B. Discussion of Campaign Signs
B
____"f-
MEMORANDUM
TO:
Todd Gerhardt, City Manager
CITY OF FROM:
CHANHASSEN DA TE:
Angie Auseth, Planner
~.
January 14,2008
7700 Market Boulevard
PO Box 147 SUBJ:
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax 952.227.1170
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Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
WIIW.ci .chanhassen.mn. us
Campaign Signs
BACKGROUND
In preparation of the upcoming election and update of the City Code, staff has
reviewed the campaign sign ordinance. In addition to City Code and State
regulations, staff queried other cities and will be making a recommendation for
changes to the Chanhassen City Code. Staff is requesting feedback. Based on the
feedback, a code amendment will then be processed at a later date.
ANA YLSIS
State Statute currently regulates campaign signs with the following regulations:
211B.045 Noncommercial Signs Exemption.
In any municipality, whether or not the municipality has an ordinance that
regulates the size or number of noncommercial signs, all noncommercial signs
of any size may be posted in any number from August 1 in a state general
election year until ten days following the state general election.
211B.ll Election Day Prohibitions.
This section forbids installation of campaign signs on or before Election Day
for display on Election Day or within 100 feet of polling place.
Chanhassen City Code currently regulates campaign signs with the following
regulations:
Sec 20-1255 Signs allowed without permit.
The following signs are allowed without a permit:
(1) Political campaign signs: Temporary political campaign signs are
permitted according to the following:
a. The sign must contain the name of the person responsible for such sign,
and that person shall be responsible for its removal.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
City Code - Campaign Signs
January 14, 2008
Page 2
b. Signs are not permitted in the public right-of-way.
c. Shall comply with the fair campaign practices act contained in the M.S. ch. 211B.045
d. The city shall have the right to remove and destroy signs not conforming to this
subsection.
Some of the most common problems that the City encounters with campaign signs are:
. Signs that are put up too early and/or are not removed within the time frame;
. Signs are placed in the right of way or in the site triangle;
. Signs do not meet the State Statue for setback from a polling place; and
. . Signs are placed on private property.
A query of the campaign ordinances of other cities was done through the Minnesota Chapter of
the American Planning Association. Attached is a summary of the cities that responded.
RECOMMENDA TION
The Planning Staff is recommending that modifications be made to the City Code to place state
statues and other location requirements in the Political Campaign signs section of the Code.
The recommended changes are shown in bold.
Sec 20-1255 Signs allowed without permit.
The following signs are allowed without a permit:
(1) Political campaign signs: Temporary political campaign signs are permitted according to the
following:
a. Shall comply with the fair campaign practices act contained the M.S. ch. 211B.045
b. Permitted from August 1 in a state general election year until 10 days following the
state general election and thirteen (13) weeks prior to any special election until ten
(10) days following the special election.
c. No such sign shall be located within one hundred (100) feet from any polling site.
d. The sign must contain the name of the person responsible for such sign, and that person
shall be responsible for its removal.
e. Sign shall be located on private property with permission of the property owner.
f. Signs are not permitted in the public right-of-way, or within the site triangle.
g. The city shall have the right to remove and destroy signs not conforming to this
subsection.
ATTACHMENT
1. Campaign Sign Ordinances from other Cities.
g:\plan\ka\campaign signs\cc report 1-14-08.doc
Campaign Ordinances from Other Cities
City of Andover
Our sign code has a couple sentences about campaign signs, or "Election Signs" as they're called
in the Code. They are exempted from permitting, so residents don't need to fill out a sign permit
application to put them up. They are allowed from August 1 until ten days after the election.
Breezy Point
Specifically, in our city the issue was family name or cabin designation names placed in rights of
way. We were told that preventing the placement of political signs on private property would
not be acceptable regarding constitutional issues but we could place standards as to how many,
how long the signs could displayed and when they must come down. In most communities, the
candidates are informed that if they place signs they have a set amount of time following the
primary or the general election as to when they are responsible for collecting the signs and
disposing of them.
City of Buffalo
Campaign signs are permitted under the following regulations:
SEC 13.06 SubdlF. Campaign Signs. Campaign signs in Commercial, Industrial, Agricultural
and Institutional zones not exceeding eight (8) square feet, and in all Residential zones not
exceeding four (4) square feet. The sign must contain the name and address of the person
responsible for such sign, and that person shall be responsible for its removal. Such signs shall
remain for no longer than seventy-five (75) days in any calendar year. The City shall have the
right to remove and destroy signs not conforming to this Chapter. The City shall assess a fee of
$2.00 per sign removed by the City.
City of Cambridge
Signs for candidates seeking public political office shall not exceed eight square feet in size. The
signs shall be located on private property and shall not be located on any intersection to obstruct
vehicular lines of sight. These signs shall be removed within 10 days following the date of
election.
City of Coon Rapids
Essentially, our code reflects the state law, stating that size limitations for campaign signs do not
apply between 13 weeks prior to an election and 10 days following the election. Outside of that
time frame, properties are allowed one temporary sign per frontage less than 8 square feet in
area. As for setbacks, all temporary signs must be located at least 1 foot from a public sidewalk
and 18 feet from the street if there is no sidewalk. A sign also cannot be placed in a public right-
of-way or less than 10 feet from a property line.
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Campaign Ordinances from Other Cities
City of Cottage Grove
Noncommercial Signs:
1. Noncommercial signs may be placed in any district inside the MUSA, providing such signs
do not exceed eight (8) square feet per sign in a residential area and sixteen (16) square feet
per sign in any other district. Noncommercial signs may be placed in any district outside of
the MUSA, providing such signs do not exceed sixteen (16) square feet per sign in a
residential area and thirty two (32) square feet per sign in any other district.
2. No noncommercial sign shall be on public property, including in a public right of way.
3. In residential and agricultural areas, the maximum number of noncommercial signs allowed
on anyone lot is two (2), except as provided in subsection G4 of this section.
4. In residential and agricultural areas, between August 1 and November 15, the maximum
number of noncommercial signs allowed on anyone lot is eight (8).
City of Davton
Political signs in Dayton are classified as temporary signs, we have no limitation on the number
of signs, signs may be 10 sq. ft. in residential neighborhoods, 16 sq. ft. in all other zones, 6 ft. in
height in residential zones, 8 ft. in height in all other zones, signs may be placed 60 days prior to
election day and removed within 7 days of election day, and illuminated signs are prohibited.
City of Falcon Heights
Election signs must reflect state statutes. We receive many questions from residents at every
election, but the only thing people are really concerned about is that the signs come down within
a reasonable time after the election.
City of Inver Grove Heights
Election Signs. Election signs are permitted on private property provided such signs are in
compliance with both state and county regulations and are removed within 10 days following the
election as related to the sign. No election sign shall be permitted sooner than six months
preceding the election relating to the sign.
Election signs are not required to maintain setbacks from property lines, though they are not
permitted within street right of ways.
No election sign is permitted to be affixed to a vacant building.
Election signs are permitted to be affixed to fences.
No election sign may be placed where they would obstruct safe view from any driveway. And,
no election sign may be located on the outside comer of any comer lot. The outside comer shall
be defined as the area bounded by the property line (street right of way), and a line between two
points 30 feet back in each direction from the lot comer along said property line.
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Campaign Ordinances from Other Cities
City of Lakeville
Consistent with Minnesota Statutes 211B.045, such signs are allowed during in relation to
scheduled elections without a permit.
11-23-7: PERMIT NOT REQUIRED: The following signs shall not require a permit and
are allowed in addition to those signs allowed by Sections 11-23-15 and 11-23-19 of this Title.
These exemptions, however, shall not be construed as relieving the owner of the sign from the
responsibility of its erection and maintenance, and its compliance with the provisions of this
ordinance or any other law or ordinance regulating the same.
D. All noncommercial signs of any size posted in any number from August 1 in a state
general election year until ten (10) days following general election, and thirteen (13)
weeks prior to any special election until ten (10) days following the special election.
City of Mankato
Section 10.87, Subdivision 3. No Permit Required.
5. Any political sign pertinent to Minnesota Statute 211B.045. Such signs shall be located
on private property and at least five feet from all property lines and shall not be located in
the sight triangle.
Other elections held at other times than a state general election are subject to the
following restrictions:
a. The maximum size of all signs shall be eight square feet.
b. Such signs may be erected 60 days prior to the election until three days following the
election.
c. Such signs must be at least five feet away from all property lines and shall not be
located in the sight triangle.
Minnesota Statutes 211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
In any municipality, whether or not the municipality has an ordinance that regulates the
size or number of noncommercial signs, all noncommercial signs of any size may be
posted in any number from August 1 in a state general election year until ten days
following the state general election.
Mille Lacs County
Don't - the statute regulates these types of signs. Just allow them and reference the
requirements in statute.
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Campaign Ordinances from Other Cities
City of Minneapolis
543.260 Political signs.
(a) Location. Political signs are allowed as a permitted encroachment in the required front
yard. No political sign shall be closer than eight (8) feet from any other zoning lot. No
political sign shall be placed on the public right-of-way, including boulevard trees and
utility poles.
(b) Size.
(1) Residence and OR1 Districts. One (1) freestanding or wall political sign, not to
exceed eight (8) square feet in area, shall be permitted per street frontage. A larger
political sign may be allowed, provided such sign shall be included in the calculation
of the total permitted sign area of the site and shall be regulated as such.
(2) All other districts. One (1) freestanding or wall political sign, not to exceed thirty-two
(32) square feet in area, shall be permitted per street frontage. A larger political sign
may be allowed, provided such sign shall be included in the calculation of the total
permitted sign area of the site and shall be regulated as such.
(c) Height.
(1) Residence and OR1 Districts. The height of a freestanding political sign shall not
exceed six (6) feet. A political sign mounted on a wall shall not exceed the height
requirements of the district in which the sign is located.
(2) All other districts. The height of a freestanding political sign shall not exceed fourteen
(14) feet. A political sign mounted on a wall shall not exceed the height requirements
of the district in which the sign is located.
(d) Sign removal. Signs sponsoring candidates for public office shall be removed within
ten (10) days after an election has been held unless the candidate is one (1) who
qualifies as a candidate to be named on the ballot at a general election after a primary
election. In that case, signs erected prior to the primary election may be left in place
until ten (10) days after the general election.
City of Moorhead
All non-commercial signs of any size may be posted in any manner on private property from
August 1 in a state general election year until ten (10) days following the general election and
thirteen(13) weeks prior to any regular or special city-wide election until ten (10) days following
the regular or special city-wide election. For purposes of this section, the terms regular and
special city-wide election are defined as those elections provided for in Chapter four (4) of the
Moorhead City Charter.
City of New Prague
Non-commercial speech signs: Notwithstanding any other provisions of this sign ordinance, all
signs of any size containing non-commercial speech may be posted from August 1 in any general
election year until ten (10) days following the general election and thirteen (13) weeks prior to
any special election until ten (10) days following the special election. One non-commercial
speech sign is allowed on each lot outside of the above specified time period on all properties.
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Campaign Ordinances from Other Cities
Political campaign signs in accordance with Minnesota Statute 211B.045, provided that no such
sign be located within one-hundred (100) feet from any polling site or be paced within the public
right of way.
City of North Branch
Portable and freestanding campaign signs for a period of not more than 60 days before and ten
days after an election provided no one sign is greater than 16 square feet in area, except that
there shall be no limitation of the size of campaign or other noncommercial signs during the
period from August 1 in a state general election year until ten days following the state general
election. Freestanding campaign signs may be installed only upon private property with the
permission of the property owner who shall be responsible for removal thereof. The candidate
whose candidacy is promoted by an improperly placed or otherwise illegal campaign sign shall
be held responsible therefore.
City of Northfield
(3) Political campaign signs. Signs announcing the candidates seeking public political office
and other data pertinent thereto, up to an area of 12 square feet in a commercial zone and six
square feet in a residential zone for each premises. These signs shall be confined within private
property and removed within seven days after the election for which they were made.
City of Plymouth
Temporary non-commercial speech signs are allowed in every zoning district, specifically the
Ordinance states:
(3) Non-commercial Signs. Temporary non-commercial signs of any size and in any
number may be posted from August 1 in a state general election year until ten (10) days
following the general election, and from thirteen (13) weeks prior to any special election until ten
(10) days following the special election. Signs shall be removed not more than ten (10) days
after an election. The owner or manager of the sign, the owner of the land, or the political
candidate shall be equally responsible for the proper location, maintenance, and ultimate removal
of the signs. Setback requirements may be waived for such signs, provided that they are located
on private property with the express consent of the property owner, and provided that they do not
impede safety by obstructing vision of pedestrians or motor vehicle operations.
City of Red Wing
Political Sign. In all zoning districts, political signs are permitted on private property prior to an
election and up to seven days following an election. All signs shall be setback a distance from all
property lines equal to the installed height of the sign.
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Campaign Ordinances from Other Cities
City of Rochester
(4) Exempt Signs: The following signs shall be exempt from regulation under this ordinance:
1. Any volitical camvaif!n Sif!n in lif!ht of Minnesota Statute 211 B.045.
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