13 Motion to approve an ordinance amending Chapter 28, Signs and Billboards, of the Code of Ord.CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
7/23/08
Code Enforcement Task
Lisa A. Wright, Director of
Council Date:
Force
Community Development
13.
7/28/08
RECOMMENDED MOTION:
Motion to approve an ordinance amending Chapter 28, Signs and Billboards, of the Code
of Ordinances of the City of Paris, Texas; providing for revised and expanded definitions;
providing for regulation and permitting of billboards, off-premise and temporary signs;
sign placement locations; providing revised size and spacing regulations; providing a
procedure for removing non-conforming, abandoned, obsolete, nuisance, or otherwise
unlawful signs; providing an appeal, variance and special exception process to permitting
requirements
POLICY ISSUE(S):
Ordinance
BACKGROUND:
On April 22, May 6, and May 20, 2008, the City Council and the Task Force on Code
Enforcement conducted joint work sessions to consider revisions to the City's Sign
Ordinance. As a result of those work sessions, an ordinance has been developed that
reflects the changes recommended by the Task Force.
Recommended changes include new regulations for billboards and other off-premise
signs, the addition of regulations for alternative kinds of signs which are becoming more
regularly used but which have not previously been included in the sign ordinance, and the
addition of provisions regulating temporary signs.
BOARD/COMMISSION RECOMMENDATION:
The City Council Task Force on Code Enforcement, in a joint work session with the City Council, has
recommended revisions to the City's Sign Ordinance.
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 Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utiliries
City of Paris - 0 U 0 0 9 4 Revised 2/04/08
D RAFT
Attorney\ordwork\current\Billboard & Temp Signs Ord 2008
ORDINANCE N0.
AN ORDIIVAIVCE OF THE CITY COUIITCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 28, SIGNS AND BILLBOARDS, OF THE CODE OF
ORDINAIVCES OF THE CITY OF PARIS, TEXAS; PROVIDING FOR REVISED A1VD
EXPANDED DEFINITIONS; PROVIDING FOR REGULATION AND PERMITTING
OF BILLBOARDS, OFF-PREMISE AND TEMPORARY SIGNS; SIGN PLACEMENT
LOCATIONS; PROVIDING REVISED SIZE SPACING REGULATIONS; PROVIDING
A PROCEDURE FOR REMOVING NON-CONFORMING, ABANDONED, OBSOLETE,
NUISANCE, OR OTHERWISE UNLAWFUL SIGNS; PROVIDING AN APPEAL,
VARIANCE AND SPECIAL EXCEPTION PROCESS TO PERMITTING
REQUIREMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 City of
Paris addressing health, safery 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
billboards, off-premises and temporary signs. The Task Force has completed its review of the
City's sign regulations and has recommended numerous revisions thereto.
WHEREAS, the City Council having reviewed the recommendations of the Task Force for
amending a new Chapter 28, Signs and Billboards, of the City Code of Ordinances hereby finds
and determines that the changes recommended below are in the best interest of the City of Paris
and its citizens and should be adopted.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Chapter 28, Signs and Billboards of the Code of Ordinances of the City of
Paris, Texas, be, and the same is hereby, amended to read in its entirety as follows:
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"CHAPTER 28
SIGNS AND BILLBOARDS
ARTICLE I. IN GEIVERAL
Sec. 28-1. Definitions.
For the purposes of this chapter, the following words and phrases shall
have the meanings as set forth below:
A frame sign. A temporary sign used to identify a business name, telephone
number, hours of operation, and/or the business's website address. An A-frame
sign is made of two pieces of wood, metal, or other similar material approved by
the building official connected at the top by hinges or similar devices and may
collapse when the connecting devices are overextended or the two pieces of wood,
metal or other similar material are against one another. Also commonly referred to
as a `sandwich board sign.'
Abandoned or obsolete sign. A sign which depicts or refers to a product, business,
service, activity, condition, or person which has changed in such a manner that the
sign no longer correctly identifies or describes said entity, or which entity no
longer exists at the location referred to in the sign, or which entity no longer exists
in any way or at any place, or which is deserted, surrendered or forsaken, unused,
given up, or relinquished with intention of never resuming a right or interest
therein.
Alcoholic beverage signs. Any sign advertising alcoholic beverages which does not
exceed four (4) square feet.
Animated shall mean designed or programmed so as to seem alive and moving
employing visible moving parts, changing images and/or changing colors.
Attached sign. Any sign attached to, applied on or supported by any part of a
building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which
encloses or covers usable space and does not extend more than 12 inches from the
building facade.
Banner signs. A temporary sign which is constructed of pliable materials such as
canvas, fabric, vinyl plastic, or similar materials, with or without framework, which
will withstand exposure to wind and rain without significant deterioration.
Billboard. A sign, including the supporting structure, that advertises products or
services not sold, manufactured or distributed on the premises on which the sign is
located. The following additional definitions apply to billboards:
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(1) Back-to-Back Sign. A billboard consisting of two sign facings oriented
in opposite directions with not more than two faces per sign facing.
(2) Double Faced Sign. A billboard with two adjacent faces oriented in the
same direction and not more than 10 feet apart at the nearest point
between the two faces.
(3) Embellishments. Any feature such as a cutoff, neon or plastic letters,
clock, electric device, and space extension, which is added to a
billboard
(4) Facing. The area or display surface of a billboard upon which
advertising is affixed or painted and visible in one direction at one
time.
(5) Freestanding Sign. A billboard erected on a freestanding framework
supported and affixed by one or more uprights or braces in or upon
the ground.
(6) Multiple-faced Sign. A billboard comprised of sections which rotate to
display a series of advertisements, each advertisement being
displayed for at lest six (6) seconds continuously without movement;
the duration of movement of sections between advertisements not
exceeding two (2) seconds.
(7) V Type Sign. A sign structure which consists of two sign facings placed
at angles to each other, oriented in different directions and not
exceeding 10 feet apart at the nearest point to each other.
Building official. The Chief Building Official of the City of Paris or authorized
designee.
City. The City of Paris, Texas.
Cloud Buster Balloon. Any visible airtight inflatable apparatus that exceeds one
square foot in total area made of latex, mylar, or other similar material that
extends higher than ten feet into the sky by a cord, rope, string, wire, or other
similar material. A cloud buster balloon is commonly used to attract
passersby/patrons to a location having a promotion, sale, or other function.
Dilapidated signs. Signs that do not meet the standards described in this chapter.
Double-sided portable sign. A small, portable sign consisting of a single panel with
copy printed on both sides which is placed on the ground or pavement so as to be
self-supporting and which is used similarly to an A-frame sign.
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Electric sign. Any sign, the letters or designs of which are outlined by electric
lamps or tubes on which the letters or designs are painted, placed, or raised, and
illuminated by interior or exterior lamps so placed as to make visible the letters or
design on the sign. Billboards and ground signs which are illuminated as above
shall be classified as electric signs and shall meet the requirements for wiring and
electrical inspections as for electrical signs.
Electrical inspector. The electrical inspector of the City of Paris.
Electronic sign. Is a sign that consists of lights, light emitting diodes ("LED"), or
other form of illumination that displays a message or picture.
Government flag sign. A flag or insignia of a governmental or fraternal, religious,
civic or educational organization or institution which is not used in connection
with a commercial promotion or to advertise a commercial product, service,
business, activity, condition, or person.
Ground signs. Signs that are built so that there are no open spaces between the
ground and the sign.
Inflatable device sign (IDS). A sign manufactured of plastic, cloth, canvas, or other
flexible or light fabric, inflated with air, secured to the ground, does not float, does
not move freely in the wind, and does not exceed 30 feet in height. A wind-clevice
sign shall not be considered an IDS.
Inspections division. The Building Inspections Division of the City of Paris
Community Development Department. Major repair. Any repair, other than minor repair as defined herein, of an existing
sign, which through an act of God or other event (other than normal maintenance
operations) has become damaged or out of repair in excess of 60 percent of its
replacement cost. Such repair work will require a permit and shall meet all
provisions of this article. Verification of the percentage of damage will be supplied
by the applicant to the permit office, and such verification shall include, as a
minimum, two estimates from two different established sign contractors, stating
the total value of the sign and the total value of all costs to repair the sign to its
original state. If the applicant agrees that the repair exceeds 60 percent of
replacement cost, then the said estimates shall not be required.
Minor repair. Limited to painting, replacement of defective parts, cleaning, or
other similar minor maintenance to a sign which will keep said sign at an
acceptable level and which does not change the total area of the sign, and which
repair is less than 60 percent of the replacement cost of the sign.
Page 4 of 36
. 000098
Menu board means a temporary sign used to inform the public of the list of dishes,
foods, or entrees available in a restaurant and many include the corresponding
prices.
Movement-control sign. An on-site traffic control sign which directs vehicular or
pedestrian movement within or onto a premises.
Moving sign. Any sign, sign appendages, or apparatus designed or made to move
by an electrical or mechanical device.
Nameplate. Any sign showing only the name and address of the owner or occupant
of the premises on which it is erected.
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.
Nuisance sign. Any sign or billboard which annoys and disturbs one in possession
of his property, rendering its ordinary use or occupation physically uncomfortable
to him, or which is illuminated to an intensity to cause glare or brightness to a
degree that could constitute a hazard or nuisance. Nuisance signs shall include, but
not be limited to, the following:
(1) Signs containing statements, words, or pictures of an obscene, indecent,
or immoral character, such as will offend public morals or decency.
(2) Signs which imitate an official traffic sign or signal, or which contain the
words `stop,"go slow,"caution,"danger,' `warning,' or similar words.
(3) Signs which are of a size, location, movement, content, coloring, or
manner of illumination which may be confused with or construed as a
traffic control device, which hide from view any traffic or street sign or
signal, or which obstruct the view in any direction at a street or road
intersection.
(4) Signs which are moving, flashing, intermittently lighted, changing color,
beacons, revolving, or similarly constructed, except as otherwise
permitted in this Chapter.
(5) Signs that are unsafe or unsecured, abandoned, or maintained in a
dilapidated condition.
Off-premise sign. A sign other than a billboard as defined herein, including the
supporting structure, that advertises products or services not sold, manufactured
or distributed on the premises on which the sign is located. The following shall not
be considered off-premise signs:
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(1) Directional or government signs authorized by law.
(2) Real estate signs.
(3) On-premise signs.
Open sign. Any sign constructed of open metalwork or wire mesh secured to angle
iron or other framework, and the letters or designs fastened thereon.
Pole sign. Signs that must have at least eight (8) feet of clearance from the ground
to the bottom of the frame of the sign.
Political sign. Any type of sign which refers only to the issues or candidates
involved in a political election.
Protective sign. Any sign which is commonly associated with safeguarding the
permitted uses of the occupancy.
Real estate sign. Any sign advertising property for sale, lease or rent.
Sandwich board or A' frame sign. A portable sign consisting of two panels of equal
size, made of painted, decay-resistant wood, which are hinged at the top and
placed on the ground or pavement so as to be self-supporting. See also `A-frame
sign.'
Searchlight. Any apparatus capable of projecting a beam or beams of light.
Sign. Any writing, letter, word, numeral, pictorial representation, emblem, symbol,
trademark, object, design, or other identification which is designed or intended to
identify, advertise, announce, or inform. The term `sign' shalf not include:
(1) Works of art which in no way identify a product or business and
which are not displayed in conjunction with a numerical for-profit
enterprise.
(2) Temporary decorations or displays directly incidental to and
customarily and commonly associated with national, regional, or local
holiday celebrations.
(3) Traffic and other official signs and devices of any public or
governmental agency.
Sign area. The area enclosed by drawing one or more rectangles of horizontal and
vertical lines which fully contain all extremities of the sign drawn to scale,
exclusive of its supports. The measurement is to be calculated from the viewpoint
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1 000100
which gives the largest rectangle of that kind as the viewpoint is rotated
horizontally around the sign. Sign area shall include all lettering, wording, logos,
design, symbols, framing, roofing, and cabinets or modules.
Sky sign. Any sign or billboard supported or attached wholly or in part over or
above any wall, building or structure.
Temporary or portable sign. Any sign that is not permanently attached to the
ground or to a building, or that is not designed to be permanently attached to the
ground or building, including, but not limited to: torpedo signs, A-frame signs,
inflatable device signs, wind-driven signs, real estate signs, temporary directional
signs, promotional posters, banners, and political signs as herein defined.
Torpedo sign. Signs that are of the portable type that can be moved from location
to location, usually exhibiting flashing lights or changeable messages.
Vehicular sign. A sign that identifies a vehicle used for a particular business;
however, not when the primary use of the vehicle is that of a sign.
Wind device sign. A flag, banner, pennant, streamer, inflatable balloon, or similar
device made of cloth, canvas, plastic, or other similar flexible material, with or
without a frame or other supporting structure, fastened in such a manner as to
move upon being subject to pressure by wind or breeze and used as a temporary
sign. Texas and U.S. flags displayed on a flag pole shall not be considered wind
device signs.
Sec. 28-2. Weight of signs.
No sign that projects over public space shall have a greater weight than one
thousand five hundred (1,500) pounds.
Sec. 28-3. Construction of electric signs.
All electric signs must comply with section 11-112 of this Code of Ordinances. All
electric signs within the Central Area District shall have a structural framework of
iron, steel, or other metal substances of equal strength and the body and other
parts of such sign shall be of nonflammable material throughout. No threaded pipe
fittings will be permitted in any framework or standard for signs. The sign shall be
of such strength as may be approved by the building official with the advice of the
city engineer.
Sec. 28-4. Sign supports.
(a) All sign supports, brackets, guys, turnbuckles, bolts, anchors and fastenings
shall be figured strong enough to safely hold and support all loads and other
stresses which may come upon them.
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(b) Signs shall be supported and guyed with steel angles, chains, standard cables,
or wire.
(c) Guys shall be on the property upon which the sign is located or shall be covered
by an agreement with the property owner upon which it is located.
(d) Chain supports shall have welded links of not less than three-sixteenths of an
inch in diameter.
(e) No cable shall be tied or twisted around any anchor or other support, but shall
be joined into a loop with an eyelet inserted and the loose end fastened to the
standing part of the cable with approved clips, clamps, or standard cable splice. A
turnbuckle shall be inserted in every cable or wire hanger or guy to keep them
taut.
(o All cable, wire, brackets, strap iron, turnbuckles, anchors, bolts, and all other
supports shall be galvanized or given two (2) heavy coats of protective
noncorrosive paint.
Sec. 28-5. Exits to be kept clear.
No sign of any kind shall be attached to the wall or be placed upon the roof of any
building in such a manner as to obstruct any fire escape, door, window, or other
passageway leading to a fire escape or to a street exit, nor shall the sign be
fastened in any manner to a fire escape.
Sec. 28-6. Fire walls to be kept clear.
No sign shall be erected upon the fire wall or coping of any building, nor shall it be
anchored to such wall but shall be attached to and supported by other structural
parts of the building.
Sec. 28-7. Sky signs.
(a) Sky signs shall be constructed entirely of inetal, including the supports and
braces for same, and no sky sign shall project beyond the building line.
(b) Any sign erected upon or above the roof of any building shall have a maximum
height to be determined by the building official.
(c) Sky signs are prohibited except by special use permit. Existing sky signs in the
downtown area are allowed to remain subject to the requirements for non-
conforming signs set forth in Section 28-21 of this chapter; but no new sky signs
will be allowed to be erected in the downtown area.
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. 000102
(d) When erected on flat roofs, there shall be maintained a three-foot passageway
around the ends of the sign and between its lower edge and the roof.
Sec. 28-8. Location, Height and Maximum Total Signage.
(a) No sign projecting over a sidewalk or other public space shall be so hung that
the lowest point will be less than eight (8) feet above the sidewalk or ground level
under the sign, and no sign shall extend any closer than two (2) feet of the
curbline.
(b) No sign shall be erected in or placed in or project over any street, alley, right-
of-way, or public place; however, in the downtown area, signs may project over the
right-of-way when necessary.
(c) No sign attached to the wall of any building or structure or supported by a
support on the building line and extending outward therefrom shall project over a
sidewalk or public space more than seven and a half (7 1/2) feet.
(d) All signs must be supported from a support on private property. No supports
or obstruction will be permitted on sidewalk or public space. All signs in alleys are
prohibited where signs project over public space.
(e) No sign erected above the second story of any building or multiple dwelling,
shall extend beyond the walls of the building more than two (2) feet, or be so
spaced as to obstruct any window or means of exit above the second floor of the
building.
(o No sign having a height greater than three (3) feet above the level of the center
of the nearest abutting street will be permitted on or in that portion of any corner
lot which is included in a triangle on the street corner of the lot formed by a
diagonal line intersecting the property lines at points twenty (20) feet from the
street corner intersection of the property lines.
(g) Attached signs may be located on a building wall; but, if any part of the sign
projects above the ceiling line of the first floor, then no window or part of a
window shall be situated within or blocked by the flat wall sign. No such sign shall
extend above the roofline of the building or more than 12 inches from the building
wall. Where such signs are located on mansard-style roofs, and the building fascia
is not vertical, the bottom of such sign shall not project more than 12 inches from
said roof and the sign can be oriented in a vertical manner.
(h) Total sign face area of all permanent signs combined on one property,
including ground signs, pole signs, attached signs, etc. shall not exceed one (1)
square foot per front foot of property line, or a maximum of three hundred (300)
square feet, at any time.
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Sec. 28-9. Prohibited signs.
(a) Cloth and banner signs. No person shall suspend or project over or across any
street, alley or other public space or portion thereof, cloth signs or banners
advertising anything or for any purpose whatsoever. This chapter, however, shall
not prohibit the displaying of flags and other emblems not otherwise prohibited by
law, provided the flag or emblem, when suspended over a street, or public space, is
securely fastened to the supporting cable by one (1) edge only, and be allowed to
swing free and further provided that permission to display the flags or emblems
has been obtained from the building official. The supporting cable shall be of
sufficient strength and anchored so as to meet the approval of the building official.
The building official may grant a temporary suspension of the second and third
sentences of this paragraph (a) of this section at such times as he may deem
expedient on special occasions or while festivals or celebrations are being held.
(b) Abandoned or obsolete signs. The owner of the sign shall remove such signs in
accordance with the provisions of Sec. 28-21 hereof.
(c) Ground signs. The size of ground signs shall be limited to one (1) square foot
per front foot of property upon which the same is placed; however, under no
circumstances shall such sign exceed three hundred (300) square feet in area and
fifteen (15) feet in height. No ground sign shall be erected within twenty (20) feet
of any residence.
(d) Historically significant signs. The historic preservation commission, the
committee charged with protecting historical districts, may nominate signs located
in such districts as historically significant signs. The city council shall hold a public
hearing and make final determination as to the historical significance of such
nominated sign, and if such sign is found to be historically significant then the
prohibition herein shall not regulate such sign. However, such sign may only be
maintained and shall not be enlarged, diminished, or significantly changed, and in
the event of such notification of change, it shall lose the protection as an
historically significant sign.
(e) Nuisance signs. No sign shall be placed or maintained in such a manner as to
constitute a nuisance as that term is defined herein.
(o Pole signs. The size of pole signs shall be limited to one (1) square foot per front
foot of property upon which the same is placed; however, under no circumstances
shall such sign exceed three hundred (300) square feet in area and thirty (30) feet
in height, except that, pole signs will not be limited to one (1) square foot per front
foot of property, nor to thirty (30) feet in height, when erected within a rectangle
one thousand (1,000) feet wide and four thousand (4,000) feet long running
lengthwise with an elevated portion of Loop 286 or an elevated portion of any
Farm to Market Road, Texas highway, or U.S. highway outside of Loop 286, having
its center at the center point of the elevated street or highways' intersections with
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the depressed street or highway or when erected within a rectangle fifteen
hundred (1,500) feet wide and one thousand (1,000) feet long at an elevated
intersection of a Farm to Market Road, a Texas highway or a U.S. highway
intersection with Loop 286, such rectangle extending inside Loop 286 five hundred
(500) feet from the center point of said intersection and one thousand (1,000) feet
outside of Loop 286 from such center point of such intersection. If a permit
application is received for a pole sign to be located within the aforedescribed
rectangles, a specific use permit may be issued in accordance with the procedure
established in section 28-43, which would establish the height of such sign and the
size of such sign not to exceed a maximum of three hundred (300) square feet. No
pole sign shall be erected within twenty (20) feet of any residence.
(g) Swinging signs. Detached and hanging signs shall be engineered to withstand a
wind load of 30 pounds per square foot.
(h) Temporarysigns. Temporary or portable signs, except as permitted in Section
28-10.1. (i) Torpedo signs. No torpedo sign shall be constructed or placed in the city which
fails to meet the requirements of Section 28-10.1.
(j) Signs on public rights-of-way. No person shall attach any sign, paper, or other
material or paint, stencil, or write any name or number (except house numbers) or
otherwise mark in any public right-of-way unless authorized by this article or by
the city council or its delegated representatives.
(k) Signs on trees, poles, etc. No person shall attach or maintain any sign upon any
tree, public utility pole, or public building except as designated by the inspections
division.
(1) Signs on abandoned buildings or vacant lots. No person shall place, attach, or
maintain any sign on vacant lots or abandoned buildings. However, on premise
real estate signs shall be permitted.
(m) Attached signs. The size of attached signs shall be limited to one (1) square
foot per front foot of property upon which the same is placed; however, under no
circumstances shall such sign exceed three hundred (300) square feet in area. If
the lot on which the building is located has multiple right-of-way frontage, each
street frontage shall be counted for purposes of determining attached sign
allowance. Said signage is to be applied (distributed) on the sides of the building
where facing directly adjacent to the public right-of-way. Alternate signage is
allowed on sides of the building not adjacent to the public right-of-way not to
exceed 32 square feet.
(n) Off-premise signs. No person shall place or maintain any off-premise sign other
than a billboard as regulated herein.
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(o) Cloud buster balloons and air devices. No person shall erect, maintain, or allow
the installation of any cloud buster balloons or similar air devices, except as
provided in Section 28-10.1.
(p) Search lights. Large lighting fixtures used to attract attention to a business or
specific location are prohibited.
(q) Flashing or moving signs. No flashing signs, rotating or moving signs, animated
signs, signs with moving lights, or signs which create the illusion of movement
shall be permitted.
(r) Signs on trees or utility poles. No sign shall be attached to a tree, utility pole, or
fence post whether on public or private property.
(s) Signs attached to or upon any vehicle, including a trailer, when the primary use
of said vehicle is to provide a base for such sign or constitute the sign itself.
(t) Any stgn not specifically allowed under this chapter is hereby prohibited.
Sec. 28-10. Location of ground signs and torpedo signs.
(a) No ground sign or torpedo sign shall be erected within twenty (20) feet of any
residence or be so placed as to obstruct the lighting of any street, alley or public
space, or interfere with any public utility service.
(b) No ground sign or torpedo sign shall be closer than six (6) feet to any building,
nor to the side of any lot, nor closer than fifteen (15) feet to any curbline;
furthermore, in all cases where a billboard is within fifty (50) feet of a building and
the front:line of such building is more than fifteen (15) feet from the curbline, then
the billboard, ground sign or torpedo sign shall not be nearer to the curbline than
the front line of the building is from the curbline.
28-10.1. Temporary or portable signs.
Temporary signs, including, but not limited to: torpedo signs, banners,
inflatable device signs, posters, pennants, animated signs, wind-driven signs, cloud
buster balloons, shall be permitted, subject to the following guidelines:
(a) In general.
(1) Temporary or portable signs shall not be used in place of a
permanently installed sign except as provided in section 28-10.3 of
this chapter.
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(2) A person may obtain a temporary sign permit for their business for a
maximum time period of twenty-one (21) consecutive days up to four
times per year. The temporary sign may not exceed thirty-two (32)
square feet in size and the means of attachment or anchoring of the
temporary sign shall not be visible from the public right-of-way.
(3) A developer or builder's sign for a particular project may be allowed to
remain in place through completion of the project, provided
reasonable progress is made.
(4) A permit fee of $25.00 will be applicable for each temporary sign
permitted during each twenty-one day period.
(5) For coordinated development sites such as shopping centers, office
centers, or industrial parks, only one temporary sign may be located at
a time, for a maximum of twenty-one (21) consecutive days, no more
than four times per year per coordinateddevelopment.
(6) Temporary signs may not be located in areas of required off-street
parking.
(7) Temporary signs may not be located in areas that may, in the
judgment of the building inspection division or the police department,
create a safety hazard to vehicular or pedestrian traffic.
(8) Temporary signs, when permitted, may not be relocated to any other
location on the property or to another property without prior
authorization from the building inspection department. Any approved
relocation of a permitted temporary sign does not extend the
authorized time period of the sign.
(9) Temporary signs shall be required to meet all applicable city codes.
(10) Temporary signs shall be maintained in a good state of repair and
shall not be allowed to become dilapidated, faded, weatherworn,
unsightly or deteriorated.
(b) New business. A grand-opening sign shall be allowed in addition to the
maximum allowable signage for a 30-day period upon issuance of a certificate of
occupancy. The fee for such signage shall be included as part of the original sign
package, and such grand opening sign will not be counted toward the maximum
number of temporary sign permits allowed per year. Such sign shall not exceed 32
square feet, excluding torpedo signs as provided herein.
Page 13 of 36
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(c) Torpedo signs.
(1) Torpedo signs may be used as temporary signage in accordance with
subsections (a) and (b) above. Additionally, for new businesses, a
temporary permit for a torpedo sign may be obtained for a period not
to exceed one hundred eighty (180) days upon issuance of a certificate
of occupancy to allow time for the design and installation of a
permanent sign.
(2) All torpedo signs which are currently in place on property in the City
of Paris, whether under a current permit or not, excluding torpedo
signs which are not otherwise in conformance with provisions
regulating such signs, may remain in place for a period of one (1) year
from the effective date of this subsection; thereafter, such signs must
be brought into compliance herewith.
(3) A torpedo sign may be converted to a permanent ground sign under
the conditions set forth in Section 28-10.3.
(d) Banners and pennants. Such signage is allowed on light standards and
poles, as long as signage does not exceed 20 square feet per pole or sign and is not
strung or affixed in any manner other than from brackets on single poles.
(e) Banners leading to historic locations. Banners placed on pole standards
shall be permitted in locations which lead to historic or publicly owned locations.
(o Relocated businesses. For businesses which relocate, signage notifying the
public of a new business location shall be permitted at the old business location for
a period not to exceed ninety (90) days.
(g) Cloud buster balloons. Cloud buster balloons shall be allowed only in
conjunction with a grand opening. Inflatable signs and balloons may be used
provided the following regulations are satisfied:
(1) Not more than one (1) balloon sign shall be allowed on any premises.
(2) Balloon signs shall maintain a setback from any side or rear property
line a minimum distance equal to the height of the balloon.
(3) Balloon signs shall not be placed under any overhead electrical wire.
(4) Balloon signs shall be kept in good repair and remain securely
attached in such a manner to withstand wind loads.
(h) Inflatable device signs (IDS):
Page 14 of 36
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(1) A sign permit shall not be issued to install or display an IDS until a
certificate of occupancy has been issued for the business. A business
can display only one IDS at a time. In the case of multiple businesses
or tenants located on a single lot, the owner of the property on which
the multiple tenancy is located must provide written approval for each
IDS application to ensure that all tenants receive an equal opportunity
to obtain a permit for an IDS since the number of times an IDS can be
displayed is limited. An IDS shall be permitted in addition to the
allowable signage.
(2) An IDS shall not be located in required parking places or in driveways
that provide access to parking spaces or fire lanes, nor shall any IDS or
its securing devices encroach into a right-of-way. IDSs are only
permitted within a nonresidential zoning district.
(3) An IDS shall be secured directly to, and not suspended or floating
from, the ground. An IDS shall not be placed on a roof, canopy, parking
garage, or awning, or suspended or floating from any building or
garage without a variance. The maximum height of an IDS shall not
exceed 30 feet. One banner may be applied to an IDS. A banner
applied to an IDS shall not count toward the allotted number of
banners during a caleridar year. The maximum area of a banner
applied to an IDS shall not exceed 48 square feet. An IDS shall not be
installed within 200 feet from another IDS measured in a straight line
in any direction. Cloud buster balloons, blimps, wind devices or any
similar type of apparatuses are not an IDS.
(4) Inflatable device signs in place and maintained in accordance with the
requirements of this ordinance prior to the effective date of this
section shall be treated as non-conforming signs and shall become
subject to this section only upon their removal.
Sec. 28-10.2. A-frame signs.
(a) A-frame signs are permitted in the Downtown Historic District and within
nonresidential areas, planned developments, or in neighborhood service zoning.
A-frame signs must be located a minimum of three feet from any curb of any
adjacent street, must be placed on a sidewalk or adjacent to a sidewalk, must
provide an unobstructed pedestrian clearance of at least four feet in width, shall
not be placed in any manner to interfere with vehicular traffic or cause a hazard,
shall not be placed in any median, and shall not be placed within a utility or right-
of-way easement.
(b) The maximum area of an A-frame sign is 12 square feet per side or twenty-
four (24) square feet total. The maximum height of an A-frame sign shall be four
Page 15 of 36
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feet and the maximum width is three feet. An A-frame sign shall not be closer than
20 feet to another A-frame sign. A maximum of one A-frame sign may be placed
per business or tenant on the property where the A-frame sign is located.
(c) Double-sided portable signs shall comply with the same regulations as A-
frame signs.
Sec. 28-10.3. Converting a torpedo sign into a permanent ground sign.
(a) A torpedo sign, as defined herein, may be converted to a permanent ground
sign under the following conditions:
(1) The torpedo sign is new or in like-new condition with no mater.ial
defects or exterior damage or deterioration, malfunctioning interior
mechanisms or lighting, or other obvious defects.
(2) The legs or other base support structure are removed from the sign:
(3) Any additions to the top of the sign consisting of arrows or other
features, whether flashing or not, are removed from the sign.
(4) The base of the sign is mounted in a foundation of masonry or brick
intended to give the appearance of a permanent ground sign.
(5) The exterior sides of the sign are framed in either brick, masonry,
wood, or other material so as to provide a cohesive look to the sign
and give the appearance that the sign base, sign sides, and sign top are
all one sign. IVo portions of the sign frame may be visible.
(6) A permanent sign is affixed at the top of the sign indicating the name
of the business.
(b) Torpedo signs shall not be converted to pole signs.
(c) It is the intention of this section that torpedo signs, when converted to
permanent ground signs, should have the appearance of being a fully constructed,
cohesive looking, business sign intended for permanent use.
Page 16 of 36
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Sec.28.11. Billboards.
(a) Where allowed.
(1) Billboards shall be permitted only in areas zoned Light Industrial (LI)
and Heavy Industrial (HI); additionally, no billboard shall be permitted
in areas zoned as scenic or historic overlay.
(2) Billboards may only be placed in areas which are already zoned Light
Industrial (LI) or Heavy Industrial (HI). A request for a zoning change
will not be accepted solely for the purpose of installing a billboard.
(b) Permit requir.ed.
(1) A permit shall be required before any billboard is constructed, located,
moved, or enlarged.
(2) If an applicant for a permit owns four or more existing billboards in
the corporate city limits, fifty (50) percent or more of which are
available for lease at the time of issuance of a permit, a permit will be
denied on the basis of lack of necessity.
(3) If an applicant for a permit owns two or more legally non-conforming
billboards inside the corporate city limits, fifty (50) percent or more of
which are available for lease at the time of issuance of a permit, a
permit will be issued only if one or more of the non-conforming
billboards are permanently removed.
(4) Stamped structural engineering plans shall accompany billboard
permit applications.
(5) For the purposes of this Section, an "Applicant" shall include the
Applicant or any person related to the Applicant within the second
degree by blood or marriage; or in the case of a corporation or other
business entity, Applicant shall include any subsidiary or holding
company of the Applicant or any person or entity that owns or
controls the majority of the stock or controlling interest in the
Applicant.
(c) General provisions.
(1) Billboards shall be constructed in accordance with the requirements
of the International Building Code and Uniform Electrical Code, as
amended.
(2) Billboards shall be maintained in good, safe structural condition.
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(3) No billboard or off-premise sign shall be located on a property without
the written consent of the property's owner or legal representative.
(4) The general area in the vicinity of any billboard shall be kept free and
clear of sign materials, debris, trash, and refuse.
(d) Location of billboards.
(1) No billboard or other off-premise sign shall be permitted on any
property that is located inside Loop 286.
(2) No billboard will be permitted to be constructed within two thousand
(2,000) feet of another billboard. This distance shall be measured from
the closest supporting pole of the existing billboard to the closest
supporting pole of the proposed billboard.
(3) Billboards are not allowed in the street, highway, railroad or other
public right-of-way, or public easement within a designated utility
easement.
(4) No billboard shall be placed closer than ten (10) feet to any electrical
line, measured from any part that is attached to the billboard.
(5) Billboards shall not be placed within five hundred (500) feet of a
permanent on-premise sign.
(6) No part of a billboard shall be located closer than three hundred (300)
feet to any building nor closer than fifteen (15) feet to the right-of-way
for existing streets or highways, and those projected in the city's
thoroughfare plan or the Texas Department of Transportation's 20-
year plan.
(7) No part of a billboard may be located closer than 1,000 feet to any
property zoned or used for residential purposes.
(8) Under no circumstances, shall any portion of a billboard or an off-
premise sign overhang or encroach into the public right-of-way. The
following setback requirements shall apply to billboards and off-
premises signs:
a. Front: A minimum setback of 5' is required from the front lot
line.
b. Side: A minimum setback of 100' is required from the side lot
line.
Page 18 of 36
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c. Rear: A minimum setback of 5' is required from the rear lot line.
(e) Height and size limitations.
(1) A billboard shall maintain a minimum clearance of ten feet measured
from the ground level at the base of the sign to the bottom of the sign
face.
(2) No billboard shall have a surface exceeding 288 square feet in area or
containing less than 15 square feet in area.
(3) No billboard shall be installed, the total height of which is greater than
35 feet above the level of the street or road upon which the sign faces,
or above the natural ground level, if such ground level is above the
street or road level.
(4) The maximum sign area for any one face of a billboard does not
include the base or apron, trim supports, and other structural
elements. Temporary embellishments shall not exceed 20% of the
maximum sign area allowed.
(5) Signs may be back-to-back or double-faced V-type, and multiple-faced
with not more than two faces to each facing (side by side but not
double stacked vertical) however, the maximum surface area of all
faces shall not exceed 288 square feet.
(o Gighting. Illuminated billboards shall be in accordance with Section 28-22
of this Chapter.
(g) Electronic billboards. Signs that contain, include, or are illuminated by any
flashing, intermittent, or moving light or lights are prohibited, except as may be
provided in section 28-24 of this chapter.
(h) Non-conforming structures. Any existing billboard lawfully constructed and
in operation prior to July 28, 2008, which does not meet the requirements hereof,
may be maintained as a legal nonconforming sign; provided however, no non-
conforming billboard may be maintained in such a manner that the sign's degree of
nonconformity is increased. Nonconforming billboards shall also be subject to the
provisions of Section 28-21 of this Chapter.
Sec. 28-12. Temporary structures used for advertising.
Temporary structures, trailers, fences, and barricades placed around
excavations or used during building operations, whether on public or private
Page 19 of 36
. 000113
property, may be used for advertising purposes during the necessary maintenance
of the barricades, so long as their use does not become a public nuisance.
Sec. 28-13. Notification of readiness for inspection.
Immediately after the erection of a signboard, billboard or electric sign, the
building official shall be notified that the sign is ready for inspection.
Sec. 28-14. Inspection by building official.
The building official shall have access to and the right to inspect any and all
signs and billboards, whether installed prior or subsequent to this article, and if he
should find any sign or billboard to be in an unsafe condition he shall immediately
call it to the attention of the owner or other person in charge thereo£ Upon receipt
of such notice from the building official, the owner or person in charge shall have
ten (10) days thereafter to correct such unsafe condition and upon failure to
correct the defect or defects called to his attention by the building official he will
be subject to the penal provision of this Code.
Sec. 28-15. Identification marking required.
All signs shall bear the name of the contractor and date of erection painted
on or otherwise attached to the lower margin of the sign.
Sec. 28-16. Sign contractor's license.
(a) No person shall install, erect, or maintain any sign, nor contract for such
service, until such person has applied to the building official for a license to install,
erect, and maintain signs, and until such license has been approved and issued. The
fee for such license shall be twenty-five dollars ($25.00) per year payable on the
first day of July of each year and an additional fee of ten dollars ($10.00) per year
for each renewal thereof.
(b) The license of any sign contractor may be cancelled by the city council, upon
the recommendation of the building official, when such contractor persistently
violates the requirements of this chapter. Conviction, whether appealed or not, of
three (3) such violations over a period of two (2) calendar years shall constitute
evidence of persistent violation. Any license thus cancelled shall not be renewed
for such contractor or anyone operating his shop until all such violations have
been corrected. Upon correction of the violations, the contractor's license may be
renewed upon furnishing the bond required by section 28-17.
Sec. 28-17. Sign contractor's bond and liability insurance.
No license for the installation, erection and maintenance of signs shall be
issued to any person nor shall any person install, erect, or maintain any sign or
Page 20 of 36
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medium of display or advertising, electric or otherwise, until such person has filed
with the city clerk, a surety bond in the sum of one thousand dollars ($1,000.00).
Such bond shall be approved by the building official and city attorney and shall be
conditioned for the installation and erection of signs in accordance with the
provisions of this Code, ordinances of the City and the laws of the state, and shall
provide for the indemnification of the City for any and all damages or liability
which may accrue against it by reason of faulty installation, erection, demolition,
repair, removal or defects in, or collapse of, any sign for a period of one (1) year
after erection and for such period of time that such sign is maintained or serviced
by or under the direction of the maker of such bond. Such bond shall further
provide for the indemnification of any person, who shall, while upon public
property or in any public place, incur damage for the principal named in the bond
is legally liable. When any sign contractor's license has been cancelled as provided
by section 28-16, such license shall not be renewed until the contractor furnishes
an additional bond in the amount of one thousand dollars ($1,000.00),
guaranteeing compliance with the provisions of this chapter, which bond shall be
for a period of two (2) years following renewal of the license. In addition to the
above bond, each contractor agrees to indemnify, save, keep and hold harmless the
City of Paris, hereinafter referred to as "City", from and against any and all
demands, debts, liabilities, suits, claims and causes of action of every kind and
character whatsoever for damage or injuries to persons and/or property occurring
on the leased premises resulting from licensee, his invitees, agents, servants or
employees' use, and City shall not be liable to licensee, his invitees, agents,
servants, employees or visitors due to the improvements located thereon, or
hereafter constructed, or any other condition of the premises being improperly
constructed, maintained or being or becoming out of repair, licensee hereby
waiving any defects therein and agrees to hold and save City harmless from all
claims for any such damages or injuries, and licensee must at all times during the
term of this agreement, and any extensions thereof, keep and maintain in full force
and effect a policy or policies of insurance, providing at least two hundred fifty
thousand dollars ($250,000.00) per person and five hundred thousand dollars
($500,000.00) for any single occurrence for bodily injury or death and one
hundred thousand dollars ($100,000.00) for any single occurrence for injury to or
destruction of property, indemnifying all persons for any and all damages,
personal injuries or property damages sustained in or upon the premises of said
leased property, or any part thereof, as the result of the negligence of licensee, his
invitees, agents, servants or employees, and shall pay all premiums due thereon
when due. It is expressly provided that such insurance policy or policies shall and
must be written and issued by a reputable insurance company or companies, with
City as an additional insured, subject to approval by the city attorney of the City of
Paris, and licensee or his insurance carrier or carriers shall deliver a copy of any
such policies to the city clerk of the City of Paris, 150 1st S.E. Street, Paris, Texas
75460, or furnish to said city clerk a current letter or certificate from such
company or companies, evidencing the fact that such insurance is in full force and
effect at all times during this lease and any extension thereof and specifically
noting thereon that City is an additional insured. All such policies shall be written
Page 21 of 36
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so that the City will be notified of cancellation or of any restrictive amendment of
the policies at least thirty (30) days prior to the effective date of such cancellation
or amendment. Notice shall be by certified mail, return receipt requested,
addressed to the City at the following address: City clerk, City of Paris, P. 0. Box
9037, Paris, Texas, 75461-9037.
Sec. 28-18. Design.
All signs shall be designed and constructed in accordance with sections
2302.1 through 2302.3 of the Standard Building Code, 1985 Edition, and all
amendments thereto, which is hereby specifically adopted.
Sec. 28-19. Chapter to regulate sign and billboard matters.
Sections 2301 through 2301.10 and 2303.1 through 2304 of the Standard
Building Code, 1985 Edition, *and all amendments thereto, relating to signs and
outdoor displays are in all things, repealed and all matters pertaining to signs and
billboards shall be governed and regulated by this chapter of the Code of
Ordinances of the City.
Sec. 28-20. Erection of sign by owner.
A person may erect his own sign on his own property which advertises his
own business or profession or product manufactured or sold by him without the
necessity of a license or bond, but all other provisions of the Code shall be
complied with including the 'requirement that a sign permit be obtained. The
person erecting the sign shall keep it in a good operating condition and shall
remove it at his expense when requested by the City.
Sec. 28-21. Nonconforming signs; maintenance of existing signs; removal of
signs by city.
(a) Nonconforming signs.
(1) Legal signs existing prior to July 28, 2008, which do not conform to the
provisions of this chapter shall be regarded as nonconforming signs
which may continue to exist until the sign, or a substantial part of it, is
blown down or otherwise destroyed, dismantled, or substantially
altered for any purpose other than maintenance operations or for
changing the letters, symbols, or other matter on the sign.
Nonconforming signs which are structurally altered, relocated, or
replaced at the owner's choice shall comply immediately with all
provisions of this ordinance.
Page 22 of 36
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(2) Any nonconforming sign which has been damaged by fire, wind, or
other cause in excess of 60 percent of its replacement cost shall not be
restored except in conformance with the provisions of this chapter.
(3) If the City Council deems it appropriate to require the relocation,
reconstruction, or removal of a sign within the city limits or the
extraterritorial jurisdiction, then it shall comply with the procedures
set forth in V.T.C.A., Local Government Code, Chapter 216, Subchapter
A.
(b) Abandoned or obsolete signs.
(1) Any sign now or hereafter existing which no longer advertises a bona
fide business conducted or a product sold at said premises, shall be
removed by the owner, agent, or person having the beneficial use of
the building or structure upon which the sign may be found or
associated within twelve (12) months after the said business has been
closed; provided, however, if the premises containing the sign is
leased, such sign shall be removed within twenty-four (24) months
after the most recent tenant ceases to operate on the premises.
(2) The poles/supports for out-of-business signs may be left in place as
long as the poles/supports do not violate safety or electrical codes and
as long as there is reasonable expectation that the poles/supports can
or will be utilized by the next owner, agent, or person occupying the
building. If the sign pole/support is in the right-of way or is a
nonconforming sign structure, it must be completely removed.
(3) All signs, cabinets, and parts to the abandoned or obsolete sign (except
primary poles/supports, if in compliance) shall be removed from the
premises and disposed o£ If the abandoned or obsolete sign or sign
parts are not removed within the time frames stated herein, a code
inspector is hereby authorized to cause removal of such sign, sign
parts, and sign pole/supports if not in compliance. A code inspector
will send notice of this action to the owner, and if owner fails to
respond within a two-week period, the City will have the sign
removed. All expenses incidental to this sign removal shall be paid by
the owner of the land, building, or structure to which the sign is
attached or upon which it is erected.
(c) Removal of unlawful signs. The following signs shall be considered a public
nuisance and are prohibited and, upon written notification by the inspections
division, may be removed from the premises. Said notification shall state that if the
sign is not removed within the same day or next working day if received on a
weekend day of said notification, a citation may be issued. The following signs shall
be governed hereby:
Page 23 of 36
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(1) Any sign erected without a required permit, either prior to or after the
adoption of this chapter.
(2) Any sign erected in violation of the provisions of this chapter.
(3) Any sign erected in or over a public right-of-way, either prior to or after
the adoption of this chapter, except those in the downtown historic
district, as such is defined in the Zoning Ordinance No. 1710. Such
signs may be removed and disposed of as specified in subsections (d)
and (g) hereof.
(d) Removal of hazardous signs. The following signs are a public hazard and can be
removed without notice by the City:
(1) Any sign erected or existing that constitutes a traffic hazard.
(2) Any sign which is dangerous due to being electrically or structurally
defective.
(3) Any sign placed within a public right-of-way or on City-owned
property in violation of this Article.
(e) Maintenance of existing signs. Any person having an interest in a sign for which
a permit is issued under this chapter shall maintain all parts and sign supports of
the sign covered by such permit in good condition to prevent deterioration,
oxidation, rust, and other unsightly conditions. Historic signs shall be exempt;
however, every attempt to protect such signs shall be exhausted. Additionally, the
following provisions shall apply to the maintenance of existing signs:
(1) There shall be no permit required to restore/repair a sign to its original
condition. However, major repair of an existing sign requires a permit.
(2) Every sign in the city, regardless of whether any permit is required for
such sign, shall be maintained in a safe, presentable, and sound
structural and operational condition at all times. Signs not meeting the
standards of good repair shall be subject to repair after written
notification by a code inspector to the sign owner or lessee. If the sign
owner or lessee cannot be notified, the property owner will be notified.
If, in the opinion of the code inspector, a sign has been damaged or is
found to be in such a state of disrepair that it constitutes a hazard to the
health, safety, and welfare of the general public and would require a
Page 24 of 36
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major repair as defined herein, the sign may be removed without prior
notice to the owner or lessee.
(3) All signs, together with all sign supports, braces, guys, and anchors, shall
be kept in repair and, unless of galvanized or noncorroding metal, shall
be thoroughly painted as often as needed to maintain a neat appearance,
meaning lettering or other items are not faded or worn and can clearly
be read by the traveling public.
(4) If, in the opinion of a code inspector, any sign is structurally unsound,
not properly maintained, or is unsightly, and would require a major
repair as defined herein, said inspector will notify owner or lessee to
remedy the problem within ten (10) days. If such order is not complied
with within 10 days, the code inspector may remove such sign at the
expense of the owner or lessee.
(o Recovery of impounded signs. Impounded signs may be recovered by the owner
within 15 days after written notification of impoundment by paying a fee as
follows:
(1) A fee of $5.00 for signs which are 12 square feet or less in area.
(2) A fee of $20.00 for signs which are larger than 12 square feet in area.
(g) Disposal of impounded signs. Signs not recovered within 15 days after written
notification may be disposed of by the City in any manner it shall elect. Unlawful
signs removed from public property, including public rights-of-way, park property,
or other City-maintained areas may be immediately disposed of by the City in any
manner it shall elect.
Sec. 28-22. General provisions.
The following general provisions apply to signs in all zoning districts within
the City of Paris:
(a) Signs in interior of windows. For new and/or existing businesses which are
food or non-food-service establishments, signage is permitted in the interior of
windows without a permit; provided that not more than 30 percent of the
transparent area is occupied at one time.
(b) Illuminated signs. All illuminated signs shall bear the Underwriters'
Laboratories, Inc., label or be built to comply with Underwriters' Laboratories, Inc.,
requirements and shall be in conformance with the 1999 Edition of the National
Page 25 of 36
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Electrical Code, as it may be amended; and the 2000 Edition of the International
Electrical Code, as it may be amended; additionally, illuminated signs shall comply
with the following provisions:
(1) Any light used for the illumination of a sign shall be shielded so that the
beams or rays of light shine directly onto the sign and not into
surrounding areas.
(2) Neither the direct nor the reflected light from any light source shall
create a traffic hazard or distraction to operators of motor vehicles on
public thoroughfares.
(3) External illumination shall be allowed; however, such lighting must
complywith the above subsections 28-22(b)(1) and (b)(2).
(c) Replacement after street construction or other projects. IVon-conforming signs
required to be removed by property owners as a result of street repairs or
construction or other utility projects may not be replaced except to conforming
status.
Sec. 28-23. Multi-use signs.
A multi-use sign which identifies a coordinated development site of more
than one use, such as a shopping center, office center, or industrial park, may have
a sign area not larger than the area allowed for a single-use sign on the site, or a
maximum of 300 square feet. A multi-use sign may contain a directory or listing of
the occupants within a center or multi-use development, provided that the
directory portion of the sign shall not exceed 200 square feet or 75 percent of the
total sign area, whichever is less. If a directory is utilized, the remainder of the
sign area shall contain only the identification of the entire center or entire
development. If a multi-use sign area meets the maximum square footage allowed
for a single use, no detached ground sign is allowed for any single use within the
center or development, or for any use listed in a directory on such sign; instead,
other single uses within the center or development may utilize attached signage
only in accordance with the following provisions:
(1) The total area per face of an attached sign shall not exceed 1 square
foot of face area per front foot of leased or occupied fascia length.
(2) If the leased or occupied fascia length has multiple frontages, an
attached sign may be placed on each frontage in a size not to exceed 1
square foot of face area per front foot of leased or occupied fascia
length; however, signs located on the back of a development shall be
limited to 1 square foot of face area per back foot of leased or occupied
fascia length not to exceed 32 square feet, whichever is smaller.
Page 26 of 36
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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.
(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.
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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
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.
Secs. 28-26--28-35. Reserved.
ARTICLE II. PERMITS
Sec. 28-36. Required generally.
No temporary or permanent sign to be installed or located within the
corporate city limits of the City of Paris, shall be erected, constructed,
reconstructed or placed within the City unless a permit shall have been first
secured from the building official. No permit for the erection of any sign shall be
issued to any person other than those licensed and bonded as provided in this
chapter.
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Sec. 28-37. When permits not required.
The following signs may be erected and maintained under the exceptions
and conditions listed and shall not require a permit, provided all other chapter
provisions are met:
(1) Public signs. Noncommercial signs erected by or at the direction of a
public officer in furtherance of the public interest in the performance
of his public duty.
(2) Public, charitable, educational, or religious signs. Temporary signs
announcing any public, charitable, educational, or religious event or
function may be installed for a period of not more than 21 days prior
to the event and not more than seven days after the event, with a total
sign area of not more than 24 square feet on each sign face. Such
signage is prohibited over the public right-of-way. No fees shall be
charged for such signs.
(3) Integral signs. Names of buildings, dates of erection, monumental
citations, and commemorative tablets which are carved into stone,
concrete, or similar permanent materials and constructed as an
integral part of a structure.
(4) Nameplates. One nameplate per public entrance per business not
exceeding three square feet of sign area per face.
(5) Private signs. Signs not visible beyond the boundaries of the lot or
series of contiguous lots under the same ownership on which they are
located or which are not visible from any public right-of-way.
(5) Garage-sale signs. One garage-sale sign not exceeding four square feet in
sign area for all sign faces which is installed on the lot or series of
contiguous lots under the same ownership on which the garage sale is
located; such sign shall be installed during the days for which the
garage-sale is conducted.
(7) Menu boards. Eating establishments with drive-through service are
permitted two menu board signs per premises, limited to 36 square
feet in area and 6 feet in height.
(8) Window signs. Temporary window signs are exempt from the
provisions of this chapter, providing not more than 30 percent of the
transparent window area is occupied at any one time. Window and
door signage that is intended to be used as the permanent identifying
business signage is not exempt from the permitting requirements.
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(9) Gasoline/service station signage. Signs located beneath a canopy which
do not advertise the premises, including but not limited to the
following information: `Self-Service,"Full Service,"Unleaded Gasoline,'
and `Regular Gasoline,' are exempt. Governmentally mandated signage
and signage contained within the individual pumps are also exempt.
In addition, ten square feet of signage is permitted per side under the
canopy per set of gasoline product dispensers. Signage located
beneath the canopy which is intended to advertise to individuals using
the gasoline product dispensers only, and not intended for
advertisement to the public right-of-way, is exempt. Letters less than
three inches in height shall not be counted as part of the sign
allowance. .
(10) Government flag signs. Allowed, as defined in the definitions in section
28-1, provided that each such sign does not exceed 40 square feet. One
advertisement/identification flag or three government flags are
permitted with a maximum of three such signs per premises.
(11) Political signs. Such signs must contain primarily a political message,
be located on private real property with the consent of the property
owner, and not be located within the public right-of-way.
Additionally, political signs that are smaller than 36 square feet, less
than 8 feet high, not illuminated, and do not have any moving parts do
not require a permit.
(12) Real estate signs. Such signs shall be nonilluminated, shall not exceed
six square feet in area per face, and shall pertain to the sale or lease of
the premises. Subject to the provisions of the city's zoning ordinance,
permits shall not be necessary for temporary signboards or billboards
to be placed on buildings or vacant space, advertising the sale or
renting of such buildings or property on which they are placed, when
such signboards or billboards do not exceed sixty (60).square feet of
area.
(13) Agricultural signs. One sign, advertising agricultural uses, not
exceeding 32 square feet in area and 8 feet in height, shall be allowed
per owner. On large tracts that exceed 0.25 mile of public right-of-way
frontage, said owner may have one sign per 0.25 mile or portion
thereof.
(14) Vehicular signs. Vehicular signs are allowed for the purpose of
identifying a vehicle used for a particular business (i.e., delivery
service, professional and business, construction trailers, etc.).
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(15) Protective signs. The occupant of any premises may erect two
protective signs in accordance with the following provisions:
a. Each sign must not exceed 2 square feet in area.
b. Detached signs must not exceed 2 feet in height.
c. Letters must not exceed 4 inches in height.
(16) Movement-control signs. May be erected at any occupancy or any
premises, other than a single-family or duplex premises, may be
attached or detached and may be erected without limit as to number;
provided that such signs shall comply with all other applicable
requirements of this chapter. The occupant of any premises who
erects a movement-control sign shall comply with the following
requirements:
a. Each sign must not exceed 4 square feet in area and a maximum of
6 feet in height.
b. If a sign is an attached sign, the letters must not exceed 6 inches in
height.
c. Each sign must convey a message which directs vehicular or
pedestrian movement within or onto the premises on which the
sign is located.
d. Not more than 50 percent of such sign may be used for
advertising or identification.
(17) Holiday signs and decorations. Signs and decorations, including
inflatables, containing only holiday messages and no commercial
advertising.
(18) Signs on persons or animals. Hand-held signs or signs, symbols, or
displays on persons or animals.
(19) Flags, or emblems of a government or of a political, civic, philanthropic,
educational or religious organization, when displayed on private
property.
Sec. 28-38. Application.
All applications for permits required by the provisions of this article shall
be accompanied by such plans, specifications, drawings or descriptions as are
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necessary to fully advise the building official as to the location, construction,
weight, materials, and manner of securing of such propose.
Sec. 28-39. Electrical permit required.
Before any permit shall be issued under the provisions of this chapter for an
electric sign, an electrical permit shall be obtained from the building official and
the same shall be wired in accordance with the requirements of the city's electrical
code.
Sec. 28-40. Fees.
For the installation or placement of all signs for which a permit is required
by this chapter, the following schedule of permit fees shall apply:
(1) Up to fifty (50) square feet in area . . . . . . . : . . . . . . . . . . . . . . . . . . . $ 25.00
(2) Fifty-one (51) to one hundred (100) square feet in area $ 50.00
(3) One hundred one (101) to two hundred (200) square feet $ 75.00
in area
(4) Over two hundred (200) square feet in area . . . . . . . . . . . . . . . . . . $100.00
(5) Billboards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00
(6) Variance or Special Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00
Sec. 28-41. Issuance.
If the plans, specifications, drawings and descriptions of the work for which
application for a permit under the provisions of this article are made to conform to
the provisions of this chapter; then the building official shall issue the permit upon
payment of the required fee.
Sec. 28-42. Permit to alter, repair, enlarge, etc.
(a) No sign shall be altered, rebuilt, enlarged, extended, replaced or relocated,
except upon the issuance of a permit by the building official, and all work done
under such permit shall be in conformity with the requirements of this
chapter.
(b) The changing of movable parts of signs which are designed for changing, or the
repainting of display matter, or the repairing of damaged neon tubing while a
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sign is in place shall not be deemed to be alterations, for the purpose of this
section.
(c) The fee for a permit under this section shall be the same as prescribed by
section 28-40.
(d) If the work authorized by a permit issued under the provisions of this chapter
has not been completed within 180 days after the date of issuance of the
certificate of occupancy or the issuance of a sign permit, whichever is later, the
permit shall become null and void.
Sec. 28-43. Specific use permit.
A sign permitted to be constructed upon the issuance of a specific use
permit shall only be issued a permit after the application for such permit has been
submitted to the specific use board composed of the mayor or his designated
representative, the chairman of the planning and zoning commission, the city
engineer, the traffic safety coordinator and the director of community
development.
Sec. 28-44. Appeals, variances and special exceptions.
(a) Compliance with state law. The Board of Adjustment ("Board") is authorized to
hear all appeals, variances, and special exceptions brought under this chapter in
accordance with powers, rules, and procedures applicable to the Board of
Adjustment in Section 16 of Zoning Ordinance No. 1710 and V.T.C.A., Local
Government Code, Chapter 211.
(b) Duties. The Board of Adjustment shall have the following duties:
(1) To hear and decide an appeal that alleges error in an order,
requirement, decision, or determination made by an administrative
official in the enforcement of this chapter.
(2) To hear and decide special exceptions to the terms of this chapter when
this chapter requires the Board to do so.
(3) To hear and decide requests for variances to the regulations of this
chapter.
(c) Appeals. Appeals to the Board:
(1) Appeals may be brought by any person aggrieved by a decision of the
administrative official in the enforcement of this chapter, or by any
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officer, department or board of the municipality affected by the
decision of the administrative officer.
(2) The appeals shall proceed and be governed as all other appeals to the
Board of Adjustment.
(d) Variances to the sign regulations:
(1) Any person requesting a variance from the provisions of the sign
regulations shall submit an application on a form provided by the city,
containing the information and plans requested in the application,
along with a$100.00 non-refundable processing fee. Payment of the
processing fee does not take the place of or eliminate the permit fee if
the request for a variance or exception is approved.
(2) The Board shall act upon the variance request within a reasonable
time. IVotice of the hearing on the variance request shall be given in
the same manner as other appeals to the Board.
(3) The Board may grant a variance from a requirement of this chapter if
it finds that all of the following factors exist:
a. Due to some unique condition or feature of the property which is
not generally common to other properties, literal compliance with
the sign ordinance would cause unnecessary hardship;
b. The granting of the variance will not violate the spirit or the intent
of the sign ordinance; and
c. The condition or feature which creates the need for the variance
did not result from the property owners' own actions.
(4) The Board shall not grant a variance to any applicant solely for
personal convenience, financial hardship, or other reasons unrelated
to the property. If the Board grants a variance, the variance shall be
granted only to the extent that it is reasonably necessary to remedy
the hardship. The Board may impose conditions relating to the use of
the sign for which a variance is granted.
(5) All decisions of the Board granting or refusing a variance shall be
reduced to writing and signed by the chairperson. If a variance is
denied, the decision shall state the conditions for the variance which
were not met. If the board grants a variance, the decision shall state
that all conditions for a variance were met, specify the degree to which
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the regulations are being varied, and be signed by the members voting
in favor of the variance.
(e) Special exceptions. The Board may grant a special exception from the
provisions of this chapter for the setback or height of a sign, other than a portable
sign, under the following circumstances:
(1) Visibility obstructions. When fifty (50) percent or more of the effective
area of a sign to be located in accordance with the setback or height
requirements of this article would not be visible from at least one (1)
`visibility point' because of an existing building, structure, or the
natural ground.
As used herein, `visibility point' shall mean the viewing locations, at a
height of six (6) feet, determined by extending the side yard setback
lines of the property so as to intersect the curb line of the public street
fronting the property, then measuring from the intersecting points
along the curb line away from the property in each direction for a
distance on one hundred (100) feet. If the street fronting the property
is one-way, the visibility point in the direction from which traffic
approaches the property shall be used to determine the visibility
requirement.
(2) Medical emergency signs. When signs located on the property of an
emergency medical treatment facility would not, because of the
setback or height requirements of this article, be readily visible from
adjacent public streets. For purposes of this provision, `emergency medical treatment facility'
shall mean any hospital, clinic, or other facility where medical aid is
offered to a person or animal which suffers an injury or illness that
requires immediate medical attention.
(3) In granting a special exception, the board shall specify by written
order the setback or the height that will be allowed, but in doing so
shall not allow deviation from the provisions of this chapter beyond
what is minimally necessary to remedy the situation allowing for the
special exception.
(o Judicial review of board decisions. Appeals from any decision of the Board under
this chapter may be made in accordance with the provisions applicable to all other
appeals of the Board of Adjustment" and in accordance with chapter 211 of the
Texas Local Government Code.
Section 3. 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
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of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4. 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 5. 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 6. 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 Section 1-6 of
the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the
above-enumerated sections shall constitute and be deemed a separate offense.
Section 7. That this ordinance shall become effective immediately upon its passage.
DULY PASSED AND ADOPTED this 28th 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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