08-C Amend Sign Ord - Electronic
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS AMENDING SECTIONS 28-1, DEFINITIONS, AND ADOPTING A
NEW SECTION 28-24, ELECTRONIC SIGNS, TO CHAPTER 28, SIGNS
AND BILLBOARDS, OF THE CODE OF ORDINANCES OF THE CITY
OF PARIS, TEXAS; PROVIDING NEW DEFINITIONS AND
REGULATIONS FOR ELECTRONIC SIGNS; LIFTING THE
MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE
CONSTRUCTION, RECONSTRUCTION, AND PLACEMENT OF
ELECTRONIC SIGNS WITHIN THE CITY OF PARIS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A PENAL TY CLAUSE, REPEALER CLAUSE,
SEVERABILITY CLAUSE AND SA VINGS CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
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 electronic signs; and
WHEREAS, since the City's sign ordinance was last updated, technology has advanced
considerably in the area of electronic signs, and the City's ordinance provides little or no
guidance or rules pertaining to electronic signs; further, due to the ability of electronic signs to
change the size, type, color and presentation of their message at varying speeds, electronic signs
can be more distracting to the general public and potentially more dangerous to the public safety
as they distract the attention of motor vehicle operators as they are driving on the public
roadways; and
WHEREAS, the City Council of City of Paris did heretofore, on the 14th day of May,
2007 enact Ordinance No. 2007-010 imposing a one hundred twenty (120) day moratorium on
the issuance of permits for the construction, reconstruction, and placement of billboard signs,
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 billboard signs, electronic signs and off-premises
signs within the city limits of the city of Paris, Texas for a period of thirty (30) days from and
after September 14,2007; and,
WHEREAS, on October 12, 2007, the City Council of the City of Paris enacted
Ordinance No. 2007-040, extending the moratorium on the issuance of permits for the
construction, reconstruction, and placement of electronic signs and off-premises signs within the
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city limits of the city of Paris, Texas for a period of sixty (60) days from and after October 14,
2007; and,
WHEREAS, the City Council Task Force on Code Enforcement did heretofore, on the
16th day of October, 2007, review and discuss proposed changes to the Sign Ordinance as the
same relates to electronic signs and has recommended to the City Council that these changes be
adopted; and,
WHEREAS, the City Council of the City of Paris has reviewed the recommendations
from the Code Enforcement Task Force for new regulations applicable to electronic signs located
in the City of Paris and determined that the regulations set out herein are in the best interest of
the City of Paris and its citizens and should be adopted, and that the moratorium on the issuance
of permits for electronic signs be lifted.
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 Section 28-1 of the Code of Ordinances of the City of Paris, Texas, be,
and the same is hereby amended in part to add the following definitions, as provided below:
"Sec. 28-1. Definitions.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed:
Animated shall mean designed or programmed so as to seem alive and moving
employing visible moving parts, changing images and/or changing colors..
Electronic sign is a sign that consists of lights, light emitting diodes ("LED"), or
other form of illumination that displays a message or picture.
Natural Grade is the average grade of the property located within the front setback, prior
to the addition of artificial grade increases such as berms, retaining walls, elevated landscape
beds.
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"
Section 3. That Section 28-1 of the Code of Ordinances of the City of Paris, Texas, be,
and the same is hereby, amended to remove the definition of "blinking sign."
Section 4. That a new Section 28-24 of the Code of Ordinances of the City of Paris,
Texas, be, and the same is hereby, added so that such shall read as follows:
"Sec. 28-24. Electronic Signs.
An Electronic sign, that meets all other requirements of the City's Sign
Ordinance, Zoning Ordinance and other regulations of the City of Paris, may be
located in a nonresidential zoning district and on certain school or church property
in any zoning district, subject to the following restrictions:
(1) No or electronic sign shall be illuminated to an intensity which
causes glare or brightness to a degree that could constitute a hazard
or nuisance to a motor vehicle operator on a public roadway.
(2) The message or picture conveyed by the electronic sign
shall not blink, flash, scroll or be animated; the message or
picture conveyed shall remain static and shall not change
more frequently than once every eight (8) seconds; and a
change of message must occur simultaneous on the entire
sign face.
(3) Electronic signs conveying only time and temperature
information shall remain static and shall not change more
frequently than once every three (3) seconds.
(4) All electronic sign faces shall be limited to a maximum of
ten (10) square feet in area; provided, however, properties
adjacent to or fronting u.S. Highway Loop 286 may locate
an electronic sign facing Loop 286 up to a maximum sign
face area of thirty-two (32) square feet.
(5) Electronic signs are prohibited in historic districts and
shall:
Option 1: not face historic districts or residentially zoned
districts within the City of Paris; or
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Option 2: shall not face or be located within _ feet of
an existing residence, residentially zoned district, or
historic district.
(6) Electronic signs shall be programmed or equipped so that
the intensity of its display shall automatically adjust
according to natural ambient light conditions.
(7) Electronic signs are only allowed as part of a ground sign
and shall be limited to a maximum sign height of eight (8)
feet above the natural grade of the property; provided,
however, electronic signs fronting or adjacent to U.S.
Highway Loop 286 may be constructed as a ground sign or
pole sign, but the electronic portion of the sign shall be
limited to a maximum height of twelve (12) feet above the
grade of the nearest traffic lane or access road which ever is
lower.
(8) All power to an Electronic sign shall be supplied via
underground carrier, inside approved conduit, and shall be
installed in accordance with City electrical requirements.
Section 4. That the moratorium on the issuance of permits for the construction,
reconstruction, and placement of electronic signs within the city limits of the City of Paris,
Texas, enacted by Ordinance No. 2007-040, be, and the same is hereby, lifted.
Section 5. 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 6. 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 7. 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
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 8. That any person violating any of the provisions of this ordinance shall be
guilty of a Misdemeanor and, upon conviction, shall be fined in accordance with the provisions
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of Section 1-6 of the City Code of Ordinances, and each and every day's continuance of any
violation of the above-enumerated section(s) shall constitute and be deemed a separate offense.
Section 9. That 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 10. That this ordinance shall be effective from and after its date of passage and
publication as required by law.
PASSED AND ADOPTED this _ day of
,2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
w. Kent McIlyar, City Attorney
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