conformance with Minnesota State Statute 211B.045 and permits non-commercial <br />signs to be posted no more than 46 days prior to the election. Staff added specific code sections <br />that defines where signs may be located. Section 1230.02 is addresses prohibited sign placement <br />locations and 1250.03 regulates temporary off-premise signs.
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