[Added 3-31-2011 by Ord. No. 1-2011[1]]
[1]
Editor's Note: This ordinance also provided all provisions contained elsewhere within Chapter 114 pertaining to the regulation, placement, size or other sign requirements inconsistent herewith be repealed to the extent of such inconsistency and that those not inconsistent herewith be reaffirmed and continued in full force and effect except to the extent inconsistent herewith.
This article shall be known as the "Sign Regulations of the
City of Somers Point, Atlantic County, New Jersey."
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.Â
Encourage the effective use of signs as a means of communications
in the City;
B.Â
Maintain and enhance the aesthetic environment and the City's ability
to attract sources of economic development and growth;
C.Â
Improve pedestrian and traffic safety;
D.Â
Minimize the possible adverse affect of signs on nearby public and
private property;
E.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Categorize signs based upon the function that they serve and tailor
the regulation of signs based upon their function;
L.Â
Preclude signs from conflicting with the principal permitted use
of the site and adjoining sites;
M.Â
Regulate signs in a manner so as to not interfere with, obstruct
the vision of or distract motorists, bicyclists or pedestrians;
N.Â
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.Â
Preserve, conserve, protect, and enhance the aesthetic quality and
scenic beauty of all districts of the City;
P.Â
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.Â
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.Â
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.Â
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.Â
Preserve and enhance the residential, commercial, seashore, marina,
open space, and historic character of the City and its diverse zoning
districts;
U.Â
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.Â
Enable the fair and consistent enforcement of these Sign Regulations.
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.
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.Â
Billboards.
B.Â
Revolving signs.
C.Â
Flashing signs.
D.Â
Animated signs.
E.Â
Wind signs.
F.Â
Portable signs.
G.Â
Roof signs.
H.Â
Abandoned and discontinued signs.
I.Â
Projecting signs, except as expressly allowed.
J.Â
Signs that emit smoke, visible vapor or smoke, sound, odor or visible
particles or gaseous matter.
K.Â
Signs that have unshielded illuminating devices.
L.Â
Signs that obstruct, conceal, hide or otherwise obscure from view
any official traffic or governmental sign, signal or device.
M.Â
Any sign within a sight visibility triangle that obstructs a clear
view of pedestrian or vehicular traffic.
N.Â
Any sign in the public right-of-way other than traffic control device
signs, warning signs or safety signs.
O.Â
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.Â
Any sign nailed, fastened or affixed to any tree.
Q.Â
Any sign prohibited by state or federal law.
R.Â
Any sign located on real property without the permission of the property
owner.
S.Â
Beacons, except as required by federal or state law.
T.Â
Intermittent signs.
U.Â
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.
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.
The following signs shall be exempt:
A.Â
A sign located entirely inside the premises of a building or enclosed
space.
B.Â
A sign on a car, other than a prohibited vehicle sign or signs.
C.Â
A statutory sign.
D.Â
A traffic control device or sign.
E.Â
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.Â
Memorial tablets or signs and historic markers as approved by the
City Council.
G.Â
Signs required to be maintained by law or governmental order, rule
or regulation.
H.Â
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.
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.
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.
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Warning signs and safety signs. Warning signs and safety signs not
exceeding four square feet in size (sign area) shall be allowed.
I.Â
Signs identifying accessible parking spaces, including pavement markings,
shall be allowed.
J.Â
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.Â
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.
A.Â
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.Â
Maintenance of signs:
(1)Â
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)Â
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.
A.Â
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.Â
The written appeal shall be filed with the Board of Adjustment in
accordance with the applicable provisions of the Somers Point Code.
C.Â
The Board of Adjustment shall hold a hearing within forty-five days
following receipt of the written appeal.
D.Â
The Board of Adjustment shall render a written decision within ten
days following the hearing.
E.Â
The decisions of the Board of Adjustment pursuant to this article
shall be deemed final, subject to judicial review as provided by law.
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.
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:
A.Â
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.Â
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.Â
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.Â
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.
