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11-A Extending Sign Moratorium Attomey\ordwork\current\Extending Moratorium-Billboard & Off-Premises Sign Ord 1-14-08 ORDINANCE NO. DRAFT 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 BILLBOARDS AND OFF-PREMISES SIGNS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS FROM AND AFTER JANUARY 20, 2008; 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, on October 22, 2007, the City Council of the City of Paris enacted Ordinance No. 2007-041 establishing new regulations for the placements, size and operation of electronic signs within the City of Paris, Texas; 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 Task Force has recently completed their review of proposed outside storage regulations for the City of Paris and is now studying new fencing regulations and minimum standards for structures in the City of Paris; and, WHEREAS, the City Council would like the Task Force to undertake the review and study of billboard signs and off-premises signs in the City of Paris and develop amendments to the City's sign 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 one hundred eighty (180) 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 one hundred eighty (180) days from and after January 20, 2008, 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 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 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 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, 2 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 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 one hundred eighty (180) days from and after January 20, 2008, 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 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. 3 T T 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 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 14th day of January, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 4