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2005-015-ORD SUSPENDING ISSUANCE OF PERMITS FOR AND IMPOSING MORATORIUM ON ERECTION, RECONSTRUCTION ETC ORDINANCE NO. 2005-015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, SUSPENDING THE ISSUANCE OF PERMITS FOR AND IMPOSING A MORATORIUM ON THE ERECTION, RECONSTRUCTION, AND PLACEMENT OF GROUND SIGNS, POLE SIGNS, SIGNBOARDS, BILLBOARDS, TORPEDO SIGNS, AND ELECTRIC SIGNS, WITHIN THE CITY LIMITS OF THE CITY OF PARIS; ESTABLISHING A DURATION FOR SAID MORATORIUM AND SUSPENSION; AUTHORIZING THE PREPARATION OF A NEW ORDINANCE REGULATING SIGNS AND BILLBOARDS WITHIN THE CITY LIMITS OF THE CITY OF PARIS; PROVIDING A VARIANCE AND APPEAL PROCESS; PROVIDING FOR A PENALTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, fmds and determines that the sign regulations of the City of Paris, as contained in Chapter 28 of the Code of Ordinances, were originally codified in 1970 and have not been substantially reviewed or revised since 1986; and, WHEREAS, the City Council fmds and determines that the State and Federal laws and regulations related to signs and billboards have substantially changed since the City's sign regulations were reviewed and revised; and, WHEREAS, the City Council finds and determines that the desires and needs of the community and the citizens of the city of Paris with regard to the regulation of signs and billboards have likewise changed and matured since the City's sign regulations were reviewed and revised; and, WHEREAS, the City Council deems it appropriate to suspend the issuance of permits for and impose a moratorium on the erection, reconstruction, and placement of ground signs, pole signs, signboards of all kinds, billboards, torpedo signs, and electric signs, whether on buildings or on the ground, requiring a permit or not, for a reasonable time to allow the development of new regulations applicable to the erection, reconstruction, and placement of ground signs, pole signs, signboards, billboards, torpedo signs, and electric signs within the city limits ofthe city of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the [mdings set out in the preamble to this ordinance are hereby in all things approved. , i. Section 2. That, from and after the effective date of this ordinance, the issuance of permits for the erection, reconstruction, or placement of ground signs, pole signs, signboards of all kinds, billboards, torpedo signs, or electric signs, on buildings or on the ground, within the city limits of the city of Paris, Texas, which require the issuance of such permits under Chapter 28 of the Code of Ordinances of the City of Paris incident to their erection, reconstruction, or placement, shall be and is hereby suspended, and a moratorium is hereby imposed prohibiting the erection, reconstruction, or placement of ground signs, pole signs, signboards of all kinds, billboards, torpedo signs, or electric signs, on buildings or on the ground, whether requiring a permit or not, within the city limits of the city of Paris for the period of time specified herein. Section 3. That the duration of the suspension of the issuance of permits for, and the moratorium prohibiting the erection, reconstruction, or placement of ground signs, pole signs, signboards of all kinds, billboards, torpedo signs, or electric signs, as imposed by Section 2 of this ordinance, shall be for a period of sixty (60) days following the effective date of this ordinance, or for a greater or shorter duration as subsequently provided by further action of the City Council of the City of Paris. Section 4. That the City Manager, City Attorney, and the City staff shall be and are hereby instructed during the pendency of the suspension of the issuance of permits and the moratorium herein imposed, to develop and propose new regulations for the future erection, reconstruction, and placement of ground signs, pole signs, signboards of all kinds, billboards, torpedo signs, electric signs, and all other signs within the city limits ofthe city of Paris, and to present said regulations to the City Council for their consideration and adoption. Section 5. That this ordinance shall not be construed to prevent the erection or placement of political signs, approved cloth or banner signs, real estate signs, or signs associated with the sale ofreal estate. Section 6. That there is hereby established an appeal and variance process from the provisions of Section 2 of this ordinance dealing with suspension of permits and a moratorium. The City Manager or his designee shall be, and he is hereby authorized to receive an application for a variance from any person or entity desiring to erect, reconstruct, or place a 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 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 the receipt ofa complete application, the City Manager or his designee shall render a decision within three (3) 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 . f, 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 within three (3) calendar days ofthe date the applicant is notified of the City Manager's or 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 7. 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 to exceed $500.00. Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 8. That this ordinance shall be effective from and after its date of passage and publication as required by law. PASSED, APPROVED, AND ADOPTED this 11th ATTEST: (Q),^fJ nice Ellis, City Clerk APPROVED AS TO FORM: {"