2007-042-ORD-imposing a moratorium on the issuance of permits for the construction, reconstruction, and placement of billboards and off-premises signsORDINANCE N0. 2007-042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, IMPOSING A MORATORIUM ON THE ISSUANCE OF
PERMITS FOR THE CONSTRUCTION, RECONSTRUCTION, AND
PLACEMENT OF BILLBOARDS AND OFF-PREMISES SIGNS WITHIN
THE CITY LIMITS OF THE CITY OF PARIS, TEXAS FOR A PERIOD
OF NINETY (90) DAYS FROM AND AFTER OCTOBER 22, 2007;
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO
DEVELOP NEW REGULATIONS FOR BILLBOARDS AND
OFF-PREMISES SIGNS TO BE PRESENTED TO THE CITY COUNCIL;
PROVIDING A VARIANCE AND APPEAL PROCESS FOR PERSONS
AGGRIEVED BY THIS ORDINANCE; PROVIDING A REPEALER
CLAUSE, SEVERABILITY CLAUSE, SAVINGS CLAUSE AND
PENALTY CLAUSE; 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 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 Paris, Texas for 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 digital and electronic signs within the city limits of
the City of Paris, Texas for sixty (60) days from and after October 14, 2007; and,
WHEREAS, the City Council of the City of Paris created the Code Enforcement Task
Force to review and study proposed ordinances and regulations of the City of Paris addressing
health, safety and beautification issues within the City of Paris; and,
WHEREAS, the Code Enforcement Task Force has recently completed their review of a
proposed ordinance regulating electronic signs in the City of Paris and have made their
recommendations to the City Council; and,
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WHEREAS, the City Council would like the Task Force to review and study other
proposed amendments to the City's sign regulations including those regulations applicable to
billboards and off-premises signs and make their recommendation to City Council; and,
WHEREAS, the City Council hereby finds and determines that it would be in the best
interest of the City of Paris and its citizens to extend the moratorium on the issuance of sign
permits for billboards, and off-premises signs for ninety (90) days from and after the effective
date of this ordinance to allow city staff, the Code Enforcement Task Force and the City Council
additional time to study and consider proposed amendments to the Sign Ordinance including
regulations applicable to billboard and off-premises signs.
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 a period of ninety (90) days from and after the effective date of this
ordinance (October 22, 2007), 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 or off-premises sign 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 far 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, 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 Sign Ordinance, including regulations applicable to the future location, construction,
reconstruction or alteration of billboard signs and off-premise signs in the City of Paris, Texas as
described herein and to present said regulations to the Code Enforcement Task Force for their
review and recommendation and then 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 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.
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Section 6. That any permit lawfully issued by the City of Paris for a billboard 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 ninety (90) days from and after October 22, 2007, 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 a billboard
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 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 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 andJor
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
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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 ar 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 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 22°d day of October, 2007.
ATTEST:
, ,
gatcte Ellis, City Clerk
APPROVED AS TO FORM:
-/L) ~
W. Kent Mc y, Ci Attorney
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