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1A, Clear Channel Litigation
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1A, Clear Channel Litigation
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4/18/2008 4:09:22 PM
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Clearn Channel Litigation
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Agenda
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4/21/2008
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<br />Robert H. Lynn <br />April 15,2008 <br />Page 8 <br /> <br />Roseville, 295 N. W.2d 604, 608-09 (Minn. 1980), and the intention of zoning laws regarding <br />nonconforming structures is to increase the likelihood that nonconformities "will in time be <br />eliminated due to obsolescence, exhaustion, Or destruction" and to "lead to a uniform use of the <br />land consistent with the overall comprehensive zoning plan." County of Freeborn, 295 Minn. at <br />99, 203 N.W.2d at 325. Allowing a nonconforming use or structure to be expanded in this <br />fashion violates this policy because it decreases the likelihood that nonconforming structures will <br />be replaced by conforming structures in the ordinary course of their use. Id, 295 Minn. at 100, <br />203 N. W .3d at 326 (finding that "construction of a building where none existed before <br />constitutes an expansion" in part because "the building will prolong the continuation of the <br />nonconformiug use and considerably lessen the likelihood that it will be eliminated in the <br />foreseeable future."). Plaintiff has admittedly increased the size of its billboard. It has <br />admittedly done so for the purpose of employing LED technology to "remain competitive" in the <br />outdoor advertising industry. The purpose and spirit of the City's zoning ordinance would be <br />defeated if Plaintiff could extend or prolong indefinitely the life of its nonconforming billboard <br />through an expansion. See County of Lake, 451 N.W.2d at 341 (stating that County's <br />interpretation of its zoning ordinance advanced the underlying purpose of regulating existing <br />nonconformities and that the other party's interpretation wouJd thwart the intended goal of the <br />zoning ordinance and the County's power to eliminate nonconformities). For all these reasons, <br />the City is entitled to the removal of the LED sign face and restoration of the standard sign face. <br /> <br />B. Plaintiffs' Switch from External to Non-External lIIuminlltion Violates the <br />City's Sign Code <br /> <br />Plaintiff s installation of the LED device rendered the sign unlawful in a new respect. In <br />a district in which the only form of lighting allowed is external illumination, Plaintiff replaced an <br />externally illuminated sign face with one that is not externally illuminated, thus creating a new <br />violation of the City's Sign Code. Section 1240.02, Table 1, of the Sign Code permits only <br />extemal lighting for signs located in Sign District 7, and Section 1210.01, subd. 6, defines <br />extemal lighting as illumination "by means of external light fixtures directed at the sign." The <br />static sign was illuminated by four external light fixtures located outside the sign face directed at <br />the sign face. By contrast, the LED sign relies solely upon thousands of LEDs generating light <br />On the surface of the sign itself. <br /> <br />Plaintiff insists that its sign meets the City's lighting standards by first contending that <br />the relevant standard is not whether the lighting on the sign is external, but whether the sign is an <br /><'illuminated sign" within the meaning of Section 1210.01, subd. 18. The definition of an <br />illuminated sign is <'any sign, which has characters, letters, figures, designs or outlines which is <br />illuminated by an artificial light source." Plaintiff claims that its LED sign "has no characters, <br />letters, figures, designs or outlines which are illuminated by an artificial light source." Plaintiff <br />never explains, however, why it is justifiable to ignore the plain wording of the Sign Code that <br />allows only extemal lighting of signs located in District 7, and defines that phrase. (In any event, <br />
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