A. Owner’s Consent Required. The consent of the property owner is required before any sign may be displayed on any real or personal property within the City. In the case of public property, the owner’s consent shall be pursuant to a policy adopted by the City Council.
B. Substitution of Noncommercial Message. Subject to the owner’s consent, a non- commercial message of any type may be substituted for all or part of the commercial or non-commercial message on any sign allowed pursuant to this chapter. Design criteria which may apply to commercial signs, such as color, lettering style or height, and compatibility with other signs on the same parcel or other signs subject to a sign program, do not apply to noncommercial signs even when they are in an area subject to a sign program, master plan or specific plan. No special or additional permit is required to substitute a non-commercial message for any other message on an allowable sign, provided the sign is already permitted or exempt from the permit requirement. When a non-commercial message is substituted for any other message, the sign is still subject to the same location and structure regulations, such as size, height, illumination, duration of display, building and electrical code requirements, as would apply if the sign were used to display a commercial message or some other non-commercial message. This substitution provision shall prevail over any other provision to the contrary, whether more specific or not, in this chapter and applies retroactively to sign programs, master plans and specific plans which were adopted or approved before this chapter was enacted.
C. Substitution of Commercial Messages. This substitution provision does not automatically allow substitution of one commercial message for another commercial message, nor does it automatically allow free substitution of a commercial message in a place where only a noncommercial message is allowed. Such substitutions, however, may be allowed by other provisions of this chapter. This provision does not, by itself, allow off-site commercial messages to be substituted for on-site commercial messages, however, such substitution may also be allowed by other provisions of this chapter.
D. On-Site and Off-Site Distinction. All distinctions between on-site and off-site signs in this chapter apply only to commercial messages. All such distinctions do not apply to non-commercial messages.
E. Classification of Sign Type and Purpose. Unless otherwise allowed by state or federal law, all references to the specific function, content, or typical uses of an on-site commercial sign are non-binding and shall be deemed directory rather than mandatory.
F. Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the City Council affirmatively declares that if it had been made aware of any invalid provision(s) in this chapter, it would have approved and adopted the remaining provisions and that it desires for all valid provisions to remain in full force and effect.
Ord. 2443