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<br />Kennedy 470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis MN 55402 <br />& <br />Graven (612) 337-9300 telephone <br />(612) 337-9310 fax <br />http://www.kennedy-graven.com <br />C H A R T E R E D <br /> <br />MEMORANDUM <br /> <br />TO: Scott Riggs <br /> <br />FROM: Sarah Sonsalla <br /> <br />DATE: March 3, 2006 <br /> <br />RE: City of Mounds View – Sign Ordinance <br /> <br /> <br /> <br />Nonconformities <br /> <br /> If a nonconforming sign or billboard is damaged or destroyed, the owner does not necessarily <br />have the right to rebuild it. Pursuant to Minnesota Statute Section 462.357, a city has the authority to <br />eliminate or discontinue certain nonconforming billboards, including reconstruction in the event of <br />destruction, pursuant to certain statutory restrictions. <br /> <br />The Legislature has amended this Statute pertaining to nonconformities several times over the <br />past few years. The majority of the changes were made in 2004 and were specifically enacted to <br />invalidate language found in many local zoning ordinances. Minnesota Statute Section 462.357 now <br />reads as follows: <br /> <br />(a) Any nonconformity, including the lawful use or occupation of land or <br />premises existing at the time of the adoption of an additional control under <br />this chapter, may be continued, including through repair, replacement, <br />restoration, maintenance, or improvement, but not including expansion, <br />unless: <br /> <br />(1) the nonconformity or occupancy is discontinued for a period of more <br />than one year; or <br /> <br />(2) any nonconforming use is destroyed by fire or other peril to the extent <br />of greater than 50 percent of its market value, and no building permit <br />has been applied for within 180 days of when the property is <br />damaged. In this case, a municipality may impose reasonable <br />conditions upon a building permit in order to mitigate any newly <br />created impact on adjacent property. <br />