2007-042-ORD-imposing a moratorium on the issuance of permits for the construction, reconstruction, and placement of billboards and off-premises signs

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Section 6. That any permit lawfully issued by the City of Paris for a billboard sign or off-premises sign, prior to the effective date of this ordinance, shall expire two years from the date of issuance if reasonable progress toward completion of the permitted sign is not shown. Section 7. That the moratorium created by this ordinance shall remain in full force and effect for a period of ninety (90) days from and after October 22, 2007, unless earlier repealed by an official act of the Paris City Council or extended by an official act of the Paris City Council. Section 8. That any person, association, corporation, partnership, limited liability company, or other entity that constructs, reconstructs, installs or significantly alters a billboard sign or off-premise sign within the city limits of Paris, Texas during the term of this moratorium, except as authorized herein, commits an offense which is punishable by a fine of up to $500.00 per violation; each day or portion thereof during which a violation of this ordinance continues shall be deemed a separate violation. 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 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 andJor 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, shall be subject to a fine in an amount not 3