The purpose of this section is to permit such signs that will
not, by their size, location, construction, or manner of display,
obstruct the vision necessary for traffic safety, or otherwise endanger
public health, safety and morals; and to permit and regulate signs
in such a way to support and complement land use objectives set forth
in this chapter.
As used in this section, the following terms shall have the
meanings indicated:
A device, fixture, placard, or structure that uses color,
form, graphic, illumination, symbol or writing to provide identification,
direct attention or to communicate information of any kind to the
public regarding a person, entity, organization, business or idea,
and is further defined as any surface, fabric or device bearing lettering,
pictorial or sculptured matter designed to convey information visually
and exposed to public view; or any structure (including billboards,
poster panels, or other graphic displays) designed to carry the above
visual information.
BANNER SIGNAny sign intended to be hung, either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and logo flags of any institution or business shall not be considered banners for the purpose of this article.
FREESTANDING SIGN or POLE SIGNAny sign supported permanently upon the ground, by varied means, and not attached to any building or structure, whose purpose is not to support such sign.
MONUMENT SIGNAny sign in which a stone or brick structure is used to mount the sign area on, in or as integral part of such structure, in which the entire bottom is in close proximity to the grade.
WALL SIGNAny sign supported by a building wall and attached flat against the wall surface, projecting no more than six inches.
PROJECTING SIGNAny sign supported by a building wall and attached along one edge or by a bracket perpendicular to the wall surface, projecting more than six inches. The sign may not extend more than six feet from the building wall.
Any sign that:
Is used in connection with a circumstance, situation or event
that is designed, intended or expected to take place or to be completed
within a reasonably short, or definite period after the erection of
such sign; or
Is intended to remain on the location where it is erected or
placed for a period of not more than 30 days.
If a sign display area is permanent, but the message displayed
is subject to periodic changes, that sign shall not be regarded as
temporary.
MARQUEEAny permanent roof-like structure extending from the wall of a building, but not supported by the ground, constructed of durable material, including but not limited to such materials as metal or glass, extending over areas intended for pedestrian and/or vehicular traffic and the structure is primarily for purposes of shelter rather than advertising.
CANOPYAny rigid structure, made of cloth, metal or other materials with the frame attached to a building and generally supported by the ground, extending over areas intended for pedestrian traffic and the structure is primarily for purposes of shelter rather than advertising.
DYNAMIC DISPLAYAny characteristics of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign to present a series of images or displays.
MESSAGE BOARDAny structure that can be changed by physically, or other means, to remove and replace message components of the sign.
A.
No scrolling dynamic displays, or signs illuminated by a flashing, or pulsating source and no signs lighted in such a manner as to create glare conditions on adjacent properties or any adjacent street shall be permitted. Notwithstanding anything to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. All signs shall meet the following standards in addition to those established in § 310-62:
(1)
No sign shall be brighter than is necessary for clear and adequate
visibility.
(2)
No sign shall be of an intensity or brilliance as to impair the vision
of a motor vehicle driver with average eyesight or to otherwise interfere
with the driver's operation of a motor vehicle.
(3)
No sign shall be of an intensity or brilliance that it interferes
with the effectiveness of an official traffic sign, device or signal.
B.
Dynamic displays.
(1)
Dynamic displays are allowed only on monument signs for conditionally permitted uses in residential zoning districts and on monument and pylon (pole) signs in all other commercial zoning districts. Dynamic displays may occupy no more than 25% of the actual copy and graphic area. However, dynamic display allowances for institutional uses in residentially zoned districts may be at a size that is proportional to the road speed limit requirements Subsection B(5) below. The remainder of the sign shall not have the capability to have dynamic displays even if not used. Only one contiguous dynamic display area is allowed on a sign face.
[Amended 5-24-2017 by Ord. No. 796]
(2)
A dynamic display may not change or move more often than once every
10 seconds, except one for which changes are necessary to correct
hour-and-minute, date or temperature information.
[Amended 5-24-2017 by Ord. No. 796]
(3)
The messages displayed shall be static, and the transition from one
static display to another shall be instantaneous without any special
effects. Informational content shall be alphabetic or numeric only.
(4)
The messages displayed shall be complete in themselves without continuation
in content to the next message or to any other sign.
(5)
Every line of copy in a dynamic display shall be at least seven inches
in height on a road with a speed of 25 miles to 34 miles per hour,
nine inches on a road with a speed limit of 35 miles to 44 miles per
hour, 12 inches on a road with a speed limit of 45 miles to 54 miles
per hour, and 15 inches on a road with a speed limit of 55 miles per
hour or more. If there is insufficient room for copy of this size
in the area allowed under the zoning district, then no dynamic display
is allowed.
(6)
All dynamic display backgrounds/faces shall be black. Copy and business
related symbols/icons may be in multiple colors if lighting performance
standards are met.
[Amended 5-24-2017 by Ord. No. 796]
(7)
Dynamic displays shall be designed and equipped to freeze the device
in one position if a malfunction occurs. The displays must also be
equipped with a means to immediately discontinue the display if it
malfunctions, and the sign owner must immediately stop the dynamic
display when notified by the Zoning Officer that it is not complying
with the standards of this chapter.
C.
Signs may be placed no closer than 15 feet to an adjacent highway
right-of-way line in commercial and industrial districts. In all other
cases, the sign shall meet the required setback for structures with
the exception that signs for conditional uses in residentially zoned
districts may be located at the building setback line for primary
residential structures in the zoning district in which they are located.
No sign shall be placed, erected or located so that:
(1)
It is displayed on a vehicle and visible from the public right-of-way
unless the vehicle is used for the normal day-to-day operation of
the business.
(2)
It is pasted, stapled or otherwise attached to public utility poles
or trees within the street right-of-way.
(3)
It is on public lot or public rights-of-way, unless erected by a
governmental body, or unless required to be so located by order of
a governmental body.
(4)
It is painted on, attached to, or supported by a tree, stone, cliff
or other natural objects.
D.
Signs in excess of 30 square feet in area, as well as their structural
supports, shall be made of noncombustible materials, meaning those
materials which will not ignite or deform at temperatures below 1,200°
F.
E.
The computation of sign area shall be as follows:
(1)
The surface area shall be computed by including the entire area within
a single, continuous, rectilinear perimeter of not more than eight
straight lines, or a circle, or an ellipse, enclosing the extreme
limits of the writing, representation, emblem or other display, together
with any material or color, forming an integral part of the background
of the display or used to differentiate the sign from the backdrop
or structure against which it is placed, but not including any supporting
framework or bracing that is clearly incidental to the display itself.
(2)
If the sign consists of more than one section or module, all of the
area, including that between sections or modules, shall be included
in the computation of the sign area.
(3)
With respect to two-sided, multisided, or three-dimensional signs,
the sign surface area shall be computed by including the total of
all sides designed to attract attention or communicate information.
F.
Every sign shall be designed and anchored to withstand a steady horizontal
wind pressure of at least 100 miles per hour regardless of the direction
of air movement. No loads except those of the sign itself plus normal
snow and ice loads shall be placed on the supports of the sign.
G.
No sign shall be located so as to block doors, fire escapes, operable
windows or access to them; nor shall a sign be attached to a fire
escape. No sign shall by reason of location or message content create
a traffic hazard by obstructing sight distances or confusing motorists.
H.
No sign shall be painted directly on a wall, but letters or other
devices prepared elsewhere may be applied directly to a wall or to
a display window.
I.
Where glass panels on any sign exceed three square feet in area,
they shall be wire glass or shatterproof glass; otherwise, glass areas
shall be at least one-quarter-inch-thick safety glass.
J.
The sign shall be located only on the property containing the use identified by the sign, except in the case of billboards. [See § 310-89D(4).]
A.
Permitted kinds of signs.
(1)
Identification of property limited to name and address of occupants,
such signs not to exceed two square feet in area per side.
(2)
Identification of property for sale, rental or lease indicating only
owner or broker name, address and phone number or identification of
apartment building or group, indicating only name and address of building
or group and name, address and phone number of management agency,
or a temporary "FOR SALE" sign which may be placed in a front yard,
such signs not to exceed six square feet in area, per side. The sign
shall be removed after 10 days from completion of sale. Identification
of lots for sale within a residential subdivision, during the initial
construction phase of the development, shall be limited to 32 square
feet in area, per side.
(3)
Identification of public or semipublic institutions and activities
carried on by them, such signs not to exceed 32 square feet in area
per side.
(4)
Signs of architects, engineers, developers or contractors are not
to exceed eight square feet in area, per side, and are to be removed
not later than 30 days after completion of work for which the individual
or firm was employed.
(5)
Signs for nonconforming commercial uses shall not exceed 12 square
feet in area, per side.
(6)
Identification of a subdivision development, such sign to be located on a corner lot to the entrance of the subdivision development, off the public right-of-way, with the consent/agreement of the property owner. The sign shall not exceed 24 square feet in area, per side. Subdivision identification signs shall not be required to meet the building setback criteria under § 310-87B.
(7)
Direction signage shall be allowed for approved conditional uses meeting the requirements in § 310-89G(3).
[Added 5-24-2017 by Ord.
No. 796]
C.
Location of signs.
(1)
Signs shall be located only on the property containing the land use
identified by the sign and shall be no greater that two square feet
in area per side.
(2)
Only one sign of each type permitted shall be allowed on any property,
except each contractor employed in construction on a property may
have his own sign.
(3)
Where a property abuts more than one public street, one sign indicating
sale, rental or lease of such property may occur on each street frontage.
A.
Permitted kinds of signs.
(1)
Any sign permitted in the Residential and Conservation Zone District.
(2)
Signs identifying a business or industry on property or property containing a structure or structures occupied by such business or industry, except directional signs as noted in Subsection G(3), and permitted message board signs for approved real estate offices that may contain offers of off-site properties that are listed by that office.
C.
Size of signs.
(1)
Freestanding or pole signs shall not present more than two faces
parallel to one another, back to back. For commercial or industrial
sites with one principal use, each side of the sign shall not exceed
100 square feet of area. For commercial or industrial sites with two
or more uses in the same building, the freestanding sign shall not
exceed 200 square feet of area, per side.
(2)
In any Commercial or Industrial Zone District, where at least 50,000
square feet of building floor area is occupied for commercial purposes
on a property, the owner may erect one freestanding sign with a maximum
area on each face of not more than 300 square feet, provided no other
permanent freestanding signs occur on the property.
(3)
Wall signs shall not exceed 60 square feet in area or be larger than
15% of the wall surface to which it is attached, whichever is greater.
Window and door areas may be counted in computing wall surface areas.
Signs shall not be painted on the building.
(4)
Marquees shall extend no more than five feet to either side of a
building entrance door or doors along the wall to which the marquee
is attached and may extend perpendicular no more than eight feet from
the wall surface to which it is attached.
(5)
Monument signs for commercial or industrial sites shall not exceed
100 square feet of area per each side of the sign.
(6)
Street clocks shall be considered as signs for purposes of determining
maximum permitted size, and clocks may be an integral part of a sign
if included within the sign's area.
(7)
Changeable message board signs caused by physically removing and replacing the sign or its components may occupy no more than 25% of the actual copy and graphic area. All messages displayed shall meet the criteria established in § 310-87B(5). All copy and background shall be of a single individual color throughout any message.
[Amended 5-24-2017 by Ord. No. 796]
(8)
Notwithstanding any provision to the contrary, the maximum size and
dimensions of all signs in the Neighborhood Commercial District shall
be 50% of the maximum size and dimensions for the same type of sign
in the Commercial and Industrial Zoning Districts.
D.
Location of signs.
(1)
Only one freestanding sign or monument sign identifying a business
or businesses located along an arterial road shall be permitted on
any property. Wall signs may only be located on a wall face that abuts
a street, except that on properties abutting two or more streets,
wall signs may be placed on two of the walls abutting streets. Where
a principal building is devoted to two or more permitted uses, the
operator of each use may install a wall sign upon his/her proportionate
share of the building wall to which the sign is to be affixed. The
sign may be located at the principal entrance of the business; however,
no sign shall be located on the roof of a building.
[Amended 5-24-2017 by Ord. No. 796]
(2)
Freestanding signs shall be located in the front yard or side yards
of a property abutting a public street, but not closer to a street
right-of-way than 15 feet, nor shall they create a visual hazard for
motorists because of location on the property or height above the
ground.
(3)
Wall signs shall be located between the heads of windows and doors
on the ground floor of the structure and the sills of windows on the
second floor or the top of the parapet on a one-story building. Where
a wall contains no windows, the heads of windows and doors in an adjacent
wall shall be used to determine location. Variations may be permitted
by the Building Inspector to achieve continuity of height and location
across the facade of a building.
(4)
Billboard signs.
(a)
Billboard signs shall only be permitted in a Highway Commercial
Zoning District. Billboard signs are regulated as a conditional use
and must be the principal use to which the property is devoted. There
shall be no more than one billboard sign on any premises at any one
time. The minimum lot size shall be 21,780 square feet.
(b)
Billboards shall be located within 100 feet of the center line
of an arterial street, as defined by this chapter.
(c)
Billboards shall be freestanding, ground-mounted, single-column-post-supported
displays which have no structural contact with any building or other
structure.
(d)
The maximum surface area of the sign shall be 200 square feet.
This area includes both sides if it is a two-sided sign.
(e)
The maximum height of the sign shall be 22 feet, measured from
the ground to the top of the sign.
(f)
Billboards that are not located at the grade of the arterial
street they are located along shall be located so as to be no higher
than 40 feet above the curb of the street from which they are intended
to be viewed.
(g)
No billboard shall be placed within 500 feet of any property
within a Residential or Conservation Zoning District classification,
or any public or private school property, park, library or church
when the display face of the billboard will be visible therefrom.
This required distance shall be measured along the frontage of the
street or highway on which the billboard is located.
(h)
No part of any billboard shall be located closer than 15 feet to any street right-of-way. Billboards shall be subject to the side yard and rear yard setback requirements of the Highway Commercial Zoning District, except where it adjoins a property identified in Subsection D(4)(g) above.
(i)
No billboard shall be erected closer than 1,000 feet to any
other existing or proposed billboard.
(j)
Billboards shall be either nonilluminated or indirectly illuminated,
providing all lighting is shielded and directed in a downward direction
from the top of the sign, toward the ground. No billboard and/or outdoor
display advertising structure, sign face or display lighting shall
move, flash or emit noise. No display lighting shall cause distraction,
confusion, nuisance or hazard to traffic, aircraft or other properties.
The use of colored lighting is prohibited.
(k)
The location of a billboard shall not obstruct visibility of
any other business sign, nor shall it obstruct visibility for traffic
entering or leaving any property or traveling on any street.
(l)
Landscaping requirements.
[1]
A decorative landscaped strip shall be located immediately adjoining
the supporting structure of the billboard sign and extending a minimum
of five feet from the billboard in all directions.
[2]
A hedge or other durable planting of at least two feet in height
shall extend the entire length and breadth of the required landscaped
strip.
[3]
The rear side of a single-faced billboard sign shall be of one
color and screened by existing or natural landscaping material or
by an evergreen planting at least six feet tall and extending the
length of the billboard.
[4]
Two flowering trees a minimum of six feet in height shall be
planted within the required landscaping strip.
E.
Height.
(1)
Monument signs: not to exceed six feet.
(2)
Freestanding or pole signs: not to exceed 35 feet in height, with
the bottom of sign at least eight feet off the ground; except that
freestanding or pole signs in the Neighborhood Commercial District
shall not exceed 20 feet in height.
(3)
Wall sign: not to exceed existing building height.
(4)
Canopies shall be held at least eight feet off the ground and no
part of the canopy or its supporting structure shall extend closer
than one foot to a vehicular driveway. If supported by a building
wall, canopies shall not exceed more than eight feet at right angles
to the wall.
F.
Illumination.
(1)
Signs in the Commercial and Industrial Zoning Districts may be lighted,
provided that no reflected glare occurs on adjacent roads or properties.
(2)
No sign shall produce glare conditions when the sign faces or partially
faces an adjacent residentially zoned or residentially used property,
or such a property across a street from a sign.
(3)
All digital sign message changes shall be of the static or "snap
and erase" type with a minimum time change of five seconds. Blinking,
flashing, rotating, sparkling, zoom-in, oscillating and traveling-in
types of changes shall be prohibited.
G.
Temporary and directional signs.
(1)
Permit for temporary sign.
(a)
A temporary sign not exceeding 32 square feet in area may be
allowed for a period not longer than 30 days upon approval of a permit
by the Zoning Officer and payment of a fee, as set by resolution of
the Township Council, to the Township of Hampton. The permit may be
renewed for one additional period of 30 days upon payment of a fee
as set by resolution of the Township Council. There can be only one
renewal per calendar year.
(b)
For purposes of this section, portable signs and banner signs
are considered to be temporary signs.
(2)
A temporary sign may be approved by the Zoning Officer for a period not to exceed 30 days to advertise a store opening or a special event of a business or institution. Any temporary sign shall conform to § 310-87. The applicant shall provide a description and sketch of the sign as a condition of approval.
(3)
Private traffic control signs, indicating points of entrance and
exit, may be approved by the Zoning Officer, provided such signs are
not greater than three feet off the ground, not greater than four
square feet in area, and contain only traffic directional information
and a company logo if desired. Such signs may be placed in the front
yard up to the street right-of-way line.
(4)
No signs or advertisements shall be placed on utility poles or traffic
control signs and/or their support structures. Signs on or affixed
to vehicles and/or trailers which are parked on a public right-of-way,
public lot or private lot, other than temporarily for overnight storage
on the site of a business or for maintenance, repair, loading or rendering
a service at any location which is visible from the public right-of-way
and where the apparent purpose is to advertise a product or direct
people to a business or activity located on the same lot or off-site
location are prohibited.
A.
A building permit, issued by the Zoning Officer, shall be required before any sign may be erected in Hampton Township, except as allowed by § 310-91. The construction of each sign shall comply with applicable provisions of the Pennsylvania State Building Code. A sign permit shall be required in order to erect, install, relocate, modify or change any sign within the Township unless otherwise indicated in this section. "Modify," as it is used herein, shall mean a cabinet or face replacement due to a change in the nature of the business(es) or a change in the name and ownership of a business; or replacement of supporting structures.
B.
Applications for permits shall include the following data on forms
provided by the Inspector:
(1)
Names, addresses and telephone numbers of the applicant, the contractor
to erect the sign, and the owner of the property upon which the sign
is to be located, as well as address of property if different from
owner.
(2)
Location of the sign relative to other buildings on the property,
property boundary lines and height above ground to bottom and top
of sign.
(3)
Written consent of the owner of the property on which the sign is
to be located permitting the sign to be erected.
(4)
Construction drawings and specifications for the erection of the
signs, showing materials, construction details, finishes, electrical
system, support structure, treatment of support below grade, guying
of sign or method of attachment to building, and such other structural
information as the Building Inspector may require.
(5)
Statement of a registered professional engineer that the sign meets dead load and wind pressure requirements of this article, as stated in § 310-87F.
(6)
Such other information as the Building Inspector shall require to
show full compliance with this and all other Township ordinances.
C.
Provided the application is in order, the Zoning Officer shall issue
a building permit for the erection of the sign, construction of which
shall be completed within 18 months. The Zoning Officer shall collect
a fee for each square foot of sign face area before issuing the permit.
D.
A permit shall be required for the replacement, enlargement, remodeling
or moving of any sign existing prior to adoption of this chapter.
E.
If the Zoning Officer determines that any sign or structure regulated by this article is unsafe, or otherwise is a public menace, or has been erected or maintained in violation of the provisions of this article, the owner of such sign shall be given a written notice citing the irregularities found and the actions needed to gain compliance. If, after 30 days from the date the notice was sent, the corrections have not been made, the owner shall be considered subject to proceedings as provided by Article XIX of this chapter, and in addition, the Zoning Officer may cause to have the offending sign repaired or removed with the costs thereof assessed the owner, who shall be denied any further sign permits in the Township until such assessed costs have been paid in full.
F.
If the Zoning Officer determines that a sign is causing an immediate
hazard to the public, he may order that the sign be removed immediately
without further notice, with the costs assessed to the owner.
G.
Signs advertising places of business or activities which terminate
operations shall be removed within 60 days of such termination.
A.
The following kinds of signs shall not require permits for erection:
(1)
Temporary signs advertising the sale, rental or lease of the property
on which said signs are located, provided such signs are nonilluminated
and do not exceed one sign per lot, do not exceed four feet in height
and do not exceed four square feet per face for properties zoned residential,
or do not exceed six feet in height and do not exceed 16 square feet
per face for properties zoned other than residential. All such signs
shall be removed within seven days after the closing of the sale,
rental or lease of the property. Properties that contain permitted
reader boards or dynamic displays shall use those signs to advertise
sale, rental or lease opportunities and shall not be permitted to
locate additional temporary signs.
(2)
Signs denoting the architect, engineer or contractor, when placed
upon property on which the individual or firm is employed, not to
exceed eight square feet in area and to be removed within 30 days
of completion of the project.
(3)
Occupational or professional name plates or signs not more than two
square feet in area, attached to a building, mailboxes or its supports,
containing the offices of the individual or firm advertised, and inscribed
only with the name, address, phone number and occupation thereof.
(4)
Memorial signs or tablets of incombustible materials erected by a
public or nonprofit organization.
(5)
Traffic or other municipal signs providing warning or information
to the traveling public put up by a public agency or authorized to
be put up by a public agency.
(6)
Signs erected in connection with elections or political campaigns
shall be erected no earlier than six weeks before an election and
such signs shall be removed within two weeks following the election.
No such sign shall exceed 16 square feet in area.
(7)
Signs erected in connection with municipal or school district sports
activities shall be permitted on football and baseball athletic fields.
All signs shall be one-sided and face or be directed to the interior
of the athletic facility. The sign(s) shall not be lighted and may
not exceed 15 feet in height.
(8)
Temporary window signs in commercial zoning districts or existing
commercial nonconforming properties do not require a permit. Signs
must be located on the inside of the window(s) when closed.
(9)
Temporary signs advertising auctions, garage or yard sales for properties
residentially zoned, provided that they do not exceed four square
feet in area per face and are removed as soon as the event or activity
has occurred, and provided that they shall not be permitted to be
erected more than seven days prior to the event and shall be permitted
only at the site at which the event will take place and at the nearest
road intersection. No signs may be attached to a utility pole or traffic
control sign in any way.
(10)
No-trespassing signs shall be placed a minimum of 50 feet apart.
(11)
Flags in residential districts, provided that they do not exceed
15 square feet in area.
(12)
Customary holiday decorations.
(13)
One prominently displayed building address sign that is pedestrian-
and automobile-oriented.
(14)
Any public notice or warning required by a valid applicable
federal, state or local law, regulation or ordinance.
(15)
Traffic control signs.
(16)
Signs installed by the Township shall be exempt from requirements
of this chapter.
[Added 5-24-2017 by Ord.
No. 796]
(17)
A nonilluminated/nondynamic display freestanding temporary single sidewalk "sandwich board" sign no larger than 24 inches by 36 inches, located no further than 15 feet from a pedestrian entrance to the business use and in pedestrian areas (exempt from requirements of § 310-87F).
[Added 5-24-2017 by Ord.
No. 796]
(18)
Nonstructural banner-type sponsorship signs located on Township
and HTSD properties which have been approved by Township Council.
[Added 5-24-2017 by Ord.
No. 796]
B.
Fee exempt. The following kinds of signs shall require permits but
shall not be obligated for any fees:
(1)
Temporary signs for local Hampton Township-based nonprofit, public
and semipublic use, not to exceed 25 square feet, shall not be required
to pay any fees. Each permit shall be limited to one sign on the advertised
property located within the Township and, with written permission
from said property owner(s), six off-site signs. Off-site signs shall
be no larger than four square feet and shall be limited to one sign
per off-site location. Signs shall not be located in any ROW. If the
permitted signs are not removed by the expiration of the permit time
allowance, no new permit shall be issued. No more than six fee-exempt
applications shall be permitted in a calendar year for any nonprofit
organization.
A.
If the nonconformity consists of too many freestanding signs on a
single lot, or an excess of total sign area on a single lot, the person
responsible for the violation may determine which sign or signs need
to be altered or removed to bring the development into conformity
with the provisions of this article.
B.
The following types of nonconforming signs, or signs that are nonconforming
in any of the following ways, shall be altered to comply with the
provisions of this article, or removed, five years from the date of
notice: