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<br />State Statutes of Nonconforming StructureslUses <br /> <br />The appeal letter from Clear Channel refers to Statute 462.357 Subd. I (e)(a) regarding <br />nonconforming uses. For your reference, the full section is provided. <br /> <br />462.357 Subd. Ie. Nonconformities. (a) Any nonconfonnity, including the lawful use or <br />occupation of land or premises existing at the time of the adoption of an additional <br />control under this chapter, may be continued, including through repair, replacement, <br />restoration, maintenance, or improvement, but not including expansion, unless: <br />(I) the nonconfomlity or occupancy is discontinued for a period of more than one year; <br />or <br />(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than <br />50 percent of its market value, and no building pemlit has been applied for within 180 <br />days of when the property is damaged. In this case, a municipality may impose <br />reasonable conditions upon a building permit in order to mitigate any newly created <br />impact on adjacent property. <br />(b) Any subsequent use or occupancy of the land or premises shall be a <br />confonning use or occupancy. A municipality may, by ordinance, pennit an <br />expansion or impose upon nonconfomlities reasonable regulations to prevent and <br />abate nuisances and to protect the public health, welfare, or safety. This <br />subdivision does not prohibit a municipality from enforcing an ordinance that <br />applies to adults-only bookstores, adults-only theaters, or similar adults-only <br />businesses, as defined by ordinance. <br />(c) Notwithstanding paragraph (a), a municipality shall regulate the repair, <br />replacement, maintenance, improvement, or expansion of nonconforming uses <br />and structures in floodplain areas to the extent necessary to maintain eligibility in <br />the National Flood Insurance Program and not increase flood damage potential or <br />increase the degree of obstruction to flood flows in the floodway. <br /> <br />Sign Permit Appeal Process <br /> <br />When a sign pemlit is denied, the applicant always has the right to appeal the City Planner's <br />decision to the Planning Commission and City Council. The Planning Commission is required to <br />hold a hearing within 30 days of the date of the appeal to review the appeal. The Planning <br />Commission can then overturn or uphold the City Planner's decision. If the Planning <br />commission upholds the City Planner's decision, the applicant can then submit an appeal to the <br />City Council. The City Council must then hold a hearing within 30 days of the second appeal to <br />make a final decision. Appeals of the City Council decision would go to district court. <br /> <br />Attachments <br /> <br />2A-I Billboard Location Map and Picture <br />2A-2 Clear Channel Sign Pemlit Application <br />2A-3 June 18,2007, Sign Pemlit Denial Letter to Clear Channel <br />2A-4 July 2,2007, Sign Permit Denial Appeal from Clear Channel <br />2A-5 City ofMinnetonka settlement with Clear Channel <br />IIAferro-illcr.lIslardellhills\PlallllillglCiry CoulIcil Memos\2007\CJear Chal/llel Elecll"OlIic BiIlbonrd\070907 - CC Repol'1- Clear Chanllel <br />Electronic IM/boord.doc <br /> <br />Page 3 00 <br />