305.02: POLICIES:

The policies and principles stated in this Section apply to all signs regulated under this Chapter and to all related procedures. These policies take precedence over any conflicting provisions, even if those provisions appear more specific.

A. Permit Requirement. Unless expressly exempted by this Chapter or by other applicable law a Building Permit is required only for Signs that are subject to review by the Building Department. All other signs regulated by this Chapter may be displayed without a permit unless otherwise specified. If the sign requires such permit, it may be displayed only with a valid permit issued by the City.

B. Message Neutrality. It is the City’s policy to regulate signs in a constitutional, manner that is content neutral for noncommercial messages and viewpoint neutral for commercial messages.

C. Regulatory Interpretations. All regulatory interpretations of this Chapter shall be made in accordance with the City’s message neutrality policy. If a proposed sign type is not expressly allowed or prohibited by this Chapter, or if a sign does not meet the definition of a “structure” under the Building Code, the Zoning Administrator shall review the application based on the most comparable regulated sign type and determine whether to approve, conditionally approve, or deny the request using reasonable and consistent judgement.

D. Substitution of Messages. Subject to the property owner’s consent, any noncommercial message may be substituted for another noncommercial message on a legally permitted or allowed sign, without requiring additional permits or approvals, provided that the sign structure or mounting device itself is lawful without regard to message content. This provision is intended to ensure treatment of noncommercial speech and to avoid any unintentional preference for commercial messages. This section does not permit an increase in the total number or area of signs on a parcel, authorize changes to the physical structure or location of a sign, or allow substitution of an off-site commercial message for an on-site commercial message. Changing one on-site commercial message to another may still require a permit if otherwise required by this Chapter.

E. Rules for Non-communicative Aspects of Signs. All regulations related to the physical characteristics of signs, including location, size, height, illumination, spacing, and orientation, remain fully enforceable regardless of message content and apply independently of the permitting or approval process.

F. Situs of Non-commercial Message Signs. The distinction between onsite and offsite signs applies only to commercial messages. Non-commercial messages are not subject to location-based restrictions under this Chapter.

G. Property Owner’s Consent. No sign may be displayed without the consent of the legal owner(s) of the property on which the sign is mounted or displayed. For purposes of this policy, “owner” means the person or entity holding legal title to the property, as well as anyone with a current right to possess, control, or use the property.

H. Legal Nature of Signage Rights and Duties. For all signs attached to property, whether real or personal, the rights, responsibilities, and obligations under this Chapter apply to and remain with the land or property where the sign is mounted or

displayed. This provision does not change or affect laws related to fixtures, private lease terms about signage (so long as they do not conflict with this Chapter), or ownership of sign structures.

I. Sign Programs. Sign programs for specific developments, including special sign districts or overlay zones, may allow modifications to the rules in this Chapter related to size, height, number, illumination, spacing, orientation or other noncommunication aspects of signs, subject to agreement between the private parties to comply with said program and if approved by the Approving Authority. However, no sign program may override or change the basic policies outlined in this Section. All provisions in this Section automatically apply to any sign program approved after the effective date of this article. J. Severability. If any section, sentence, clause, phrase, word, or provision of this Chapter is found to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect. The City Council affirms that it would have adopted this Chapter even without any part that may later be found invalid or unenforceable. (Ord. 1918, 10-7-2025)