§ 10.01.03. Termination of nonconforming development or structure.

(a)

Generally. Nonconforming development or structures must be brought into full compliance with the use regulations in article II of this Land Development Code, and the development design and improvement standards in article VI of this Land Development Code, in conjunction with the following activities:

(1)

The gross floor area of the development or structure is expanded by more than ten percent. Repeated expansions of a development, constructed over any period of time commencing with the effective date of this Land Development Code, shall be combined in determining whether this threshold has been reached.

(2)

Reconstruction of the principal structure after the structure has been substantially destroyed by fire or other calamity. A structure is substantially destroyed if the cost of reconstruction is 50 percent or more of the fair market value of the structure before the calamity. If there are multiple principal structures on a site, the cost of reconstruction shall be compared to the combined fair market value of all the structures.

(3)

It is the intent of this Land Development Code to permit those nonconformities that existed on June 10, 1975, to continue until they are removed, but not to encourage their survival. Those few structures shall not be enlarged upon, expanded or extended. Owners of such properties must apply in writing to the town by January 1, 1993, for recognition of their status, providing such proof, as is available, of their existence in a nonconforming status as of June 10, 1975.

Any nonconforming property that existed on June 10, 1975, but has changed its usage to a single-family residence shall not be permitted to revert back to duplex usage.

(b)

Special provisions for specific nonconformities.

(1)

Nonconformity with the stormwater management requirements of this Land Development Code. In addition to the activities listed in subsection (a) of this section, an existing development that does not comply with the stormwater management requirements of this Land Development Code must be brought into full compliance when the use of the development is intensified, resulting in an increase in stormwater runoff or added concentration of pollution in the runoff.

(2)

Nonconforming with the parking and loading requirements of this Land Development Code. In addition to the activities listed in subsection (a) of this section, full compliance with the requirements of this Land Development Code shall be required where the seating capacity or other factor controlling the number of parking or loading spaces required by this Land Development Code is increased by ten percent or more.

(3)

Nonconforming signs.

a.

Defined. Any sign within the town on the effective date of this Land Development Code or a sign existing within any area annexed to the town after the effective date of this Land Development Code, and except for subdivision signs erected prior to 1990, which is prohibited by, or does not conform to the requirements of, this Land Development Code; except that signs that are within ten percent of the height and size limitations of this Land Development Code, and that in all other respects conform to the requirements of this Land Development Code, shall be deemed to be in conformity with this Land Development Code.

b.

Amortization.

1.

Alternative A.

(i)

All nonconforming signs with a replacement cost of less than $100.00, and all signs prohibited by division 8.02.00, prohibited signs, of this Land Development Code, shall be removed or made to conform within 60 days of the enactment of this Land Development Code.

(ii)

All other nonconforming signs shall be removed or altered to be conforming within seven years of the effective date of this Land Development Code, unless an earlier removal is required by subsection (a) or (b)(3)b.2(ii)C of this section.

2.

Alternative B.

(i)

All nonconforming signs with a replacement cost of less than $100.00, and all signs prohibited by division 8.02.00, prohibited signs, of this Land Development Code, shall be removed or made to conform within 60 days of the enactment of this Land Development Code.

(ii)

Unless an earlier removal is required by subsection (a) or (b)(3)b.2(ii)C of this section, all other nonconforming signs may be maintained for the longer of the following periods:

A.

Two years from the date upon which the sign became illegal under this Land Development Code;

B.

A period of three to seven years from the installation date or most recent renovation date that preceded the enactment of this Land Development Code according to the amortization table in this subsection. If the date of the more recent renovation is chosen as the starting date of the amortization period, the period of amortization shall be calculated according to the cost of the renovation and not according to the original cost of the sign;

Sign Cost or Permitting Years Renovation from Installation Cost or Renovation Date
$101.00 to $1,000.00	3 years
$1,001.00 to $3,000.00	4 years
$3,001.00 to $10,000.00	5 years
More than $10,000.00	7 years

 

C.

Any owner of a sign who requests an amortization period longer than two years shall, within one year from the date of enactment of these regulations, file with the town manager a statement setting forth the cost of the sign, the date of erection, or the cost and date of most recent renovation and a written agreement to remove the sign at or before the expiration of the amortization period applicable to the sign; or

D.

The development review board may grant a variance from the terms of the foregoing amortization schedule for up to one additional year where it finds such additional period of time is necessary in order to avoid unnecessary hardship not caused by the petitioner, and such variance is not contrary to the public interest. Multiple one-year extensions may be granted where warranted, but may only be granted one year at a time.

(c)

Continuation of nonconforming signs. Subject to the limitation imposed by the amortization schedule above, and subject to the restrictions in subsection (a) or (b)(3)b.2(ii)A and B of this section, a nonconforming sign may be continued and shall be maintained in good condition as required by this Land Development Code, but it shall not be:

(1)

Structurally changed to another nonconforming sign, but its pictorial content may be changed.

(2)

Structurally altered to prolong the life of the sign, except to meet safety requirements.

(3)

Altered in any manner that increases the degree of nonconformity.

(4)

Expanded.

(5)

Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50 percent of the appraised replacement cost as determined by the town manager.

(6)

Continued in use when a conforming sign or sign structure shall be erected on the same parcel or unit.

(7)

Continued in use when the structure housing the occupancy is demolished or requires renovations the cost of which exceeds 50 percent of the assessed value of the structure.

(8)

Continued in use after the structure housing the occupancy has been vacant for six months or longer.

Should any of the conditions in this subsection (c) be violated, the sign shall be removed within 60 days.

(d)

Nonconforming signs along federal highways. If it is determined that nonconforming signs along a federal interstate or primary aid highway may not be removed pursuant to the above provisions, the town council shall develop a plan for their expeditious removal in accordance with state and federal law.

(Ord. No. 91-6, § 3(10.01.03), 2-11-1992; Ord. No. 94-2, § 1(e), 2-8-1994)