Somers Point City Zoning Code
ARTICLE IA
Signs
§ 114-4.1 Short title.
This article shall be known as the "Sign Regulations of the City of Somers Point, Atlantic County, New Jersey."
§ 114-4.2 Purpose, intent and Scope.
It is the purpose of this article to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the City as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the City is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the City and promoting its continued well-being, and are intended to:
A.
Encourage the effective use of signs as a means of communications in the City;
B.
Maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth;
C.
Improve pedestrian and traffic safety;
D.
Minimize the possible adverse affect of signs on nearby public and private property;
E.
Foster the integration of signage with architectural and landscape designs in such a manner that the overall appearance is harmonious in color, form and proportion;
F.
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;
G.
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
H.
Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;
I.
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;
J.
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;
K.
Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
L.
Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
M.
Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
N.
Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained is a safe and satisfactory manner, and protect the public from unsafe signs;
O.
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the City;
P.
Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;
Q.
Protect property values by precluding to the maximum extent possible sign-types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
R.
Protect property values by ensuring that sign-types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;
S.
Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the City and that complements the natural surroundings in recognition of this City's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;
T.
Preserve and enhance the residential, commercial, seashore, marina, open space, and historic character of the City and its diverse zoning districts;
U.
Satisfy the intent and purpose of the Municipal Land Use Law, including N.J.S.A. 40:55D-2c, to provide adequate light, air and open space; N.J.S.A. 40:55D-2i, to produce a desirable visual environment through creative development techniques and good civic design and arrangements; and N.J.S.A. 40:55D-2j, to prevent degradation of the environment through improper use of land.
V.
Enable the fair and consistent enforcement of these Sign Regulations.
§ 114-4.3 Definitions.
All words used in this article shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
The American Association of State Highway and Transportation Officials.
A sign or sign structure is considered abandoned or discontinued when its owners fail to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered a failure to operate or maintain a sign:
Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment or real or personal property.
A sign that includes action, motion or color changes, or the optical illusion of action, motion or color changes, including signs set in motion by movement of the atmosphere or made up of a series of sections that turn, whether mechanical, electronic or operated by any other means or method.
A one- or two-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.
A wall sign.
Any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including, but not limited to, balloons and other inflatables and pennants. Flags shall not be considered banners.
A stationary or revolving light that flashes or projects illumination, single colored or multicolored, in any manner that has the effect of attracting or diverting attention; except, however, this term does not include any kind of lighting device that is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and that does not project light to the exterior of the structure.
A sign structure and/or sign utilized for advertising an establishment, an activity, a product, or service or entertainment that is sold, produced, manufactured, available or furnished; or promoting any activity, including noncommercial activity and solicitation, such as but not limited to charitable solicitation and noncommercial speech, at a place other than on the property on which said sign structure and/or sign is located.
Any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.
The City of Somers Point, Atlantic County, New Jersey.
The Common Council of the City of Somers Point, Atlantic County, New Jersey.
Any sign wording, logo or other representation or image that directly or indirectly names, advertises or calls attention to a product, service, sale or sales event or other commercial activity.
A temporary on-premises sign identifying the ongoing construction activity during the time a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site and the building architect.
The linguistic or graphic content of a sign.
A single sign with items of information on both sides of the sign and mounted as a single structure.
A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the City shall vote.
To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.
Any fabric or bunting containing distinct colors, patterns or symbols used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also "ornamental flag.")
A pole on which to raise a flag.
A sign which permits light to be turned on or off intermittently or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light-emitting diode) or digital sign.
A sign, not in excess of four square feet in size (area) per side and the top of the sign is not more than six feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message that is otherwise lawful.
A sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure, including, but not limited to, pole or pylon signs or monument signs.
A sign that functions to advertise the future or proposed development of the premises upon which the sign is erected, the building owner and/or the projected opening date.
The finished grade of a parcel of land exclusive of any filling, berming or mounding.
Any sign that has been determined to be in violation of any provision of this article or any section thereof.
Any sign or portion thereof that is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
A nonprofit, religious or public use, such as a religious building, library, public or private school, hospital, or government-owned or operated building, structure or land used for public purposes.
A sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or that is operated in a way whereby light is turned on or off intermittently more frequently that once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light-emitting diode) or digital sign, and that varies in intensity or color more frequently than once every 12 hours.
The replacing, repairing or repainting of a portion of sign structure or periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear.
A fully enclosed or otherwise protected-from-the-elements sign structure, including, but not limited to, a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus within the establishment for which the menu is displayed.
A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
Any message that is not a commercial message.
An on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises and not displaying a commercial message, e.g., "Entrance," "Exit," "Caution," "No Parking," "One Way Only," "No Trespassing," and the like.
A sign that does not conform to the regulations provided in this article.
Any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located.
Any sign relating in its subject matter to the commodities, accommodations, services or activities on the premises on which it is located.
Any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.
Any series of small flag-like or streamer-like piece of cloth, plastic, paper or similar material attached in a row to any staff, cord, building or at only one or two edges, the remainder hanging loosely.
Any sign which, when installed, is intended for permanent use. For the purposes of this article, any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.
The use that constitutes the primary activity, function or purpose to which a parcel of land or a building is put.
A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
Any sign that revolves or rotates.
Any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building.
See "warning sign."
A triangular-shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Locations and dimensions of required sight distance triangles shall be as defined in current AASHTO standards.
Any device, fixture, placard or structure that uses color, form, graphics, illumination, architectural style or design with text or writing to advertise, attract attention, announce the purpose of or identify the purpose of any person or entity or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of this article: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs or memorial signs or tablets.
The total square-foot area of sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight lines. The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines around the outside of all elements of the sign.
The part of the sign that is or can be used to identify, display, advertise or communicate information or, for the visual representation, which attracts or intends to attract the attention of the public for any purpose.
Any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports or other components attached to or placed around the sign structure.
A content-neutral sign providing notice of or direction to an event, gathering, assembly or meeting that is open to the public at large.
A sign required by any statute or regulation of the State of New Jersey or the United States.
Any sign denoting the street address of the premises on which it is attached or located.
As it pertains to a nonconforming sign, means that:
Fifty percent or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above the ground of each broken, bent or twisted support; or
That more than 50% of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.
A sign intended for a use not permanent in nature. For the purposes of this article, a sign with an intended use of one year or less shall be deemed a temporary sign.
Any sign located within the right-of-way that functions as a traffic control device and is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the national standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not be readily apparent) and guide signs (that show route designations, directions, distances, services, points of interest and other geographical, recreational or cultural information).
See "sight distance triangle."
A sign that is painted on, fastened to or erected against the wall of a building, with its face in a parallel plane with the plane of the building facade or wall, which is used for advertising the business on site.
A sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law.
Any sign mounted in any fashion on the interior or exterior of the surface of a window.
A sign that uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term "wind sign" shall not include flags.
§ 114-4.4 Prohibited signs.
Except as otherwise provided in § 114-4.6, the following signs and sign-types are prohibited within the City and shall not be erected. Any lawfully existing permanent sign or sign-type that is among the prohibited signs and sign-types listed below and which shall, as of the effective date of this article, have been lawfully approved by permit or variance shall be deemed a nonconforming sign subject to the provisions of § 114-4.5:
A.
Billboards.
B.
Revolving signs.
C.
Flashing signs.
D.
Animated signs.
E.
Wind signs.
F.
Portable signs.
G.
Roof signs.
H.
Abandoned and discontinued signs.
I.
Projecting signs, except as expressly allowed.
J.
Signs that emit smoke, visible vapor or smoke, sound, odor or visible particles or gaseous matter.
K.
Signs that have unshielded illuminating devices.
L.
Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
M.
Any sign within a sight visibility triangle that obstructs a clear view of pedestrian or vehicular traffic.
N.
Any sign in the public right-of-way other than traffic control device signs, warning signs or safety signs.
O.
Any sign other than a traffic control device sign that uses the word "Stop" or "Danger" or presents or implies the need or requirement of stopping or the existence of danger or which is a copy or imitation of official traffic control device signs and which is adjacent to the right-of-way of any road, street or highway.
P.
Any sign nailed, fastened or affixed to any tree.
Q.
Any sign prohibited by state or federal law.
R.
Any sign located on real property without the permission of the property owner.
S.
Beacons, except as required by federal or state law.
T.
Intermittent signs.
U.
Any sign, except fire signs, so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for fire-fighting purposes or placed so as to interfere with opening for ventilation required by law.
§ 114-4.5 Nonconforming signs.
A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this article and with any other applicable law or regulation. A nonconforming sign shall not be enlarged or relocated.
§ 114-4.6 Exemptions.
The following signs shall be exempt:
A.
A sign located entirely inside the premises of a building or enclosed space.
B.
A sign on a car, other than a prohibited vehicle sign or signs.
C.
A statutory sign.
D.
A traffic control device or sign.
E.
Any sign not visible from a public street, sidewalk or right-of-way, except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.
F.
Memorial tablets or signs and historic markers as approved by the City Council.
G.
Signs required to be maintained by law or governmental order, rule or regulation.
H.
Signs that are within public recreation facilities and open space, such as, but not limited to, signs setting forth rules and regulations of play, hours of use, parking facilities, directional signs, scoreboards, park names and Green Acres project.
§ 114-4.7 Building permits.
It shall be unlawful for any person or business or the person in charge of the business to erect, construct or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code without first obtaining such building permit from the City as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for any sign permit which may otherwise be required under this article or any section or subsection of Chapter 114.
§ 114-4.8 Substitution of noncommercial speech for commercial speech.
Notwithstanding anything contained in this article or the Somers Point Code to the contrary, any sign erected pursuant to the provisions of this article or the Somers Point Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages or from one noncommercial message to another as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type, and provided that the size, height, setback and other dimensional criteria contained in this or any other relevant article, section or subsection of the Somers Point Code have been satisfied.
§ 114-4.9 Content neutrality as to sign message (viewpoint).
Notwithstanding anything in this article or the Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.
§ 114-4.10 All districts.
Except where otherwise specified in Article IA, Chapter 90 or within the articles of Chapter 114 which regulate size, setback, placement, number and maintenance of signs within specific zoning districts of Somers Point, the size, number, setback placement, number, maintenance and removal of such signs shall be governed by the requirements of this § 114-4.10. If a more restrictive size, setback, placement, limitation on number, removal or other condition not contained herein is contained within such other section of Chapter 90 or 114 pertaining to the placement of a sign in such zoning district then the requirements of that section shall apply. No sign permits shall be required for signs and sign-types described and identified in this section.
A.
Street address signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.
B.
Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences, the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area and shall be placed adjacent to building entrances providing direct access to the occupant. Such signs are not permitted adjacent to common lobby entrances.
C.
Noncommercial on-site directional signs. Noncommercial on-site directional signs not exceeding three square feet in sign area or three feet in height shall be allowed on each parcel.
D.
Free expression signs. For each parcel, one free expression sign not exceeding four square feet in size (sign area) may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign. If displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this article and is permitted in any zoning district. Only one such sign shall be permitted on each parcel.
E.
Election signs. For each parcel, one election sign for each candidate and each issue may be displayed along each street frontage. An election sign may be displayed as an attached sign or a freestanding sign. All such election signs shall satisfy site triangle requirements. All such signs shall be removed within 15 days following the election to which it pertains.
F.
Flagpoles. One flagpole is allowed for each parcel, except parcels greater than 1/2 acre in size shall be allowed up to three flagpoles. Flagpoles in residential districts shall not exceed 25 feet in height and flagpoles in nonresidential districts shall not exceed 35 feet in height.
G.
Flags. For each detached dwelling unit in a residential district, two flags not greater than 24 square feet in sign area (each) may be displayed. For each parcel in a multifamily residential district and in a nonresidential district, three flags not greater than 40 square feet in sign area (each) may be displayed.
H.
Warning signs and safety signs. Warning signs and safety signs not exceeding four square feet in size (sign area) shall be allowed.
I.
Signs identifying accessible parking spaces, including pavement markings, shall be allowed.
J.
Any information or directional sign or historical marker erected or displayed by a public agency, including signs for the purpose of giving directions and distances to commercial districts in which are located commercial facilities for the convenience of the traveling public.
K.
Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his or her official or directed duties or by trustees under deeds of trust, deeds of assignment or other similar instruments shall be allowed, provided that all such signs shall be removed not later than 10 days after the last day of the period for which the same are required to be displayed in order to accomplish their purpose.
§ 114-4.11 Conditions.
A.
Duration of permit: If a sign permit is required and the work authorized under a sign permit has not been completed within six months after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.
B.
Maintenance of signs:
(1)
All visible portions of a sign and its supporting structure shall be maintained in a safe condition, and neat appearance according to the following:
(2)
Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. A lawfully erected nonconforming sign shall not be structurally altered except in full conformance with this article.
§ 114-4.12 Administration and enforcing official.
§ 114-4.13 Appeals to Board of Adjustment.
A.
Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this article or any other provision of this Code pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Board of Adjustment.
B.
The written appeal shall be filed with the Board of Adjustment in accordance with the applicable provisions of the Somers Point Code.
C.
The Board of Adjustment shall hold a hearing within forty-five days following receipt of the written appeal.
D.
The Board of Adjustment shall render a written decision within ten days following the hearing.
E.
The decisions of the Board of Adjustment pursuant to this article shall be deemed final, subject to judicial review as provided by law.
§ 114-4.14 Incorporation of Zoning Regulations; conflict with other provisions.
The boundaries of the various districts shown upon the Official Zoning Map[1] and the regulations of the Land Use Code and Development Regulations set forth elsewhere in Chapter 114, Articles IV through XX inclusive, of Zoning District Professional Medical Commercial (PMC) governing the use of land and buildings and other matters set forth therein, as the same may be amended from time to time, are made part of this article. To the extent such regulations do not conflict with the requirements of this Article IA it is the intent of City Council that such regulations shall continue in full force and effect. To the extent such regulations are in conflict with the regulations set forth in the Article IA such regulations are hereby repealed to the extent of such inconsistency. Except as otherwise provided in this article, after the effective date of this article no sign shall be erected, enlarged, reconstructed or structurally altered which does not comply with all the district regulations established by this article and with the regulations of the zoning district in which it is located to the extent same have not been repealed and are not otherwise inconsistent with the regulations contained in this Article IA.
[1]
Editor's Note: A copy of the Zoning Map is on file in the City offices.
§ 114-4.15 When effective.
Any permit actually issued prior to the effective date of the adoption of the sign regulations that comprise this article shall remain valid but only until the earlier of the following dates:
§ 114-4.16 Severability.
A.
Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, 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 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 § 114-4.16A, or elsewhere in this article, the Code of the City of Somers Point, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, 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 unconstitutionality 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 pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in § 114-4.16A, or elsewhere in this article, the Code of the City of Somers Point, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article 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 article that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under § 114-4.4. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of § 114-4.4 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 § 114-4.4.
D.
Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article and/or any other provisions of the Code of the City of Somers Point 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 herein.