A. Severability, Excluding Signs.
1. If any court of competent jurisdiction invalidates any provision of this Title, then such judgment shall not affect the validity and continued enforcement of any other provision of this Title.
2. If any court of competent jurisdiction invalidates the application of any provision of this Title, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.
3. If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
B. Severability Regarding Signs.
1. Generally. If any Section, Subsection, paragraph, clause, provision, or portion of Title 11, Chapter 7, Signs, or any other provision of this Title related to signage, 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 Section, Subsection, paragraph, clause, provision, or portion of Chapter 7, Signs, or any other part of this Title.
2. Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of intent with respect to severability set forth in Subsection B.1., above, if any Section, Subsection, paragraph, clause, or provision of Chapter 7, Signs, or any other provision of this Title related to signage, 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 Chapter, Subchapter, Section, Subsection, paragraph, clause, provision, or portion thereof, of this Title, even if such severability would result in a situation where there could be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
3. Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. It is the intent of the City Council to ensure that the sign types and sign elements that may be constitutionally prohibited by this Title continue to be prohibited. Accordingly, without diminishing or limiting in any way the declarations of intent with respect to severability that are set forth in Subsections B.1. and B.2., above, if any Section, Subsection, paragraph, clause, provision, or portion of Chapter 7, Signs, or any other provision of this Title related to signage, 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 Section, Subsection, paragraph, clause, provision, or portion of Chapter 7, Signs, pertaining to prohibited signs or sign elements, or any Chapter, Section, Subsection, paragraph, clause, provision, or portion thereof, of this Title.
4. Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Council to regulate signage in a manner that implements the purposes of Chapter 7, Signs, as expressed therein. The City finds that the purposes stated in Chapter 7, Signs, are legitimate, substantial, and compelling public interests and are not intended to suppress free expression, and that any incidental restriction on expression that may occur as a result of those regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then:
a. It is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of comparable geometry and character; that is more restrictive than the stricken provision in terms of sign area, and if the sign area is the same, sign height.
b. If it is not possible for the court to strike only the portion of the provision that is found to relate to content, only that portion of any provision that may be found to be unconstitutional related to content shall be severed from Title 11, Chapter 7, Signs. (Ord. 746, 11-14-2017)