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