(A) Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this subchapter may be continued until they are required to be removed under § 152.446.
(B) No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, a nonconforming sign may not be enlarged or altered in such a manner as to aggravate the nonconforming condition, and illumination may not be added to any nonconforming sign.
(C) A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this chapter.
(D) (1) If a nonconforming sign is destroyed by natural causes, then such sign may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this chapter, and the remnants of the former sign structure shall be cleared from the land.
(2) For purposes of this section, a nonconforming sign is destroyed if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign so damaged.
(E) The message of a nonconforming sign may be changed so long as said change does not create any new nonconformities (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).
(F) Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed within any 12-month period 50% of the value (tax value if listed for tax purposes) of such sign.
(G) If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, then that sign shall be considered abandoned and shall be removed within 30 days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
(H) (1) If a nonconforming billboard remains blank for a continuous period of 180 days, then that billboard shall be deemed abandoned and shall, within 30 days after such abandonment, be altered to comply with this subchapter, or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this section, a sign is blank if:
(a) It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating, or being offered or conducted;
(b) The advertising message it displays becomes illegible in whole or in substantial part; or
(c) The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.
(2) As soon as reasonably possible after the effective date of this chapter, the Land Use Administrator shall make every reasonable effort to identify all the nonconforming signs within the town’s planning jurisdiction. Land Use Administrator shall contact the person responsible for each such nonconforming sign (as well as the owner of the property where the nonconforming sign is located, if different from the former) and inform such person:
(a) The sign is nonconforming;
(b) How the sign is not conforming;
(c) What must be done to correct the nonconforming situation(s) and by what date; and
(d) The consequences of failure to make the necessary corrections. The Land Use Administrator shall keep complete records of all correspondence, communications, and other actions taken with respect to such nonconforming signs.
(Ord. passed 12-20-2001) Penalty, see § 152.999