05-A Extending moratorium for signs.
DRAFT
ORDINANCE NO.
f:attomeylordworklcurrentlExtending Billboard Moratorium 2007
August 20, 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, EXTENDING MORATORIUM ON THE ISSUANCE OF
PERMITS FOR THE ERECTION, CONSTRUCTION,
RECONSTRUCTION, AND PLACEMENT OF BILLBOARDS,
ELECTRONIC SIGNS, AND OFF-PREMISES SIGNS WITHIN THE CITY
LIMITS OF THE CITY OF PARIS, TEXAS AS ENACTED BY
ORDINANCE NO. 2007-010, FOR ONE HUNDRED TWENTY (120) DAYS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 14, 2007, the City Council of the City of Paris enacted Ordinance
No. 2007-010, imposing a one hundred twenty (120) day moratorium on the issuance of permits
for the erection, construction, reconstruction, and placement of billboards, electronic signs, and
off-premises signs within the city limits of the City of Paris, Texas; and,
WHEREAS, due to the fact that the City Council has recently hired a new City Manager
for the City of Paris and that the Council has recently created a Code Enforcement Task Force to
review and study all issues that impact code enforcement and appearance of the City, the Council
believes that it would be in the best interest of the City of Paris and its citizens to extend the
moratorium for 120 more days to allow the Code Enforcement Task Force and the new City
Manager an opportunity to review and study proposed amendments to the sign ordinance; and,
WHEREAS, the City Council finds and determines that the sign regulations of the City of Paris,
as contained in Chapter 28 of the Code of Ordinances as they relate to the erection, construction,
and placement of billboards and other off-premise signs were originally codified in 1970 and
have not been substantially reviewed or revised since 1986; and,
WHEREAS, due to continuing growth and development in the City of Paris, changes in
federal and state laws applicable to sign regulations and changes in the advertising and sign
industry, the City Council has determined that it is necessary to review, study, revise and update
the City's sign regulations as they apply to billboards, electronic signs and off-premises signs;
and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That, for an additional period of one hundred twenty (120) days from and
after the effective date of this ordinance, no application for a sign permit, under Chapter 28 of the
City Code of Ordinances or application for a specific use permit, under the City Zoning
Ordinance, shall be accepted by the City of Paris, Texas for a billboard sign, electronic sign or
off-premises sign (as defined herein) upon any property located within the corporate city limits of
the City of Paris, Texas.
Section 3. That during the term of this moratorium, City staff is hereby directed not to
accept any applications for a sign permit under Chapter 28 of the Paris City Code of Ordinances
or application for specific use permit under the City Zoning Ordinance, for a billboard sign,
electronic sign or off-premises sign to be located in the corporate city limits of the City of Paris,
Texas; any documents received purporting to apply for such a permit shall be returned to the
applicant along with a copy of this ordinance and any application for a permit declined for
processing pursuant to this ordinance shall be considered administratively incomplete.
Section 4. That the City Manager, City Attorney, and the City staff shall be and are
hereby instructed during the term of this moratorium to develop and propose new regulations for
the future location, construction, reconstruction or alteration of billboard signs, electronic signs,
and off-premise signs in the City of Paris, Texas as described herein and to present said
regulations to the City Council for their consideration and adoption.
Section 5. That this ordinance does not prohibit and shall not be construed to prohibit
the granting of any permit for the construction, reconstruction, installation or alteration of a
billboard sign, electronic sign or off-premises sign in any circumstance in which a properly
completed, administratively complete application for said permit was submitted in accordance
with all applicable City rules and regulations prior to the effective date of this ordinance.
Section 6. That any permit lawfully issued by the City of Paris for a billboard sign,
electronic 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 one hundred twenty (120) days from and after the effective date hereof,
unless earlier repealed by an official act of the Paris City Councilor 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, electronic 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
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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, 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, shall 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 shall
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
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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.
Section 14. That this ordinance shall be effective from and after its date of passage and
publication as required by law.
PASSED, APPROVED, AND ADOPTED this 27th day of August, 2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
w. Kent McIlyar, City Attorney
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