2007-041-ORD-Texas amending section 28-1, definitions, and adopting a new section 28-24, electronic signs and section 28-25, nonconforming electronic signs, to chapter 28, signs and billboards, of the code of ordinances of the city of ParisORDINANCE N0. 2007-041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS AMENDING SECTION 28-1, DEFINITIONS, AND ADOPTING A
NEW SECTION 28-24, ELECTRONIC SIGNS AND SECTION 28-25,
NONCONFORMING 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 PENALTY CLAUSE, REPEALER CLAUSE,
SEVERABILITY CLAUSE AND SAVINGS 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
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construction, reconstruction, and placement of electronic signs within the 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
September 6, 2007 and October 16, 2007, review and discuss proposed changes to the City Sign
Ordinance for regulating the size, height, location and type of electronic signs to be located in the
City of Paris 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 regulating electronic signs located in the City of Paris
and has determined that the regulations set out herein, as amended by the City Council, will
promote and protect the health, safety, and general welfare of the City of Paris and its citizens
and should be adopted, and that the moratorium on the issuance of permits for electronic signs
should 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, or 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 to 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 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 an 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 inessage must occur
simultaneous on the entire sign face.
(3) Electronic signs conveying only time and temperature information
shall not blink, flash, scroll or be animated 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 and
fronting on 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
not face or be located within one hundred fifty (150) 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.
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(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 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 feet (12') 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 a new Section 28-25 of the Code of Ordinances of the City of Paris,
Texas, be, and the same is hereby added so that such section shall read as follows:
"Sec. 28-25. Nonconforming Electronic Signs.
(a) A nonconforming electronic sign is a sign and its supporting structure
which does not conform to all or part of the provisions of this Ordinance, and:
(1) was in existence, has a sign permit if one was required prior to this ordinance
and was lawfully erected prior to the date of this Ordinance; (2) was in existence
and lawfully located and used in accordance with the provisions of the prior
Ordinance applicable thereto, or which was considered legally nonconforming
there under, and has since been in continuous or regular use; or (3) was in
existence, located, and used on the premises at the time it was annexed into the
City of Paris and has since been in regular and continuous use.
(b) Any nonconforming electronic sign and its support structure which is
destroyed, damaged, dilapidated or deteriorated shall not be replaced, repaired or
renovated, in whole or in part, if such replacement, repair or renovation would
require an expenditure of monies in excess of sixty percent (60%) of the cost of a
new sign, including its support structure, which is substantially the same or
similar to the nonconforming sign destroyed, damaged, dilapidated, or
deteriorated.
(c) No electronic sign or its support structure which is lawfully
reproduced, repaired or renovated as a nonconforming sign shall be increased in
area or height.
(d) Notwithstanding any other provision of this Ordinance, any electronic
sign that is a legally existing nonconforming sign hereunder may be relocated on
the same lot or tract of land, if the sign is required to be removed from its present
location because the property upon which the sign is located is acquired by any
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governmental agency or other entity which has or could have acquired the
property through the exercise of its power of eminent domain. Such relocated
sign shall be placed, insofar as possible, as to comply with all provisions of this
Ordinance."
Section 5. 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 6. 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 7. 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 8. 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
ar by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty
accruing ar 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 9. 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
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 10. 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 11. That this ordinance shall be effective from and after its date of passage and
publication as required by law.
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PASSED AND ADOPTED this 22nd day of October, 2007.
n,zo ,
Jame Freelen, Mayor
ATTEST:
,
anice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, ity ttorney
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