A.

Purpose and Intent. It is the purpose of this division to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements. It is not the purpose of this Article to regulate or control the copy or content of signs. Notwithstanding anything to the contrary in this Article, no sign shall be subject to any limitation based on the content of the message contained on such sign. It is not the intent of this Article to afford greater protection to either commercial or noncommercial speech. Any sign, display or device under this Article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with all other requirements of this Article. These sign regulations are intended to:

1.

Enable the identification of places of residents and business.

2.

Allow for the communication of information necessary for the conduct of commerce.

3.

Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

4.

Enhance the attractiveness and economic well being of the City as a place to live, vacation and conduct business.

5.

Protect the public from the dangers of unsafe signs.

6.

Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs.

7.

Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain.

8.

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business.

9.

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.

10.

Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.

11.

Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians.

12.

Require signs to be constructed, installed and maintained in a safe and satisfactory manner.

13.

Preserve and enhance the natural and scenic characteristics of this community.

14.

Promote the economic development and marketing of businesses located within an approved urban renewal area.

15.

Provide increased flexibility in the number, size, location, design and operating characteristics of signs in an approved Planned Development District.

B.

Administration and Enforcement.

1.

Building and Electrical Code Standards. All permanent signs must meet the structural and installation standards of the International Building Code and electrical standards of the National Electrical Code as enforced by the City of Hardeeville Building Department.

2.

Permit Required. No sign requiring a permit shall be erected unless a sign permit has been issued by the Planning Director or designee in accordance with the procedures of this Ordinance. Action shall be taken on permit applications within three (3) business days

3.

Fees. An applicant for a zoning permit shall pay such fees as determined necessary for application processing. These fees are due upon submission of an application and shall be determined by City Council from time to time by resolution.

4.

Permits. A permanent tag shall be attached to every installed sign. The tag shall remain the property of the City of Hardeeville and shall not be removed without the Planning Director's approval.

5.

Documentation of Signs. Upon request, the owner of any existing sign shall provide the City of Hardeeville Planning Director with evidence that documents the size, location and date of construction of all existing signs on the premises.

C.

Prohibited Signs. The following signs shall be prohibited:

1.

Flashing Sign;

2.

Pennants, Streamers, and other Animated Signs;

3.

Air Puppets and Inflatable Signs;

4.

Balloons;

5.

Signs Imitating Traffic Devices (Signal) and Signs;

6.

Signs in Wetlands;

7.

Signs in Right-of-Way;

8.

Snipe Sign and other Portable Signs;

9.

Vehicle Sign; and

10.

Roof Signs.

D.

House Numbers. All permanent, free-standing, On-Premises signs shall contain house numbers containing number at least four (4) inches in height. The area devoted to required house numbers shall not be included in the calculation of maximum sign area.

E.

Illumination. All lighted On-Premises signs shall comply with all dimensional standards set forth in this Ordinance. Additionally, all internally illuminated signs on property adjacent to non-commercial residential uses shall have an opaque background on the sign face. No glare exceeding two (2) foot candles should be directly visible from any residential zone. Neon signs shall be an allowable sign type

F.

Signs in Disrepair. Signs in disrepair shall be repaired, renovated, or removed from the premises within sixty (60) days following notice by Planning Director.

G.

Abandoned Signs. Signs advertising a person, business, service, event or other activity that is no longer available or other signs that contain inaccurate or outdated information shall be considered abandoned. Remedial action shall be taken within thirty (30) days after a sign becomes abandoned. If no remedial action is taken, the Planning Director shall give notice to the owner of record who shall have thirty (30) days to remove the sign prior to any further enforcement action being pursued. This provision shall apply to all abandoned signs, including those abandoned before March 20, 2008.

H.

Signs Interfering with Vehicular Vision.

1.

In the area near the entrance of a driveway, no sign shall obscure the travel vision from thirty (30) inches to ten (10) feet above ground level in triangular areas formed by measuring from the point of intersection of any front lot line and driveway, a distance of fifteen (15) feet along the front lot line and driveway and connecting the points to form a triangle.

2.

No sign or structure shall be erected so as to interfere with the vision of vehicles operated along any highway, street, road or driveway, or at any intersection of any street, highway or road with a railroad track. Signs determined by the Planning Director to be in violation shall be removed or relocated immediately upon notice.

(Ord. No. 2010-4-15A, § 1, 5-3-10; Ord. No. 2017-12-7D, § 1, 1-9-18)

A.

Free-Standing Signs.

1.

Maximum size, height, width, length, number of sign faces, number of signs per establishment, and required minimum height and setbacks are based upon establishment size and shall conform with Table 8.2.A.

2.

A maximum of one reader board shall be allowed per zoning lot for single or multi-tenant structures containing office, commercial, or industrial uses if attached to permanent free-standing signs. The area of the reader board shall be included in the site's total sign area allowance.

3.

All new free-standing signs are to be designed as monument signs, pedestal style signs or pole mounted signs.

4.

All pedestal style signs shall have a pole skirt.

5.

The predominate materials used for free-standing signs, excluding copy material or materials not visible from the public right-of-way, must compliment those found on the principal structure. Materials, design and color of the sign do not need to be the same as those found on the principle structure to be considered complimentary.

6.

Signs that are located in parking lots (such as directional signs) may be internally lit when constructed with routed letters or an opaque background.

7.

The hanging or attachment of objects is not permitted unless they are shown on the drawings approved for sign construction and meet all the requirements of this Ordinance.

8.

When calculating the sign area of a "monument sign," "pedestal sign," or "pole sign," the internal structural framework supporting the sign or other solid structural features (not containing copy or any graphic, word, symbol, insignia, text sample, model, device, or combination thereof which is primarily intended to advertise, identify or notify, exclusive of a frame or border) shall not be used in the calculation of the maximum area of the sign. Signs may be mounted on a base or foundation that will not be included in the square footage; however, the base for monument signs must be as wide as the sign.

B.

Wall/Facade Signs.

1.

A maximum of two (2) signs shall be allowed per wall/facade, with a maximum of four (4) per building.

2.

Maximum size of wall/facade sign shall not exceed fifteen (15) percent of the total area of the wall on which the sign is located.

3.

The hanging or attachment of objects is not permitted unless they are shown on the drawings approved for sign construction and meet all the requirements of this Ordinance.

4.

Awning Signs.

a.

The use of awnings for the purpose of providing signage will be considered a wall sign. The awning signage must meet all dimensional and intensity standards applicable to wall signs in this Article.

b.

For purposes of the subsection, an awning sign is a sign used for the purpose of providing signage and must be located above a display window or entryway.

c.

Text or graphic shall be limited to the face of an awning.

C.

Sandwich Board and Easel Signs.

1.

Businesses may have one (1) sandwich board or easel sign displaying their menu or specials.

2.

The easel sign structure shall not exceed six (6) feet in height. The sign face or message board on an easel sign shall not exceed four (4) square feet.

3.

Sandwich boards shall have a maximum surface area of eight (8) square feet per side and be a maximum of three and one-half (3.5) feet in height.

4.

Sandwich board and easel signs are permitted in HC, DGC, and DMU zoning districts and shall only be displayed when the establishment is open for business.

5.

Sandwich board signs shall be made of wood or plastic. No metal signs or signs with changeable letters will be permitted.

6.

Sandwich board and easel signs shall not block pedestrian or vehicular access.

7.

Sandwich board signs shall be placed on the sidewalk directly in front of the business. No off-premise sandwich board signs are permitted.

D.

Off-Site Directional Sign Program. The following shall regulate and establish a standardized program of off-site residential directional kiosk signs and commercial centers of over two hundred fifty thousand (250,000) square feet (heated area) for the City of Hardeeville. For the purposes of this subsection, residential projects with an approved model home or sales centers permit may participate in the approved kiosk directional program.

1.

The kiosk location plan, sign structure and panel design shall be approved by the Planning Commission.

2.

A kiosk sign structure shall be located not less than three hundred (300) feet from any other kiosk sign for any single direction of traffic. Kiosk sign structures shall be permitted within any public right-of-way, subject to issuance of an encroachment permit.

3.

Each kiosk sign shall require the submittal of a detailed site plan showing the specific location of the sign which shall be reviewed and approved by the Planning Department in accordance with the requirements of the this Code.

4.

All kiosk sign structures placed on private property shall require written consent of the property owner which shall be filed with the Planning Department prior to the issuance of a sign permit. All kiosk signs located on City property or within a designated City right-of-way shall require an encroachment permit through the appropriate agency, and a hold harmless agreement or other form of liability insurance, deemed necessary and approved by the City Attorney and effective on the date of installation of any sign.

5.

At the option of the City, an administrator may be assigned to monitor, approve, assign, and otherwise manage the kiosk sign and/or kiosk sign program.

6.

All kiosk signs shall be constructed in accordance with the requirements of the International Building Code (IBC) and all applicable requirements of the City of Hardeeville.

7.

All kiosk signs shall be permitted in any land use or zoning district, subject to the requirements of this Section and the limitations of the specific land use and zoning district in which the sign is located.

8.

All kiosk sign structures shall conform with the following standard regulations:

a.

Double sided kiosk signs are permitted. No more than one (1) panel per development per side of a kiosk sign is permitted;

b.

Kiosk sign panels may only contain the name of the development and a directional arrow unless approved under a special event permit, and one (1) sign copy color as indicated in below;

d. [c.]

Kiosk sign structures shall not encroach within the clear sight triangle as defined in Chapter 5 of this Code;

e. [d.]

Size shall be no more than six (6) feet in width by ten (10) feet in height.

9.

Design of kiosk structures and panels shall be established and approved by the Staff Review Committee. Colors will be the same as those of the City logo and seal.

E.

Special Signs.

1.

[Maximum size, number, and height.] Maximum size, number, and height of special signs shall conform with Table 8.2.B.

2.

Temporary Signs.

a.

Temporary Signs shall be permitted for the following:

i.

Grand Openings;

ii.

Special Events;

iii.

Seasonal Sales;

iv.

Real Estate;

v.

Construction Signs;

vi.

Future Tenant Identification; and

vii.

Other as deemed appropriate by the Planning Director.

b.

Size, Number and Height. Maximum size, number and height of temporary signs shall conform with Table 8.2.B.

c.

Duration.

i.

Grand Opening Signs may be displayed fourteen (14) days before the event and must be removed within seven (7) days following the event.

ii.

Special Event and other Banner Signs may be displayed fourteen (14) days before the event and removed no more than two (2) days following the event.

3.

Real Estate Signs.

a.

Maximum size, number and height of real estate signs shall conform with Table 8.2.B of this Chapter.

b.

Signs shall face a maximum of two directions, and may be mounted back-to-back or V'ed.

c.

Where signs are V'ed, the space between panels shall not exceed three (3) feet at the point at which panels are closest, and the interior angle formed by signs shall not exceed sixty (60) degrees. For purposes of these requirements, V'ed signs shall be counted as one sign.

d.

Where signs face two directions, whether back-to-back or V'ed, both signs must be the same standard size.

4.

Flags Used as Signs.

a.

A permit shall be required for the installation of all flag poles or flag display devices erected on lots zoned for multi-family, office, commercial, or industrial use or occupied by a multi-family, office, commercial, or industrial use.

b.

Applicants must submit with the permit application a scaled site plan giving the location of all flag poles and complete dimensional and installation engineering data.

c.

Applicants must provide documentation of minimum clearance from electric, telephone or cable TV lines as certified by the proper utility prior to issuance of permit, or installation.

d.

Maximum size and number of flags used as signs, and height of flag poles shall conform with Table 8.2.B of this Chapter.

e.

The American Flag and the Flag of the State of South Carolina are exempt from the provisions for maximum size of flags and maximum size of flagpoles in Table 8.2.B of this Chapter.

5.

Political Campaign Signs (No Permit Required). Political campaign signs do not require a sign permit. Political campaign signs may only be displayed sixty (60) days prior to election and must be removed within seventy-two (72) hours after the election. Signs shall not be located in ROW. Signs shall not exceed four (4) feet in length by four (4) feet in height in residential areas or eight (8) feet in length by four (4) feet in height in nonresidential areas.

Table Notes:

¹  Banners must be secured to buildings on all 4 sides at all times.

(Ord. No. 2010-4-15A, § 1, 5-3-10; Ord. No. 2017-12-7D, §§ 2—4, 1-9-18))

A.

Outdoor Advertising of America Standards. All Off-Premises Signs shall be constructed in compliance with Outdoor Advertising of America Standards.

B.

Location and Setbacks.

1.

All billboards shall be located within fifty (50) feet of the 1-95 right-of-way.

2.

Billboards shall only be allowed in PDD, LI, BI, HC, and GC districts subject to the standards of this Article

3.

Permitted sizes, maximum height, minimum setbacks and location criteria shall be as indicated in Table 8.3.A of this Article. In order to receive a permit to build a billboard in the City of Hardeeville, or to increase the area or height of any existing conforming billboard, any applicant, whether owner, lessee or operator of the proposed billboard, who owns, leases or operates an existing non-conforming billboard in the City, must remove, or bring into conformity with the zoning and development standards of the Municipal Zoning and Development Standards Ordinance if allowable, at least two (2) of the existing billboards owned, leased or operated by the applicant, or, if only one (1) other billboard is owned, leased or operated by the applicant, that billboard. For purposes of this Ordinance, billboards owned, operated or leased by sister, subsidiary, or affiliated companies, shall be considered to be under common control and shall be deemed owned, leased, or operated by the applicant.

C.

Orientation and Character.

1.

Signs shall face a maximum of two (2) directions, and may be mounted back-to-back or V'ed. Where signs are V'ed, the space between panels shall not exceed three (3) feet at the point at which panels are closest, and the interior angle formed by signs shall not exceed ninety (90) degrees.

2.

A billboard shall have only one (1) main advertising message at a time; Indexing, Changeable Copy and Light Emitting Diode (LED) billboards or the like are not allowed.

D.

Compatible Size Signs. Where signs face two directions, whether back to back or V'ed, both signs must be the same standard size.

Table Notes:

¹  See Section 8.3.B.3 above for requirements to obtain this height or area.

(Ord. No. 2010-4-15A, § 1, 5-3-10; Ord. No. 2012-10-18B, §§ 1, 2, 11-1-12)

A.

Sign Permit Required.

1.

Except as otherwise provided in Sections 8.6, Exempt Signs and 8.4, Temporary Signs, a permit must be obtained in accordance with this Article when a sign is constructed, erected, moved, enlarged, illuminated, or substantially altered. Construction signs are allowed for engineer firms, etc. as long as one (1) sign per project and appropriate review application has been submitted to the Planning Department.

2.

Routine maintenance does not require a permit. Such maintenance includes painting, cleaning, changing copy where permitted, or changing copy in compliance with a Sign Plan, but does not include reconditioning a sign by removing it from its supports for the purpose of repair or alteration and reinstallation, replacing the plastic face or changing the structural or electrical components of any sign, except routine electrical maintenance. Painting or repainting the advertising message or sign area of a sign for the same business is allowed without a permit.

B.

Application. The property owner or agent, along with the lessee, if any, and the sign installer, must file an application for the Sign Permit on forms prescribed by the Planning Director. The application must be accompanied by all required documents and fees.

C.

Required Application Documents.

1.

An application for a Sign Permit must be accompanied by:

a.

A scale drawing of the sign showing all dimensions and visual characteristics, including structural and architectural supports.

b.

A scale drawing of the site showing:

i.

The proposed location of the sign, including setbacks;

ii.

The location and size of all other signs on the property;

iii.

The location, dimensions, and distance from property lines of all building on the site;

iv.

The location and name of all streets which abut the property; and

v.

The frontage dimensions of the site along each street which abuts the property.

c.

Application must be made for an Electrical Permit, if the application is for an illuminated sign.

d.

Application must be made for a Building Permit for a sign requiring structural support.

e.

Payment of the Sign Permit fee.

f.

Other information that may be required by the Planning Director to insure compliance with this Article or other sections of the Code.

g.

A Sign Concept Plan:

i.

For any lot or parcel, or multiple lots and parcels in a subdivision/development in a non-residential zone that is requesting more than eight hundred (800) square feet of total sign area; or

ii.

For a development of more than one (1) lot or parcel in a non-residential zone developed under a Management Control Plan where one (1) or more individual lots or parcels is requesting more than eight hundred (800) square feet of total sign area; or

iii.

For a development within a Planned Development District.

h.

A Sign Concept Plan for a development may include one (1) or more individual sites or parcels whose total sign area does not exceed eight hundred (800) feet.

i.

Billboards must declare their value for amortization purposes, in accordance with the amortization parameters required under state and federal law.

D.

Inspection, Approval, Permit Expiration.

1.

All signs for which a permit is required are subject to inspection. All ground signs shall be subject to a footing inspection, and all signs to a final electrical inspection. Inspections must be made to the main frame prior to installation of decorative panels or skirting. Following an inspection, if corrections of defects are not made within ten (10) days after notification, no permits for any sign work will be issued to the delinquent contractor.

2.

Within ten (10) days after receipt of an application, the City Manager's designated reviewing official shall determine that the information is complete or incomplete and inform the Developer in writing of the deficiencies, if any. If the application is deemed:

a.

Incomplete, the Developer may submit the required information within ten (10) days without payment of an additional application fee, but if more than ten (10) days elapse, the Developer must thereafter initiate a new application and pay a new application fee; or

b.

Complete, the reviewing official shall determine if the sign meets all provisions of the City's Code of Ordinances and shall issue the permit which states whether the application is approved, denied, or approved with conditions within thirty (30) days of receiving the complete permit application, except Temporary Sign Permits as set forth in Section 8.4 which must be approved, denied, or approved with conditions within ten (10) days of receipt of the complete application. Any application not specifically approved within the applicable calendar day period shall be deemed granted.

3.

No permit shall be issued for any sign if a nonconforming billboard, roof, projecting, or pole sign exists at the business location.

4.

Every Sign Permit issued shall become null and void if the work is not commenced within six (6) months. If work is suspended or abandoned for one hundred twenty (120) days at any time after commencement, a new permit shall be required and the fee will be one-half (½) the amount required for a new application provided no changes have been made in the original plans.

E.

Sign Design and Construction. All signs shall meet the following minimum design and construction standards:

1.

All signs shall comply with the minimum requirements provided in the building code relating to design, structural members, and connections. All signs requiring electrical connections and all ground signs shall require a Building Permit.

2.

Signs shall maintain a clearance of ten (10) feet from all overhead electrical conductors and three (3) feet from all secondary voltage service drops.

3.

No sign shall be attached to a wall which lacks sufficient strength to support it, or nailed or attached in any way to trees, telephone poles, or other objects.

F.

Expiration or Invalidation of a Sign Permit. A Sign Permit becomes invalid when:

1.

The sign for which the permit was issued is not erected within three (3) months from the date of issuance;

2.

The sign for which the permit was issued is moved or substantially altered;

3.

The Planning Director revokes the permit for failure to comply with an order issued by the City stipulating corrective action for improper maintenance;

4.

The application for a Sign Permit contained inaccurate information;

5.

The business ceases existence or changes; or

6.

The terms of the permit have not been satisfied.

G.

Maintenance.

1.

All signs including all supports, braces, guys, and anchors shall be kept in good repair.

2.

A sign which no longer correctly directs or exhorts any person, advertises an operating business, lessor, owner, product or activity conducted or product available on the premises where the sign is displayed shall be removed. The property owner is responsible for the removal of the signs, including all brackets, poles, and structural elements. The structural elements may remain if intended and suitable for reuse.

3.

If any sign is unsafe or insecure or is a menace to the public health or safety, or has been constructed, erected, operated, used, posted, displayed or is being maintained in violation of the requirements, in addition to being a violation of the Hardeeville Code of Ordinances and subject to such criminal sanctions as are allowed under Section 1.9 of the Hardeeville Code of Ordinances, is hereby declared to be a public and private nuisance and shall be forthwith removed, obliterated or abated. Written notice of such finding shall be provided to the contractor, owner, agent or lessee thereof, and a time, not less than three (3) days nor more than fifteen (15) (dependent on the relevant health and safety factors), shall be accorded for removal, obliteration or abatement. Any portable sign such as snipe signs or real estate signs may be removed without notification of the property owner, if such sign is placed in public rights-of-way. If the contractor, agent, owner, or lessee fails to timely remove or correct the violation, the sign may be removed or altered to comply at the expense of the contractor, owner, agent, or lessee of the property upon which such sign is located and the expense of removal and any legal proceedings incurred by the City shall become a lien upon the property, with such lien collectible as if such was a special assessment or tax lien. The City may immediately remove any sign or advertising structure which is an immediate peril to persons or property, with such costs recoverable in like manner.

(Ord. No. 2010-4-15A, § 1, 5-3-10)

A.

Generally.

1.

A "Nonconforming Sign" is any sign that was legally established but which no longer complies with the Sign Regulations contained in Article 8 of this Ordinance.

2.

A nonconforming sign shall not be changed or replaced with another nonconforming sign, including changing the sign face

3.

A nonconforming sign shall not be modified in any way which would increase the degree of nonconformity. No changes in the existing sign will be allowed except those repairs which are necessary to keep the sign in good working order.

B.

Nonconforming On-Premise Signs. Any sign in existence on March 20, 2008, which had up to date permitting and was in conformity with the sign ordinance provisions existing prior to that date, but were not in compliance with the provision of the March 20, 2008 MZDO as of the date of adoption of this Article, and are not made conforming by the provisions of this Article shall be deemed nonconforming, but shall be allowed to continue to be displayed by virtue of their "grandfathered" status in accordance with the provisions below, except that the time by which they must be made conforming shall be three (3) years from the initial effective date of this Ordinance.

C.

Nonconforming Billboards. Billboards in existence at the time of the enactment of Ordinance Number 02-20-03B, adopted in 2003 and thereafter codified as Appendix A to the Hardeeville Municipal Zoning and Development Ordinance were declared to be nonconforming signs pursuant to that ordinance, and an amortization schedule providing for a phased removal was included; City Council has previously extended the amortization period as a matter of grace to the date of this ordinance. Such billboards as are still in existence as of the date of the initial effective date of this Article shall be allowed to remain, but may, upon a determination that the amortization period has expired, be ordered by City Council to be removed as a nonconformity whose amortization period was in place prior to April 14, 2005, upon such reasonable notice as may be given by Council in its discretion, subject to the terms and conditions of any applicable overriding federal or state statute.

(Ord. No. 2010-4-15A, § 1, 5-3-10)

A.

Generally. In any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this Article 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 Article.

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 Article, this Code or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such on constitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article, 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 Relating to Certain Prohibited or Exempted Signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection A, or elsewhere in this Article, this Code or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such on constitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article that pertains to prohibited signs, including specifically those signs and types exempted or prohibited, and not allowed under any section of this Article. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of Section 8.6, Exempt Signs or 8.5, Prohibited Signs, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such on constitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of those sections, thereby insuring that as may prohibited sign types as may be constitutionally prohibited continue to be prohibited, and those exempted may continue to be exempted.

D.

Severability of Prohibition of Billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Article and/or any Code provisions and/or laws are declared 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 Article or Code.

(Ord. No. 2010-4-15A, § 1, 5-3-10)