03-27-2006 CC - Laserfiche WebLink

Home Browse Search

(b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. Minn. Stat. § 462.357, subd. 1 (2)(2005). The City’s current Sign Ordinance (Section 1008.13, Non-Conforming Signs) language pertaining to nonconforming signs is inconsistent with the above statute. The Ordinance should be changed so that it is in compliance with the statute. It would be recommended the Ordinance be changed to read as follows: 1008.13 NONCONFORMING SIGNS: Any sign, including a billboard, legally existing at the time of the passage of this ordinance that does not conform in use, location, height or size with the regulations of the zone in which such sign is located to the provisions of this Ordinance shall be considered a legal nonconforming use or structure sign and may be continued in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:including through repair, replacement, restoration, maintenance, or improvement but not including expansion. “Expansion” shall be defined as any structural alteration, change or addition that is made outside of the original sign structure or design. Subd. 1. Structural alterations, enlargement, or re-erection are permissible only where such alterations would not increase the degree of the nonconformity of the sign. Nothing in this Ordinance shall prevent the return of a sign structure that has been declared unsafe by the Building Official to a safe condition. Subd. 2. Any legal, nonconforming sign shall be removed or rebuilt without increasing the extent of the sign’s nonconformity if it is damaged.When any lawful nonconforming sign is discontinued for a period of more than one (1) year, or is changed to a conforming sign, any future sign shall be in conformity with the provisions of this Ordinance. Subd. 3. Any legal, nonconforming sign shall be removed and shall not be repaired replaced, restored, or rebuilt if it is allowed to deteriorate to the extent that the cost of repair or restoration exceeds fifty (50%) of the replacement cost of the sign as determined by the City’s Building Official.damaged by fire or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no sign permit or building permit (if applicable) has been applied for within 180 days of the date of