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<br />State Statutes for Nonconforminl!: Structures/Uses <br /> <br />The appeal letter from Clear Channel includes a portion of State Statute 462.357 Subd. l(e)(a) <br />regarding nonconforming uses (Attachment 7D-4). The full Statute regarding nonconformities is <br />as follows: <br /> <br />462.357 Subd. Ie. Nonconformities. (a) Any nonconformity, including the lawful use or <br />occupation of land or premises existing at the time of the adoption of an additional control under <br />this chapter, may be continued, including through repair, replacement, restoration, maintenance, <br />or improvement, but not including expansion, unless: <br />(1) the nonconformity or occupancy is discontinued for a period of more than one year; or <br />(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 <br />percent of its market value, and no building permit has been applied for within 180 days of <br />when the property is damaged. In this case, a municipality may impose reasonable conditions <br />upon a building permit in order to mitigate any newly created impact on adjacent property. <br />(b) Any subsequent use or occupancy of the land or premises shall be a conforming use or <br />occupancy. A municipality may, by ordinance, permit an expansion or impose upon <br />nonconformities reasonable regulations to prevent and abate nuisances and to protect the <br />public health, welfare, or safety. This subdivision does not prohibit a municipality from <br />enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar <br />adults-only businesses, as defined by ordinance. <br />(c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, <br />maintenance, improvement, or expansion of nonconforming uses and structures in floodplain <br />areas to the extent necessary to maintain eligibility in the National Flood Insurance Program <br />and not increase flood damage potential or increase the degree of obstruction to flood flows <br />in the floodway. <br /> <br />Electronic Billboard Research <br /> <br />Although safety concerns related to electronic billboards were not the primary discussion topic at <br />the Planning Commission hearing with Clear Channel, some residents, other cities, and <br />researchers have expressed concern about the potential safety hazards of electronic billboards. <br />SRF, Inc prepared a report for the City ofMinnetonka summarizing some ofthe research on <br />electronic billboards (Attachment 7D-6). The research reports cited in the SRF report are <br />available upon request. <br /> <br />Attachment 7D-6 also includes the report "Scenic America: Billboards in the Digital Age" to <br />help provide some additional context. <br /> <br />City of Arden Hills <br />City Council Meeting - September 10, 2007 <br /> <br />\\Metro-inet.us\ardenhillslP/anning\City Council Memos\2007\C/ear Channel Electronic Billboardl091007 - Clear Channel - Permit Denial <br />Appeal.doc <br /> <br />Page 5 of6 <br />