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Notwithstanding anything in this Chapter to the contrary, any sign allowed under this Chapter, without a permit, by sign permit, or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message so long as said sign complies with the size, height, area and other requirements of this Chapter.
(A) Generally
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter.
(B) Severability where less speech results
Without diminishing or limiting in any way the declaration of severability set forth above in subsection (A), above, or elsewhere in this chapter, the LDO, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
(C) Severability of provisions pertaining to prohibited signs
Without diminishing or limiting in any way the declaration of severability set forth above in subsection (A), above, or elsewhere in this chapter, the LDO, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under Section 9.1.4(C). Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Section 9.1.4(C) is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Section 9.1.4(C) thereby ensuring that as many prohibited sign types as may be constitutionally prohibited continue to be prohibited.
(D) Severability of prohibition on billboards
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter and/or any other LDO provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained in this Chapter or this LDO.
(Ord. No. 2016-LDO-02, 12-8-16; Ord. No. 2022-LDO-02, 4-28-22)
New Ordinance Notice:
Publisher's Note: Section 9.2 has been amended by Ord. 2023-LDO-01, approved 2/9/2023, effective 2/9/2023.
Publisher's Note: Section 9.2 has been amended by Ord. 2023-LDO-01, approved 2/9/2023, effective 2/9/2023.
This Section 9.2 applies to permanent signs in all zoning districts.
(B) Unless otherwise specified in a Master Sign Plan, the structural supports and foundation of principal ground signs shall match the principal material found in the principal structure(s) on the site.
(C) Background material of principal ground signs shall match the primary material found in the principal structure(s) or be architecturally compatible in style and color (e.g., materials such as synthetic wood and other similar materials may be considered).
(D) Materials such as metal, PVC, and acrylic may be used for individual letters and raceways.
(E) Changeable copy shall be allowed only on signs permitted in accordance with Section 9.2.5 for theaters, service stations, and for property with an institutional use provided that:
(1) A theater with a marquee may display changeable copy on the marquee. A theater without a marquee may display one (1) changeable copy sign on each wall permitted to have wall signs.
(2) A service station may use up to one-half (½) of the area of its principal ground sign or one-half (½) of the area of any wall sign for changeable copy.
(3) A property with an institutional use may have changeable copy on up to fifty percent (50%) of the principal ground sign and/or the entire area of Directional signs. When used on a principal ground sign, the materials must follow the standards for principal ground signs stated in this chapter.
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