07-A Moratorium on Signs
DRAFT
F:ORDWORK\CURREN1\ Moratorium Ordinance - 8-8-05
August 2, 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 D ECLARIN G AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, fmds 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,
and Ordinance No. 2005-031, adopted July 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
and thirty (30) days respectively, subject to further extensions and subject to a variance process
established therein; and,
WHEREAS, the City Council deems it appropriate to again 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 <-) 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, billboards, torpedo signs, and electric signs within the city
limits of the city of Paris; 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, 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 <-) 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;
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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 8th day of August, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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