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Nonconforming Use Variance Request – Valtinson Sign (388 Cleveland Avenue) <br />Planning Commission Report; 9-15-20 <br /> <br /> <br />Page 9 <br />Nonconforming <br />Use Analysis: <br />Because this proposal is seeking to expand an existing legal nonconforming sign <br />(changing the sign type and surface type), the additional provisions of Section 8-640 <br />regarding Type 4 Nonconforming Uses also come into play. <br /> Subsection (1) is satisfied as it requires the landowner to undertake this <br />nonconforming use variance procedure. <br /> Subsection (2) states that approval to change the legal nonconforming use can <br />only be granted if one or more of the following conditions are met: <br />a) The total number of nonconformities is reduced; <br />b) The impact of any nonconformity on adjacent properties is reduced to the <br />greatest extent practicable; <br />c) The extent of any nonconformity is reduced where practical. <br />Given this amended application for a conforming sized sign smaller than the legal <br />nonconforming sign being replaced, staff believes the applicant can now argue <br />compliance with subsections (b) or (c). By their nature, dynamic displays are already <br />very good at controlling light, and by adding shields to each side, it can be found that <br />the impact of the current nonconforming sign and the impact of the proposed sign <br />has been reduced to the greatest extent practicable. Beyond that, reducing the legal <br />nonconforming sign by five square feet to conform with ground sign standards can <br />be argued as reducing a nonconformity where practical. Staff finds the <br />nonconforming use analysis is now satisfied. <br /> <br /> <br />Supplementary Review & Public Comment <br />Additional <br />Information: <br /> Billboards (i.e., signs that advertise things other than the business on the premises) <br />are not allowed in the B-1 district. As the applicant is proposing to erect a dynamic <br />electronic display, one condition of any approval will be no advertising for anything <br />but the business specifically on the premises. <br /> <br />Engineering <br />Review: <br /> Engineering reviewed the proposed plans for the addition and had no comments or <br />concerns. <br /> <br />Public Safety <br />Review: <br /> No comments or concerns. <br /> <br /> <br /> <br />