06-D Moratorium-Signs Ord
DRAFT
F:ATTORNEY\ORDWORK\CURRENT\ Moratorium Ordinance - 7-05
July 5, 2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, EXTENDING THE SUSPENSION OF THE ISSUANCE OF
PERMITS FOR AND EXTENDING THE IMPOSITION OF A
MORATORIUM ON THE ERECTION, RECONSTRUCTION, AND
PLACEMENT OF GROUND SIGNS, POLE SIGNS, SIGNBOARDS,
BILLBOARDS, TORPEDO SIGNS, AND ELECTRIC SIGNS, WITHIN THE
CITY LIMITS OF THE CITY OF PARIS; ESTABLISHING A DURATION
FOR SAID EXTENDED MORATORIUM AND SUSPENSION; AFFIRMING
THE PREPARATION OF A NEW ORDINANCE REGULATING SIGNS AND
BILLBOARDS WITHIN THE CITY LIMITS OF THE CITY OF PARIS;
PROVIDING A VARIANCE AND APPEAL PROCESS; PROVIDING FOR A
PENALTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS,
the City Council of the City of Paris, Paris, Texas, finds and determines that the
sign regulations of the City of Paris, as contained in Chapter 28 of the Code of Ordinances, were
originally codified in 1970 and have not been substantially reviewed or revised since 1986; and,
WHEREAS,
the City Council finds and determines that the State and Federal laws and
regulations related to signs and billboards have substantially changed since the City’s sign regulations
were reviewed and revised; and,
WHEREAS,
the City Council finds and determines that the desires and needs of the
community and the citizens of the city of Paris with regard to the regulation of signs and billboards
have likewise changed and matured since the City’s sign regulations were reviewed and revised; and,
WHEREAS,
The City Council, by prior Ordinance No. 2005-015, adopted April 11, 2005,
temporarily suspended the issuance of permits for and imposed a moratorium on the construction of
signs for a period of sixty (60) days, subject to further extensions and subject to a variance process
established therein; and,
WHEREAS,
the City Council deems it appropriate to extend the suspension of the issuance
of permits for and to extend the imposition of a moratorium on the erection, reconstruction, and
placement of ground signs, pole signs, signboards of all kinds, billboards, torpedo signs, and electric
signs, whether on buildings or on the ground, requiring a permit or not, for an additional thirty (30)
days to allow further review and public comment regarding the development of new regulations
applicable to the erection, reconstruction, and placement of ground signs, pole signs, signboards,
NOW,
billboards, torpedo signs, and electric signs within the city limits of the city of Paris;
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, from and after the effective date of this ordinance, the issuance of permits
for the erection, reconstruction, or placement of ground signs, pole signs, signboards of all kinds,
billboards, torpedo signs, or electric signs, on buildings or on the ground, within the city limits of the
City of Paris, Texas, which require the issuance of such permits under Chapter 28 of the Code of
Ordinances of the City of Paris incident to their erection, reconstruction, or placement, shall be and
is hereby continued to be suspended, and a moratorium is hereby continued to be imposed prohibiting
the erection, reconstruction, or placement of ground signs, pole signs, signboards of all kinds,
billboards, torpedo signs, or electric signs, on buildings or on the ground, whether requiring a permit
or not, within the city limits of the city of Paris for the period of time specified herein.
Section 3.
That the duration of the suspension of the issuance of permits for, and the
moratorium prohibiting the erection, reconstruction, or placement of ground signs, pole signs,
signboards of all kinds, billboards, torpedo signs, or electric signs, as imposed by Section 2 of this
ordinance, shall be for an additional period of thirty (30) days following the effective date of this
ordinance, or for a greater or shorter duration as subsequently provided by further action of the City
Council of the City of Paris.
Section 4.
That the City Manager, City Attorney, and the City staff shall be and are hereby
instructed during the pendency of the suspension of the issuance of permits and the moratorium herein
imposed, to develop and propose new regulations for the future erection, reconstruction, and
placement of ground signs, pole signs, signboards of all kinds, billboards, torpedo signs, electric
signs, and all other signs within the city limits of the city of Paris, and to present said regulations to
the City Council for their consideration and adoption.
Section 5.
That this ordinance shall not be construed to prevent the erection or placement
of political signs, approved cloth or banner signs, real estate signs, or signs associated with the sale
of real estate.
Section 6.
That there is hereby established an appeal and variance process from the
provisions of Section 2 of this ordinance dealing with suspension of permits and a moratorium. The
City Manager or his designee shall be, and he is hereby authorized to receive an application for a
variance from any person or entity desiring to erect, reconstruct, or place a 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 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 the receipt of a complete application, the City Manager or his designee shall render a
decision within three (3) 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 within three (3) calendar days of the date the applicant is
notified of the City Manager’s or 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 7.
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 any violation of this ordinance shall continue shall constitute a separate offense.
Section 8.
That this ordinance shall be effective from and after its date of passage and
publication as required by law.
PASSED, APPROVED, AND ADOPTED
this 11th day of July, 2005.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Janice Ellis, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney