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<br />Robert H. Lynn <br />April 15, 2008 <br />Page 3 <br /> <br /> <br />of a billboard. Second, any such expansion, alteration, or modification must be in connection <br />with a transaction that results in a net reduction of the number or sign face area of billboards. <br />Section 1320.13, subd. 6(G)3 of the Sign Code provides that <br /> <br />any billboard located in the GB District may be expanded, altered, relocated, or <br />otherwise modified solely upon written approval of the City, provided the <br />expansion, alteration, relocation or modification is authored [sic] by the City of <br />Arden Hills in connection with a transaction which will result in the net reduction <br />in the number of billboards or in the aggregate sign face area of the billboards, <br />located in the GB District. <br /> <br />This provision was adopted in 1998 at the request of Clear Channel's predecessor in interest, as <br />part of an arrangement under which it was permitted to build two new sign structures in <br />exchange for the removal of its other sign structures in the Gateway Business District. <br /> <br />D. The City Limits the Illumination of Signs in Sign District 7 <br /> <br />The City regnlates the illumination of freestanding signs located in Sign District 7. <br />Section 1240.02, Table I, of the Sign Code permits only extemallighting for such signs, and <br />Section 1210.01, subd. 6, defines external lighting as illumination "by means of external light <br />fixtures directed at the sign." <br /> <br />E. The City Prohibits the Alteration of a Sign Without Obtaining a Sign Permit <br /> <br />The City does not permit the alteration of a sign without obtaining a sign permit. Section <br />1220.DI of the Sign Code states that "[eJxcept for those signs listed in Section 1230.01, no <br />permanent or temporary sign shall be erected, altered, reconstructed, maintained, or moved in the <br />City without obtaining a sign permit from the City." <br /> <br />F. Plaintiff Replaced the Static Face of One ofIts Billboards With an LED Display <br /> <br />On December 7, 2006, Plaintiff began to operate an LED dynamic display on the sign, <br />which it has installed in place of the static face without notice to or permission from the City. <br />Plaintiff never submitted a sign permit application to the City before installing or operating the <br />LED face. Although Plaintiff had obtained an electrical permit from the independent contractor <br />hired by the City to receive and grant electrical permits, it never disclosed in its application that <br />it was installing an LED sign face. The department of the City responsible for issuing sign <br />alteration permits leamed about the sign only after it was installed and operational. Clear <br />Channel repeated its pre-emptive approach in most if not all of the other five cities where it <br />decided to install such devices, triggering responses that included stop-work orders and an <br />electrical shutoff (in Minnetonka), cease-and-desist letters (from Arden Hills and Maplewood), <br />and the adoption of moratoria (in all six cities except Maplewood, plus many others that feared a <br />repeat of Clear Channel's approach). <br />