§ 88-445-04. SEVERABILITY AND CONSTRUCTION OF SIGN REGULATIONS

88-445-04-A. GENERALLY

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of the provisions of this chapter related to signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality does not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter.

88-445-04-B. SEVERABILITY WHERE LESS SPEECH RESULTS

Without diminishing or limiting in any way the declaration of severability set forth above in 88-445-04-A, or elsewhere in this chapter in this zoning and development code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional, that does 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.

88-445-04-C. SEVERABILITY OF PROVISIONS PERTAINING TO PROHIBITED SIGNS

Without diminishing or limiting in any way the declaration of severability set forth above in 88-445-04-A, or elsewhere in this chapter or in this zoning and development code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other laws declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality does 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 anywhere or in specific locations under this chapter. Furthermore, 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 does not affect any other part, section, subsection, paragraph, sentence, phrase, clause, term, or word of this chapter.

88-445-04-D. SEVERABILITY AND CONSTRUCTION RELATED TO NONCOMMERCIAL SIGNS

This chapter, including provisions for the substitution of messages must be broadly construed to allow noncommercial messages, subject only to size, height, location and number limits that would apply to any sign bearing any message in that zoning district; any provision which is construed to limit the use of an apparently permitted sign for a noncommercial message should be disregarded in the administration of this chapter and struck down as unconstitutional and severed by any court considering it.