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Basis for Sil!n Permit Application Denial A copy ofthe sign permit application denial is included in attachment 4A-4. For easy reference, the reasons for the denial are as follows: . Section 1230.02 Subd 8 of the Sign Code prohibits new permanent off-premise signs, including billboards. Due to this provision, the Clear Channel billboard is a legal, nonconforming use. Altering or enhancing a nonconforming use is prohibited (Section 1280.01 Subd 4 ofthe Sign Code). . Section 1240.02 Table 1 of the Sign Code limits lighting options for freestanding signs in Sign District 7 to external lighting only. Section 1210.01 Subd 6. of the Sign Code defines extemallighting as "[illumination] by means of external light fzxtures directed at the sign," The proposed sign is using a lighting source other than external lighting. . Section 1320.13 Subd 6.G.3 of the Zoning Code states that "Any billboard located in the GB District may be expanded, altered, relocated or otherwise modified solely upon written approval of the City, provided the expansion, alteration, relocation or modification is authored by the City of Arden Hills in connection with a transaction which will result in a net reduction in the number of billboards or in the aggregate sign face area of the billboards, located within the GB District." The provisions of this section have not been met. There has been a difference in opinion between City Staff and Clear Channel over whether a sign permit was required for the changes made to the billboard. Clear Channel has continued to support the idea that the changes made to the billboard did not require a sign permit. Nevertheless, a sign permit application was submitted on May 21,2007 (Attachment 4A-3). For your reference, Section 1270.01 Subd. 2 of the Arden Hills Sign Code states that the following activities require a sign permit: A. Replacing the sign copy. B. Removing the sign for the repair of the cabinet or any part thereof. C. Changes made to the size, height or bulk of the sign or addition of illumination. D. Changes in poles, structural supports, bases or shrouds, footings or anchor bolts, moving the sign to a new location, or replacement ofthe interior or exterior cabinet frame, except the sign face. Since a sign permit has now been issued, whether a permit is needed or not is less of an issue in terms of evaluating the appeal. The Planning Commission's decision on the appeal should be based on the merits of the sign as opposed to whether a sign permit was needed. Reviewing Chanl!es to Nonconforminl! Structures/Uses When reviewing changes to nonconforming signs (and structures where appropriate), the following questions are commonly asked: City of Arden Hills Planning Commission Meetingfor August 1,2007 \\Metro-inet.uslardenhillslPlanning\Planning CommissionWew-Old Business\2007\OB0107 - Clear Channel Sign Permit Application Denial Appeal.doc Page 3 of5