2007-040-ORD-Extending the moratorium on the issuance of permits for the, construction, reconstruction, and placement of electronic or digital signs within the City limits of the City of ParisORDINANCE N0. 2007-040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, EXTENDING THE MORATORIUM ON THE ISSUANCE OF
PERMITS FOR THE, CONSTRUCTION, RECONSTRUCTION, AND
PLACEMENT OF ELECTRONIC OR DIGITAL SIGNS WITHIN THE
CITY LIMITS OF THE CITY OF PARIS, TEXAS FOR A PERIOD OF
SIXTY (60) DAYS FROM AND AFTER OCTOBER 14, 2007; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 14, 2007, the Ciry Council of the City of Paris enacted Ordinance
No. 2007-0 l 0, imposing a one hundred twenty (120) day moratorium on the issuance of permits
for the construction, reconstruction, and placement of billboards, electronic signs, and
off premises signs within the city limits of the City of Paris, Texas; and,
WHEREAS, on August 27, 2007, the City Council of the City of Paris enacted
Ordinance No. 2007-021 extending the moratorium on the issuance of permits for the
construction, reconstruction and placement of billboards, electronic signs and off premises signs
within the city limits of the City of Paxis, Texas for thirty (30) days from and after September 14,
2007; and,
WHEREAS, several representatives of the electronic and digital sign industry appeared
at a meeting of the City Council on October 8, 2007 and expressed some concerns about the
City's proposed regulations for electronic and digital signs and requested the Council to study the
matter further and to consult the new electronic sign regulations being proposed by the Texas
Department of Transportation (TxDOT).
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 electronic
sign industry, the City Council has determined that it is necessary to further review, study, revise
and update the City's sign regulations as they apply to billboards, electronic signs and
off-premises signs; and
VVHEREAS, the City Council hereby finds and determines that it would be in the best
interest of the City and its citizens to extend the moratorium on the issuance of sign permits for
electronic or digital signs for sixty (60) days from and after October 14, 2007 to allow city staff
and the City Council additional time to study and consider TxDOT's proposed regulations for
electronic/digital signs and to prepare appropriate amendments to the City's sign ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
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accruing or to accrue, or as affecting any rights of the municipality under any section or
provisions of any ordinance at the time of passage of this ordinance.
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 12th day of October, 2007.
sse James reelen, Mayor
ATTEST:
~ ~
J ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mc y, Ci Attorney
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Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That, for a period of sixty (60) days from and after October 14, 2007, the
expiration date of the current moratorium (Ordinance No. 2007-010), no application for a sign
permit, under Chapter 28 of the City Code of Ordinances or application for a specific use permit,
under the Ciry Zoning Ordinance, shall be accepted by the City of Paris, Texas for an electronic
or digital 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 an electronic or
digital 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 electronic or digital 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 an
electronic or digital 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 an electronic or
digital 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 sixty (60) days from and after October 14, 2007, the expiration date of the
current moratorium (Ordinance No. 2007-021) 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 an electronic
or digital 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
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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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