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Notwithstanding anything in this Chapter 9 or this Land Development Ordinance to the contrary, no sign or sign structure shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure.
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.
(A) Number of Colors
(1) Permanent signs may incorporate a maximum of four (4) colors, including background color, and excluding colors found in logos and trademarks allowed per Section 9.2.3(B).
(2) The text of the primary message shall be a single color, except where a second color is used to create an outline or shadow effect.
(3) The color of the text of the primary message may be altered up to twelve (12) times per year, provided the following requirements are met:
(a) The wall sign is located on a single-tenant building five (5) stories or taller; and
(b) All portions of the primary message display a single color at any given time;
(c) The frequency of change is no shorter than eight (8) hours; and
(d) A palette of up to twelve (12) sign colors for the primary message text is approved as a component of the master sign plan for the development. Such palette may not include high intensity or fluorescent colors.
(B) Color Options
(1) The following sign colors are allowed:
(a) black;
(b) white;
(c) colors found in the approved development plan and present in the same building segment where the sign is displayed;
(d) one (1) color found in the approved development plan and present in another building segment of the same development plan;
(e) one (1) color option to the Master Sign Plan that is not found in the development plan but is of a similar hue and intensity as the development plan color palette; and
(f) other colors in logos or trademarks provided that the size of the logo does not exceed twenty percent (20%) of the allowable sign area. The size of the logo may be increased to seventy-five percent (75%) of the allowable sign area provided the following standards for the logo are met:
(i) May not be internally illuminated;
(ii) Shall be three (3) dimensional;
(iii) Shall be made of carved or simulated carved wood, stone, or metal; and
(iv) Colors used shall not be high intensity or fluorescent.
(C) Prohibited Colors
The use of high intensity colors or fluorescent pigments, except as part of a logo or trademark that does not exceed twenty percent (20%) of the allowable sign area, is prohibited on permanent signs.
(A) Uniformity
Lighting on permanent signs shall be consistent throughout a project, and no permanent sign or portion thereof shall be illuminated differently from any other permanent sign, unless provided for with an approved Master Sign Plan and Development Plan in which there is variety in façade design or building type.
(B) External Illumination
Exterior illumination of permitted permanent signs shall be allowed except where prohibited for specific sign types in Section 9.2. Such lighting shall be directed only upon the sign face and architectural elements of the sign structure, and shall be directed to prevent off-site glare.
(C) Internally-illuminated Cabinet Signs
Internally-illuminated cabinet signs shall be allowed as provided below:
(1) Principal Ground Signs: A single enclosed internally-illuminated cabinet containing all sign text, logos and symbols may be incorporated into a principal ground sign subject to the following:
(a) Only the sign text and logos may be illuminated.
(b) The total area of the logo(s) shall not exceed twenty percent (20%) of the allowable sign area.
(c) Background material shall be opaque and meet requirements of Section 9.2.2.
(2) Wall Signs:
(a) A single enclosed internally-illuminated cabinet containing a logo may be incorporated into a wall sign subject to the following:
(i) The total area of the logo cabinet shall not exceed twenty percent (20%) of the allowable sign area.
(b) Internally-illuminated enclosed cabinets (such as pill signs) may be permitted as a component of a wall sign subject to the following:
(i) the principal sign message consists of internally-illuminated channel letters attached directly to the building wall, or on a raceway;
(ii) the background of the cabinet-type sign component is opaque, except where the sign message is a logo or trademark; or the sign is a theatre marquee sign or poster box per Section 9.2.5(L)(4).
(iii) the combined area of such cabinet component shall not exceed one-third (1/3) of the total area of the wall sign;
(iv) such signs are included in and comply with an approved uniform sign plan, where such plan is applicable; and
(v) construction methods and materials are consistent with the associated channel letters.
(3) Pedestrian-oriented directional ground signs may be internally-illuminated.
(4) All other internally-illuminated cabinet-style ground and wall signs shall be prohibited.
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