14 Approve an ordinance suspending the issuance of permits for and extending for thirty days the moratorium on the erection, reconstruction, and placement of billboards, electric signs, and other off-premise signs within the City limits of ParisCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
07/09/08
Communiry
Council Date:
Development
Lisa Wright
14.
07/ 14/08
RECOMMENDED MOTION:
Approve an ordinance suspending the issuance of permits for and extending for thirty
(30) days the moratorium on the erection, reconstruction, and placement of billboards,
electric signs, and other off-premise signs within the city limits of Paris.
POLICY ISSUE(S):
Ordinance
BACKGROUND:
Beginning May 14, 2007, the City Council first imposed a 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 Paris. The moratorium will expire on July
20, 2008.
The City Council directed the Code Enforcement Task Force to study and consider
proposed amendments to the Sign Ordinance including regulations applicable to billboard
and off-premises signs. The Task Force has completed a comprehensive review of the
entire ordinance and has recommended numerous revisions.
A final document will be submitted to the City Council for its consideration on July 28;
therefore, it is requested that the current moratorium be extended for thirty (30) days.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation Z Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration Z City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Coutt Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
- 000138
DRAFT
Attorney\ordwork\current\Extending Moratorium - Billboard & Off-Premises Sign Ord 7-14-08
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
EXTENDING THE MORATORIUM ON THE ISSUANCE OF PERMITS FOR
THE CONSTRUCTION, RECONSTRUCTIOIV, AND PLACEMENT OF
BILLBOARDS AND OFF-PREMISES SIGNS WITHIN THE CITY LIMITS OF
THE CITY OF PARIS, TEXAS FOR A PERIOD OF THIRTY (30) DAYS FROM
AND AFTER JULY 18, 2008; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBjECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 14, 2008, the City Council of the City of Paris enacted
Ordinance No. 2008-040 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 one hundred eighry (180) days from and after
January 20, 2008; and, WHEREAS, in August, 2007, the City Council of the City of Paris created the Code
Enforcement Task Force to review and study proposed ordinances and regulations of the
Ciry of Paris addressing health, safety and beautification issues within the City of Paris; and,
WHEREAS, the City Council directed the Code Enforcement Task Force to study and
consider proposed amendments to the Sign Ordinance including regulations applicable to
billboard and off-premises signs. The Task Force has completed a comprehensive review
of the entire ordinance and has recommended numerous revisions thereto.
WHEREAS, the proposed ordinance as recommended by the Task Force is currently
under review by the City Attorney, and a final document will be submitted to the City
Council for its consideration at its regular meeting on July 28; therefore, it is requested that
the current moratorium be extended for thirty (30) days.
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 thirty (30) 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.
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Section 2. That, for a period of thirty (30) days from and after July 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 Ciry 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 reguiations to the Code
Enforcement Task Force for their review and recommendation and then to the Ciry 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. 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 thirty (30) days from and after July 18; 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
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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.
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
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under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalry 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 14d~ day of July, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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