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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 Page 1 of 6 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. Page 2 of 6 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. Page 3 of 6 (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 Page 4 of 6 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. Page 5 of 6 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 Page 6 of 6