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2005-067-ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING SECTIONS 28-1 28-8 28-9 28-37 BY REPEALING SECTION 28-21 ORDINANCE NO. 2005-067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTIONS 28-1, 28-8, 28-9, AND 28-37, BY REPEALING SECTION 28-21 AND ADOPTING A NEW SECTION 28-21, AND BY ADOPTING NEW SECTIONS 28-22 AND 28-23 TO SAID CODE; PROVIDING FOR REVISED AND EXPANDED DEFINITIONS; PROVIDING FOR REGULATION OF SIGN PLACEMENT LOCATIONS; PROVIDING FOR THE PROHIBITION OF CERTAIN KINDS AND SIZES OF SIGNS; PROVIDING A PROCEDURE FOR REMOVING NON-CONFORMING, ABANDONED, OBSOLETE, NUISANCE, OR OTHERWISE UNLAWFUL SIGNS; PROVIDING EXCEPTIONS TO PERMITTING REQUIREMENTS; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, prior to 1970, the City of Paris adopted a comprehensive ordinance regulating signs inside the city limits (the "Sign Ordinance"), and since that time, the only substantial amendment thereto came in 1986; and, WHEREAS, the Sign Ordinance is still in need of revisions to provide the Community Development Department with better enforcement capability and to regulate additional kinds of signs that are not addressed currently; and, WHEREAS, it is therefore deemed appropriate that various provisions of Chapter 28, Articles I and II, of the Code of the Ordinances of the City of Paris be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 28-1 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: Page 1 of 17 "Sec. 28-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed: Abandoned or obsolete sign. A sign which depicts or refers to a product, business, service, activity, condition, or person which has changed in such a manner that the sign no longer correctly identifies or describes said entity, or which entity no longer exists at the location referred to in the sign, or which entity no longer exists in any way or at any place, or which is deserted, surrendered or forsaken, unused, given up, or relinquished with intention of never resuming a right or interest therein. Alcoholic beverage signs. Any sign advertising alcoholic beverages which does not exceed four (4) square feet. Attached sign. Any sign attached to, applied on or supported by any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers usable space and does not extend more than 12 inches from the building facade. Banner signs. Any sign made of canvas or other cloth with or without framework. Billboard Any flat surface covered with wood or metal erected on framework on open space, or attached to posts, buildings, or other structures and used for the display of bills, posters and other advertising matters posted, tacked or painted thereon. Blinking signs. Any sign that has intermittent off and on lights of any color. Building official. The Chief Building Official of the City of Paris or designee. City. The City of Paris, Texas. Dilapidated signs. Signs that do not meet the standards described in this chapter. Electric sign. Any sign, the letters or designs of which are outlined by electric lamps or tubes on which the letters or designs are painted, placed, or raised, and illuminated by interior or exterior lamps so placed as to make visible the letters or design on the sign. Billboards and ground signs which are illuminated as above shall be classified as electric signs and shall meet the requirements for wiring and Page 2 of 17 electrical inspections as for electrical signs. Electrical inspector. The electrical inspector of the City of Paris. Government flag sign. A flag or insignia of a governmental or fraternal, religious, civic or educational organization or institution which is not used in connection with a commercial promotion or to advertise a commercial product, service, business, activity, condition, or person. Ground signs. Signs that are built so that there are no open spaces between the ground and the sign. Inspections division. The Building Inspections Division ofthe City of Paris Community Development Department. Major repair. Any repair, other than minor repair as defined herein, of an existing sign, which through an act of God or other event (other than normal maintenance operations) has become damaged or out of repair in excess of 60 percent of its replacement cost. Such repair work will require a permit and shall meet all provisions of this article. Verification of the percentage of damage will be supplied by the applicant to the permit office, and such verification shall include, as a minimum, two estimates from two different established sign contractors, stating the total value of the sign and the total value of all costs to repair the sign to its original state. If the applicant agrees that the repair exceeds 60 percent of replacement cost, then the said estimates shall not be required. Minor repair. Limited to painting, replacement of defective parts, cleaning, or other similar minor maintenance to a sign which will keep said sign at an acceptable level and which does not change the total area of the sign, and which repair is less than 60 percent of the replacement cost of the sign. Menu board means a temporary sign used to inform the public of the list of dishes, foods, or entrees available in a restaurant and many include the corresponding . pnces. Movement-control sign. An on-site traffic control sign which directs vehicular or pedestrian movement within or onto a premises. Nameplate. Any sign showing only the name and address of the owner or occupant of the premises on which it is erected. Nuisance sign. Any sign or billboard which annoys and disturbs one in possession of his property, rendering its ordinary use or occupation physically Page 3 of 17 uncomfortable to him, or which is illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Nuisance signs shall include, but not be limited to, the following: (1) Signs containing statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency. (2) Signs which imitate an official traffic sign or signal, or which contain the words 'stop,' 'go slow,' 'caution,' 'danger,' 'warning,' or similar words. (3) Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device, which hide from view any traffic or street sign or signal, or which obstruct the view in any direction at a street or road intersection. (4) Signs which are moving, flashing, intermittently lighted, changing color, beacons, revolving, or similarly constructed. (5) Signs that are unsafe or unsecured, abandoned, or maintained in a dilapidated condition. Open sign. Any sign constructed of open metalwork or wire mesh secured to angle iron or other framework, and the letters or designs fastened thereon. Pole sign. Signs that must have at least eight (8) feet of clearance from the ground to the bottom of the frame of the sign. Political sign. Any type of sign which refers only to the issues or candidates involved in a political election. Protective sign. Any sign which is commonly associated with safeguarding the permitted uses of the occupancy. Real estate sign. Any sign advertising property for sale, lease or rent of temporary construction. Sandwich board or 'A' frame sign. A portable sign consisting of two panels of equal size, made of painted, decay-resistant wood, which are hinged at the top and placed on the ground or pavement so as to be self-supporting. Page 4 of 17 Sign. Any writing, letter, word, numeral, pictorial representation, emblem, symbol, trademark, object, design, or other identification which is designed or intended to identify, advertise, announce, or inform. The term 'sign' shall not include: (1) Works of art which in no way identify a product or business and which are not displayed in conjunction with a numerical for-profit enterprise. (2) Temporary decorations or displays directly incidental to and customarily and commonly associated with national, regional, or local holiday celebrations. (3) Traffic and other official signs and devices of any public or governmental agency. Sign area. The area enclosed by drawing one or more rectangles of horizontal and vertical lines which fully contain all extremities of the sign drawn to scale, exclusive of its supports. The measurement is to be calculated from the viewpoint which gives the largest rectangle of that kind as the viewpoint is rotated horizontally around the sign. Sign area shall include all lettering, wording, logos, design, symbols, framing, roofing, and cabinets or modules. Sky sign. Any sign or billboard supported or attached wholly or in part over or above any wall, building or structure. Temporary sign. Shall include all torpedo signs, A-frame signs, real estate signs, and political signs as herein defined. Torpedo sign. Signs that are of the portable type that can be moved from location to location, usually exhibiting flashing lights or changeable messages. Vehicular sign. A sign that identifies a vehicle used for a particular business; however, not when the primary use of the vehicle is that of a sign." Section 3. That Section 28-8 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "Sec. 28-8. Location and heights. (i) No sign having a height greater than three (3) feet above the level of the center of the nearest abutting street will be permitted on or in that portion of any Page 5 of 17 comer lot which is included in a triangle on the street comer of the lot formed by a diagonal line intersecting the property lines at points twenty (20) feet from the street comer intersection of the property lines. (k) Attached signs may be located on a building wall; but, if any part of the sign projects above the ceiling line of the first floor, then no window or part of a window shall be situated within or blocked by the flat wall sign. No such sign shall extend above the roofline of the building or more than 12 inches from the building wall. Where such signs are located on mansard-style roofs, and the building fascia is not vertical, the bottom of such sign shall not project more than 12 inches from said roof and the sign can be oriented in a vertical manner." Section 4. That Section 28-9 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "Sec. 28-9. Prohibited signs. (a) Cloth and banner signs. No person shall suspend or project over or across any street, alley or other public space or portion thereof, cloth signs or banners advertising anything or for any purpose whatsoever. This chapter, however, shall not prohibit the displaying of flags and other emblems not otherwise prohibited by law, provided the flag or emblem, when suspended over a street, or public space, is securely fastened to the supporting cable by one (1) edge only, and be allowed to swing free and further provided that permission to display the flags or emblems has been obtained from the building official. The supporting cable shall be of sufficient strength and anchored so as to meet the approval of the building official. The building official may grant a temporary suspension of the second and third sentences of this paragraph (a) of this section at such times as he may deem expedient on special occasions or while festivals or celebrations are being held. (b) Abandoned or obsolete signs. The owner of the sign shall remove such signs in accordance with the provisions of Sec. 28-21 hereof. (c) Ground signs. The size of ground signs shall be limited to one (1) square foot per front foot of property upon which the same is placed; however, under no circumstances shall such sign exceed three hundred (300) square feet in area and fifteen (15) feet in height. No ground sign shall be erected within twenty (20) feet of any residence. (d) Historically significant signs. The Historic Preservation Commission, the committee charged with protecting historical districts, may nominate signs located Page 6 of 17 in such districts as historically significant signs. The city council shall hold a public hearing and make final determination as to the historical significance of such nominated sign, and if such sign is found to be historically significant then the prohibition herein shall not regulate such sign. However, such sign may only be maintained and shall not be enlarged, diminished, or significantly changed, and in the event of such notification of change, it shall lose the protection as an historically significant sign. (e) Nuisance signs. No sign shall be placed or maintained in such a manner as to constitute a hazard or nuisance as that term is defined herein. (f) Pole signs. The size of pole signs shall be limited to one (1) square foot per front foot of property upon which the same is placed; however, under no circumstances shall such sign exceed three hundred (300) square feet in area and thirty (30) feet in height, except that, pole signs will not be limited to one (1) square foot per front foot of property, nor to thirty (30) feet in height, when erected within a rectangle one thousand (1,000) feet wide and four thousand (4,000) feet long running lengthwise with an elevated portion of Loop 286 or an elevated portion of any Farm to Market Road, Texas highway, or U.S. highway outside of Loop 286, having its center at the center point of the elevated street or highways' intersections with the depressed street or highway or when erected within a rectangle fifteen hundred (1,500) feet wide and one thousand (1,000) feet long at an elevated intersection of a Farm to Market Road, a Texas highway or a U.S. highway intersection with Loop 286, such rectangle extending inside Loop 286 five hundred (500) feet from the center point of said intersection and one thousand (1,000) feet outside of Loop 286 from such center point of such intersection. If a permit application is received for a pole sign to be located within the aforedescribed rectangles, a specific use permit may be issued in accordance with the procedure established in section 28-43, which would establish the height of such sign and the size of such sign not to exceed a maximum of three hundred (300) square feet. No pole sign shall be erected within twenty (20) feet of any residence. (g) Swinging signs. Detached and hanging signs shall be engineered to withstand a wind load of 30 pounds per square foot. (h) Temporary signs. Unless otherwise specifically regulated herein, a temporary sign shall not exceed a height of three (3) feet. An exception would be temporary signs informing the public of the contractors and subcontractors of construction sites where they will be allowed with a limitation on size to a maximum of four (4) feet by eight (8) feet, other than names on equipment which is excepted. (i) Torpedo signs. No torpedo sign shall be constructed or placed in the City which fails to meet the requirements of sections 28-3, 28-10, 28-13, 28-18, and any Page 7 of 17 other applicable section of this chapter of the Code of Ordinances. All torpedo signs must be covered by a valid sign permit which will expire one (1) year from the date of issuance. If a torpedo sign is not exhibited in the same location or not continuously throughout the permit period, only one (1) permit is required; however, an inspection is required on each occasion of relocation or location change. U) Signs on public rights-of way. No person shall attach any sign, paper, or other material or paint, stencil, or write any name or number (except house numbers) or otherwise mark in any public right-of-way unless authorized by this article or by the city councilor its delegated representatives. (k) Signs on trees, poles, etc. No person shall attach or maintain any sign upon any tree, public utility pole, or public building except as designated by the inspections division. (1) Signs on abandoned buildings or vacant lots. No person shall place, attach, or maintain any sign on vacant lots or abandoned buildings. However, on premise real estate signs shall be permitted. (m) Attached signs. The size of attached signs shall be limited to one (1) square foot per front foot of property upon which the same is placed; however, under no circumstances shall such sign exceed three hundred (300) square feet in area. If the lot on which the building is located has multiple right -of-way frontage, each street frontage shall be counted for purposes of determining attached sign allowance. Said signage is to be applied (distributed) on the sides of the building where facing directly adjacent to the public right-of-way. Alternate signage is allowed on sides of the building not adjacent to the public right-of-way not to exceed 32 square feet. (n) Total sign face area of all signs combined, including ground signs, pole signs, attached signs, portable signs, torpedo signs, banners, etc., shall not exceed one (1) square foot per front foot of property line, or a maximum of 300 square feet, at any time." Section 5. That Section 28-21 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is repealed. Section 6. That Section 28-21 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, adopted so that such shall read as follows: "Sec. 28-21. Nonconforming signs; maintenance of existing signs; removal of signs by city. Page 8 of 17 (a) Nonconforming signs. (1) Signs existing prior to July 1, 1986, which do not conform to the provisions of this chapter shall be regarded as nonconforming signs which may continue to exist until the sign, or a substantial part of it, is blown down or otherwise destroyed, dismantled, or substantially altered for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign. Nonconforming signs which are structurally altered, relocated, or replaced at the owner's choice shall comply immediately with all provisions of this ordinance. (2) Any nonconforming sign which has been damaged by fire, wind, or other cause in excess of 60 percent of its replacement cost shall not be restored except in conformance with the provisions of this chapter. (3) If the City Council deems it appropriate to require the relocation, reconstruction, or removal of a sign within the city limits or the extraterritorial jurisdiction, then it shall comply with the procedures set forth in V.T.C.A., Local Government Code, Chapter 216, Subchapter A. (b) Abandoned or obsolete signs. (1) Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold at said premises, shall be removed by the owner, agent, or person having the beneficial use of the building or structure upon which the sign may be found or associated within twelve (12) months after the said business has been closed; provided, however, if the premises containing the sign is leased, such sign shall be removed within twenty-four (24) months after the most recent tenant ceases to operate on the premises. (2) The poles/supports for out-of-business signs may be left in place as long as the poles/supports do not violate safety or electrical codes and as long as there is reasonable expectation that the poles/supports can or will be utilized by the next owner, agent, or person occupying the building. If the sign pole/support is in the right-of way or is a nonconforming sign structure, it must be completely removed. (3) All signs, cabinets, and parts to the abandoned or obsolete sign (except primary poles/supports, if in compliance) shall be removed from the premises and disposed of. If the abandoned or obsolete sign or sign parts are not removed within the time frames stated herein, a code inspector is hereby authorized to cause removal of such sign, sign parts, and sign pole/supports Page 9 of 17 if not in compliance. A code inspector will send notice of this action to the owner, and if owner fails to respond within a two-week period, the City will have the sign removed. All expenses incidental to this sign removal shall be paid by the owner of the land, building, or structure to which the sign is attached or upon which it is erected. (c) Removal of unlawful signs. All of the following signs shall be considered a public nuisance and are prohibited and, upon written notification by the inspections division, may be removed from the premises. Said notification shall state that if the sign is not removed within the same day or next working day if received on a weekend day of said notification, a citation may be issued. The following signs shall be governed hereby: (1) Any sign erected without a required permit, either prior to or after the adoption of this chapter. (2) Any sign erected in violation of the provisions of this chapter. (3) Any sign erected in or over a public right-of-way, either prior to or after the adoption of this chapter, except those in the downtown historic district, as such is defined in the Zoning Ordinance No. 1710. (d) Removal ofhazardous signs. The following signs are a public hazard and can be removed without notice by the City: (1) Any sign erected or existing that constitutes a traffic hazard. (2) Any sign which is dangerous due to being electrically or structurally defective. (e) Maintenance of existing signs. Any person having an interest in a sign for which a permit is issued under this chapter shall maintain all parts and sign supports of the sign covered by such permit in good condition to prevent deterioration, oxidation, rust, and other unsightly conditions. Historic signs shall be exempt; however, every attempt to protect such signs shall be exhausted. Additionally, the following provisions shall apply to the maintenance of existing SIgns: (1) There shall be no permit required to restore/repair a sign to its original condition. However, major repair of an existing sign requires a permit. Page 10 of 17 (2) Every sign in the city, regardless of whether any permit is required for such sign, shall be maintained in a safe, presentable, and sound structural and operational condition at all times. Signs not meeting the standards of good repair shall be subject to repair after written notification by a code inspector to the sign owner or lessee. If the sign owner or lessee cannot be notified, the property owner will be notified. If, in the opinion of the code inspector, a sign has been damaged or is found to be in such a state of disrepair that it constitutes a hazard to the health, safety, and welfare of the general public and would require a major repair as defined herein, the sign may be removed without prior notice to the owner or lessee. (3) All signs, together with all sign supports, braces, guys, and anchors, shall be kept in repair and, unless of galvanized or noncorroding metal, shall be thoroughly painted as often as needed to maintain a neat appearance, meaning lettering or other items are not faded or worn and can clearly be read by the traveling public. (4) If, in the opinion of a code inspector, any sign is structurally unsound, not properly maintained, or is unsightly, and would require a major repair as defined herein, said inspector will notify owner or lessee to remedy the problem within ten (10) days. If such order is not complied with within 10 days, the code inspector may remove such sign at the expense of the owner or lessee. (D Recovery of impounded signs. Impounded signs may be recovered by the owner within 15 days after written notification of impoundment by paying a fee as follows: (1) A fee of$5.00 for signs which are 12 square feet or less in area. (2) A fee of $20.00 for signs which are larger than 12 square feet in area. (g) Disposal of impounded signs. Signs not recovered within 15 days after written notification may be disposed of by the City in any manner it shall elect." Section 7. That Section 28-22 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, adopted so that such shall read as follows: "Sec. 28-22. General provisions. The following general provisions apply to signs in all zoning districts within the city of Paris: Page 11 of 17 (a) Signs in interior of windows. For new and/or existing businesses which are food or non-food-service establishments, signage is permitted in the interior of windows without a permit; provided that not more than 30 percent of the transparent area is occupied at one time. (b) Illuminated signs. All illuminated signs shall bear the Underwriters' Laboratories, Inc., label or be built to comply with Underwriters' Laboratories, Inc., requirements and shall be in conformance with the 1999 Edition of the National Electrical Code, as it may be amended; and the 2000 Edition of the International Electrical Code, as it may be amended; additionally, illuminated signs shall comply with the following . . provlSlons: (1 ) Any light used for the illumination of a sign shall be shielded so that the beams or rays oflight shine directly onto the sign and not into surrounding areas. (2) Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares. (3) External illumination shall be allowed; however, such lighting must comply with the above subsections 28-22(b)(1) and (b )(2). (c) Replacement after street construction or other projects. Non-conforming signs required to be removed by property owners as a result of street repairs or construction or other utility projects may not be replaced except to conforming status. (d) Relocated businesses. For businesses which relocate, signage notifying the public of a new business location shall be permitted at the old business location for a period not to exceed 30 days." Section 8. That Section 28-23 of the Code of Ordinances ofthe City of Paris, Paris, Texas, be, and the same is hereby, adopted so that such shall read as follows: "Sec. 28-23. Multi-use signs. A multi-use sign which identifies a coordinated development site of more than one use, such as a shopping center, office center, or industrial park, may have a sign area not larger than the area allowed for a single-use sign on the site, or a maximum of300 square feet. A multi-use sign may contain a directory or listing of Page 12 of 17 the occupants within a center or multi-use development, provided that the directory portion of the sign shall not exceed 200 square feet or 75 percent of the total sign area, whichever is less. If a directory is utilized, the remainder of the sign area shall contain only the identification ofthe entire center or entire development. If a multi- use sign area meets the maximum square footage allowed for a single use, no detached ground sign is allowed for any single use within the center or development, or for any use listed in a directory on such sign; instead, other single uses within the center or development may utilize attached signage only in accordance with the following provisions: (1) The total area per face of an attached sign shall not exceed 1 square foot of face area per front foot of leased or occupied fascia length. (2) Ifthe leased or occupied fascia length has multiple frontages, an attached sign may be placed on each frontage in a size not to exceed 1 square foot of face area per front foot of leased or occupied fascia length; however, signs located on the back of a development shall be limited to 1 square foot of face area per back foot of leased or occupied fascia length not to exceed 32 square feet, whichever is smaller. (3) Attached signs identifying individual occupancies within a coordinated development should be uniform in size and general appearance as much as is practicable." Section 9. That Section 28-37 of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "Sec. 28-37. When permits not required. The following signs may be erected and maintained under the exceptions and conditions listed and shall not require a permit, provided all other chapter provisions are met: (1) Public signs. Noncommercial signs erected by or at the direction of a public officer in furtherance of the public interest in the performance of his public duty. (2) Public, charitable, educational, or religious signs. Temporary signs announcing any public, charitable, educational, or religious event or function may be installed for a period of not more than 21 days prior to the event and not more than seven days after the event, with a total sign area of not more than 24 square feet on each sign face. Such signage is prohibited over the public right-of-way. No fees shall be charged for such signs. Page 13 of 17 (3) Integral signs. Names of buildings, dates of erection, monumental citations, and commemorative tablets which are carved into stone, concrete, or similar permanent materials and constructed as an integral part of a structure. (4) Nameplates. One nameplate per public entrance per business not exceeding three square feet of sign area per face. (5) Private signs. Signs not visible beyond the boundaries of the lot or series of contiguous lots under the same ownership on which they are located or which are not visible from any public right-of-way. (6) Garage-sale signs. One garage-sale sign not exceeding four square feet in sign area for all sign faces which is installed on the lot or series of contiguous lots under the same ownership on which the garage sale is located; such sign shall be installed during the days for which the garage-sale is conducted. (7) Menu boards. Eating establishments with drive-through service are permitted two menu board signs per premises, limited to 36 square feet in area and 6 feet in height. (8) Window signs. Window signs are exempt from the provisions of this chapter, providing not more than 30 percent of the transparent window area is occupied at anyone time. (9) Gasoline/service station signage. Signs located beneath a canopy which do not advertise the premises, including but not limited to the following information: 'Self-Service,' 'Full Service,' 'Unleaded Gasoline,' and 'Regular Gasoline,' are exempt. Governmentally mandated signage and signage contained within the individual pumps are also exempt. In addition, ten square feet of signage is permitted per side under the canopy per set of gasoline product dispensers. Signage located beneath the canopy which is intended to advertise to individuals using the gasoline product dispensers only, and not intended for advertisement to the public right-of-way, is exempt. Letters less than three inches in height shall not be counted as part of the sign allowance. (10) Government flag signs. Allowed, as defined in the definitions in section 28-1, provided that each such sign does not exceed 40 square feet. One advertisement/identification flag or three government flags are permitted with a maximum of three such signs per premises. Page 14 of 17 (11) Political signs. Such signs must contain primarily a political message, be located on private real property with the consent of the property owner, and not be located within the public right-of-way. Additionally, political signs that are smaller than 36 square feet, less than 8 feet high, not illuminated, and do not have any moving parts do not require a permit. (12) Real estate signs. Such signs shall be nonillurninated, shall not exceed six square feet in area per face, and shall pertain to the sale or lease of the premises. Subject to the provisions of the city's zoning ordinance, permits shall not be necessary for temporary signboards or billboards to be placed on buildings or vacant space, advertising the sale or renting of such buildings or property on which they are placed, when such signboards or billboards do not exceed sixty (60) square feet of area. (13) Agricultural signs. One sign, advertising agricultural uses, not exceeding 32 square feet in area and 8 feet in height, shall be allowed per owner. On large tracts that exceed 0.25 mile of public right-of-way frontage, said owner may have one sign per 0.25 mile or portion thereof. (14) Vehicular signs. Vehicular signs are allowed for the purpose of identifying a vehicle used for a particular business (i.e., delivery service, professional and business, construction trailers, etc.). (15) Protective signs. The occupant of any premises may erect two protective signs in accordance with the following provisions: a. Each sign must not exceed 2 square feet in area. b. Detached signs must not exceed 2 feet in height. c. Letters must not exceed 4 inches in height. (16) Movement-control signs. May be erected at any occupancy or any premises, other than a single-family or duplex premises, may be attached or detached and may be erected without limit as to number; provided that such signs shall comply with all other applicable requirements of this chapter. The occupant of any premises who erects a movement-control sign shall comply with the following requirements: a. Each sign must not exceed 4 square feet in area and a maximum of 6 feet in height. Page 15 of 17 b. If a sign is an attached sign, the letters must not exceed 6 inches in height. c. Each sign must convey a message which directs vehicular or pedestrian movement within or onto the premises on which the sign is located. d. Not more than 50 percent of such sign may be used for advertising or identification." Section 10. Any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated section shall constitute and be deemed a separate offense. Section 11. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed; provided, however, that as to signs made nonconforming by this ordinance, such signs shall continue to be subject to, and any conflicting ordinance shall remain in full force and effect to the extent that the provisions of such prior ordinance are more rigorous or stringent than the requirements of this ordinance as applied to said nonconforming signs. Section 12. Nothing herein is intended to cause the City of Paris to pay compensation for the relocation, reconstruction, or the removal of a sign pursuant to Chapter 216, Texas Local Government Code, and any interpretation or application of this ordinance which would obligate the City to pay such compensation shall be null and void. Section 13. That the terms and provisions of this ordinance are hereby declared to be severable, and any finding of illegality or unconstitutionality as to any provisions hereof, shall not affect the continued enforceability of the remaining provisions of this ordinance. Section 14. This ordinance shall become effective on January 1,2006. PASSED AND ADOPTED this 12th day of December, 2005. ATTEST: Page 16 of 17 APPROVED AS TO FORM: ~~-~ . Lestock, Assistant City Attorney Page 17 of 17