My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
1A, Clear Channel Litigation
ArdenHills
>
Administration
>
City Council
>
City Council Packets
>
2000-2009
>
2008
>
04-21-08-WS
>
1A, Clear Channel Litigation
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
4/18/2008 4:09:22 PM
Creation date
4/18/2008 4:08:46 PM
Metadata
Fields
Template:
General
Document
Clearn Channel Litigation
General - Type
Agenda
Date
4/21/2008
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
42
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
<br />Robert H. Lynn <br />April 15, 2008 <br />Page 6 <br /> <br />(1) the nonconformity or occupancy is discontinued for a period of more than one <br />year; or <br />(2) any nonconforming use is destroyed by fire or other peril to the extent of <br />greater than 50 percent of its market value, and no building permit has been <br />applied for within 180 days of when the property is damaged. In this case, a <br />municipality may impose reasonable conditions upon a building permit in order to <br />mitigate any newly created impact on adjacent property. <br /> <br />Minn. Stat. S 462.357, subd. Ie (a) (emphasis added). Minn. Stat. 9 462.357, subd. Ie (b) <br />specifically requires that "falny subsequent use or occupancy of the land or premises shall be a <br />conformmg use or occupancy." Minn. Stat. S 462.357, subd. Ie (b) (emphasis added). <br /> <br />This legislative prohibition on the expansion of nonconforming structures or uses merely <br />restates and preserves the longstanding judicial interpretation of the nonconforming use doctrine. <br />As the Minnesota Supreme Court explained: <br /> <br />It is not required, however, that preexisting nonconforming uses be <br />allowed to expand or enlarge. Thc public policy behind that <br />doctrine is to increase the likelihood that such uses will in time be <br />eliminated due to obsolescence, exhaustion, or destruction. This in <br />turn will lead to a uniform use of the land consistent with the <br />overall comprehensive zoning plan. <br /> <br />County of Freeborn v. Claussen, 295 Minn. 96, 99, 203 N.W.2d 323,325 (1972). <br /> <br />Plaintiff admits that the depth of the digital sign unit "is approximately eight inches <br />greater than the sign face it replaced." An increase in one or more dimensions of a structure or a <br />use constitutes an expansion or enlargement of that structure or use. See County of Lake V. <br />Cour/ney, 451 N.W.2d 338, 341 (Minn. Ct. App. 1990) (holding that roof line that was six feet <br />higher than prior roof violated county's ordinance prohibiting the enlargement, increase, or <br />extension of a nonconformity); County of Freeborn, 295 Minn. at 100,203 N.W.2d at 326 ("An <br />addition to an existing building is clearly an extension or expansion of a prior nonconforming <br />use."); Adams Ou/door Adver/ising, LP. V. Board of Zoning Appeals of City of Virginia Beach, <br />645 S.E.2d 271, 275 (Va. 2007) (holding that installation of electronic message board enlarged <br />nonconforming billboard in violation of city ordinance); Ciiy of Foley Board of Adjustmen/s and <br />Appeals V. H & S Southern Graphics Sys/ems, Inc., 878 S.E.2d 294, 299 (Ala. 2003) (holding <br />that joining two signs increased the total square footage of the sign face and changed the shape <br />of the sign in violation of municipal zoning ordinance). <br /> <br />Plaintiff insists that there was no expansion, contending that the LED sign face is <br />designed to display images that are smaller than the vinyl sign face it replaced and that the <br />overall sign footprint is the same even though the depth of the sign increased. The Virginia <br />Supreme Court recently addressed this very argument and rejected it. In Adams Outdoor <br />
The URL can be used to link to this page
Your browser does not support the video tag.