2007-010-ORD-Imposing a 120 day moratorium on the erection, construction, reconstruction, and placement of billboards, electronic signs, and off-premises signes within the city limits

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Section 9. That there is hereby established a variance and appeal process from the provisions of Section 2 of this ordinance dealing with applications for sign permits during the moratorium. The City Manager, or his authorized designee, is hereby authorized to receive and consider a variance request from any person or entity desiring to construct, reconstruct, install or significantly alter a billboard sign, electronic sign, or off-premises sign in the City of Paris which would be subject to the restrictions of Section 2 of this ordinance. As justification for a variance, special consideration shall be given to those signs intended to serve new businesses; signs contracted for construction prior to the effective date of this ordinance; signs whose construction would be generally consistent with newly proposed sign regulations; and instances of substantial hardship caused by the restrictions of Section 2 of this ordinance. The burden of proof should be on the applicant. The City Manager or his designee may, at their discretion, conduct an informal hearing or decide whether or not to grant the variance solely on the basis of the application and written material provided by the applicant. The City Manager or his designee may request additional information. Following receipt and review of a complete variance application and/or completion of the informal hearing, the City Manager or his designee shall render a decision on the variance request within five (5) business days and advise the applicant accordingly. The City Manager or his designee may grant, deny, or modify and grant any variance request. The City Manager may, at his discretion, establish standing criteria for the issuance of a variance. Any applicant dissatisfied with the City Manager's or his designee's decision may appeal by appearance on the agenda of the next regularly scheduled City Council meeting for which an appearance may be scheduled in accordance with the notice requirements of the Open Meetings Act and the City's agenda process. The request for appeal must be presented in writing to the City Clerk within three (3) calendar days of the date the applicant is notified of the City Manager's or his designee's decision. Any sign for which a variance is granted must still comply fully with the City's current sign ordinance and all other applicable ordinances. Section 10. That any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, sha11 be subject to a fine in an amount not to exceed $500.00. Each day or portion thereof during which a violation of this ordinance sha11 continue shall constitute a separate offense. Section 11. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 12. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 13. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance.