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<br />. <br /> <br />. <br /> <br />. <br /> <br />Memo to the City CouncillGP 99-5 <br />June 21, 1999 <br />Page 2 <br /> <br />sign from the pole and add a new sign that would have 50 SF less sign area <br />with roughly 150 SF of total sign area. <br /> <br />When studying the situation, staff found that the city ordinance provides <br />conflicting information regarding nonconforming signs and that an <br />interpretation of the ordinance is needed. <br /> <br />Elk River Citv Ordinance <br /> <br />The Sign Ordinance, section 900.22, 5, states that: <br /> <br />A. Legal Nonconforming Use - Existing signs which do not conform <br />to the specific provisions of this Section may be eligible for <br />the designation "legal nonconforming" provided that: <br /> <br />i. The Building and Zoning Administrator determines that <br />such signs are properly maintained and do not in any way <br />endanger the public. <br /> <br />ii. The sign was authorized by a valid permit or variance or <br />complied with all applicable laws prior to June 18, 1990, the <br />date of adoption of this Section. <br /> <br />B. Loss of Legal Nonconforming Use Status - A legal nonconforming <br />sign may lose this designation if the sign is relocated, <br />replaced, altered, or damaged by more than fifty percent (50%), <br />other than for change of copy of normal maintenance <br /> <br />C. Maintenance and Repair of Nonconforminq Use Signs. A legal <br />nonconforming sign is subject to all requirements of this Section <br />regarding safety, maintenance, and repair. <br /> <br />D. Relocation or Alteration of Nonconforminq Signs. The City <br />Council may, upon application of a property owner, permit the <br />alteration or relocation of a legal nonconforming sign if, after <br />a public hearing by the Planning Commission and City Council, the <br />Council determines that total compliance with the current sign <br />regulations is not reasonable but the alteration or relocation of <br />the nonconforming signs is in greater conformity with the <br />existing sign regulations and is in the best interest of the <br />community. <br /> <br />Elsewhere in section 900.34, Nonconforming Uses, of the Elk River City <br />Ordinance states: <br /> <br />Nonconforming Signs. <br /> <br />A. Signs which are nonconforming uses shall be discontinued <br />following a reasonable period for amortization of the sign. The <br />period of amortization for signs shall be not more than: <br /> <br />f:\shrdoc\planning\stevewen\ccmmo\gp99-5.doc <br />