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CHAPTER 65 - NONCONFORMITIES

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65.510 TERMINATION OF NONCONFORMING SIGNS:

Subd.1.     This section governs the termination and removal of nonconforming signs within the city. 

Subd. 2.     Signs which are now in existence and which were constructed in compliance with the terms of any prior ordinance of the City of Rochester or which were constructed in compliance with the regulations of some other public entity but became nonconforming upon the annexation of the sign location to the City, and which are not in compliance with the terms of this code are hereby designated as legal nonconforming signs and shall be subject to removal in accordance with this section.

1. Any advertising sign contained in an annexed area which conforms to the current city ordinance regulating advertising signs at the time of annexation shall increase the number of the cap set forth in Section 63.224 (1)(e).  
2. Any signs in annexed areas which did not conform to the regulations of the public entity previously responsible for administering the location of the sign are deemed illegal and must be removed immediately upon notice to the sign owner.  Any such signs which are advertising signs will not increase the number of the cap set forth in Section 63.224 (1)(e).

Subd. 3.  Termination by Abandonment.  Any nonconforming sign, the use of which has been discontinued for a period of one year, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this ordinance.  

Subd. 4.  Termination by Damage or Destruction:  If any nonconforming sign requires change, repair or maintenance which would constitute an expense of more than fifty percent of the market value cost of the sign and no building permit has been applied for within 180 days of when the property is damaged, the sign must either be removed or brought within the requirements of this section.  Any sign which must be removed shall be removed within 60 days of the date of receipt of notice from the Zoning Administrator.  Any sign requiring change, repair or maintenance to become conforming must be restored within six months of the date of the need for restoration becomes apparent.  

Subd. 5.  Sign Credits:  Any person or entity wishing to erect a new advertising sign that owns a legal nonconforming advertising sign must remove an equal or greater amount of legal nonconforming advertising sign area than the advertising sign area of the new advertising sign to be erected.

1. Once the advertising sign owner has furnished proof of the total area of nonconforming advertising sign removed and proof of removal of the supporting structure, the owner will be issued a sign credit.  This sign credit must be furnished to the Zoning Administrator before a sign permit to erect the new advertising sign will be issued.  The sign permit shall allow the erection of a new advertising sign so long as the number of the cap set forth in Section 63.224 (1)(e) is not exceeded and the amount of area of the new advertising sign does not exceed the area of the nonconforming advertising sign which was removed.
2. Except as provided in Subdivision 5(C), sign credits shall expire two years from the date of issuance.  A complete sign permit shall be submitted to and approved by the zoning administrator prior to the sign credit’s date of expiration.  If the sign credit expires, the person or entity seeking to erect a new advertising sign must remove an additional equal or greater amount of legal nonconforming advertising sign area in order to erect a new advertising sign.  In addition, if the sign credit expires, the number of the cap set forth in Section 63.224(1)(e) shall decrease by the number of expired credits.  However, the period of time during which an interim ordinance on the erection of new advertising signs is in effect will not be counted in determining whether a sign credit has expired.
3. A sign credit issued to a sign company involving a location that is adversely affected by the Trunk Highway 52 or Trunk Highway 63 reconstruction projects will expire on December 31, 2009.
4. Where a sign credit permit has been issued for an advertising sign by the zoning administrator and the sign permit expires as specified in Section 61.131(2), the sign credit will also expire.  No advertising sign may be erected following the sign permit’s expiration.
5. This replacement requirement applies to all persons or entities that own legal nonconforming signs and wish to erect new advertising signs until the person or entity no longer owns any more legal nonconforming signs.
6. In addition, even if an advertising sign owner would otherwise qualify to erect a new advertising sign pursuant to this subdivision, the advertising sign owner may not erect the sign if doing so would cause the number of the cap on advertising signs as set forth in Section 63.224 (1)(e) to be exceeded.
7. Multiple sign credits may be used to obtain a single sign permit for the erection of a single advertising sign.  The amount of the area of the new advertising sign may not exceed the area of the nonconforming advertising signs the removal of which resulted in the issuance of the sign credits.  Furthermore, the number of the cap set forth in Section 63.224 (1)(e) must be reduced by the number of sign credits submitted to the zoning administrator, minus one, in order to obtain the single permit for the new advertising sign.  (For example, the use of three sign credits to obtain one new sign permit will reduce the cap by two.)
8. If an advertising sign has been removed as a result of public purchase or condemnation initiated by the City of Rochester, then the sign owner will be entitled to either financial compensation or a sign credit, but not both alternatives.  When the City is not otherwise legally obligated to pay financial compensation, the City retains the right to designate whether the sign owner will receive financial compensation or a sign credit.  
   1. If, however, an advertising sign is removed by a public entity other than the City, the sign owner will not be entitled to a sign credit although the sign owner may still qualify for financial compensation from the other public entity.
   2. Advertising signs which are taken as a result of purchase or condemnation where the sign owner does not receive a sign credit will reduce the number of the cap set forth in Section 63.224 (1)(e) by the number of advertising signs purchased or condemned.
9. Persons or entities wishing to erect an advertising sign that do not own any legal nonconforming signs may purchase a sign credit from a current sign owner.  However, even if a person or entity purchases a sign credit, that person or entity is not entitled to erect an advertising sign if doing so would cause the cap on advertising signs as set for in Section 63.224 (1)(e) to be exceeded.
10. A sign credit may only be used in a location that meets all standards of this Code.
11. Credits may be transferred between parties through legal means.
    
    
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