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86-024 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 26 1/2 OF SAID CODE ORDINANCE N0. 86-024 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDEB BY REVISING CHAPTER 262 OF SAID CODE; PROVIDING FOR THE REGULATION OF SIGNS WITHIN THE CITY OF PARIS; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF QRDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR A.N EFFECTIVE DATE OF AUGUST l, 1986. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY UF PARIS: Section 1. That Chapter 262 of the Code of Ordinances of the City of Paris, Paris, Texas, be amended so that such shall read as follows: "Chapter 262 - SIGNS AND BILLBOARDS ARTICLE I. In General Sec. 26 2-1. Def initions For the purposes of this chapter, the following words arid phrases shall have the meanings respectively ascribed: Alcoholic bevera e si ns. Any sign advertising alcoholic everages must not exceed 4 square feet. Banner signs. Any sign made of canvas or other cloth with or without framework. Billboard. Any flat surface covered with wood or metal erected on framework on open space, or attached to posts, buildings, or other structures and used for the display of bills, posters and other advertising matters posted, tacked or painted thereon. Blinking si ns. Any sign that has intermittent o and on lights of any color. Dilapidated si...&ns. Signs that do not meet the standards described in this ordinance. Electric si n. Any sign, the letters or designs o w ich 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. Ground signs. Signs that are built so that there are no open spaces between the ground and the sign. Historically significant signs. The Historic Landmark Preservation Commission, the committee charged with protecting historical districts, may nominate signs located in such districts as historically significant signs. , Nuisance si n. Any sign or billboard which annoys an isturbs one in possession of his property, rendering its ordinary use or occupation physically uncomfortable to him. Open signs. Any sign constructed of open metal work 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 8 feet of clearance from the ground to the bottom of the frame of the sign. Real Estate sign. Any sign advertising property -or sale, lease or rent of temporary construction. Sign. Any device or surface on which letters, illustrations, designs, figures or any symbols are painted, printed, stamped, raised or in any manner outlined and used for advertising purposes. Sk si n. Any sign or billboard supported or attache w olly or in part over or above any wall, building or structure. 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. Te_m_parary sign. Shall include all torpedo signs, a-frame signs, real estate signs and political signs as herein defined. Tor edo si n. Signs that are of the portable type that can e moved from location to location, usually exhibiting flashing lights or changeable messages. Sec. 262-2. Weight af signs. No sign that projects over public space shall have a greater weight than 1500 pounds. Sec. 262-3. Construction of electric signs. All electric signs must comply with section 11-93 of Code of Ordinances, City of Paris. All electric signs, within the fire limits, shall have a structural framework of iron, steel or other metal substance of equal strength and the body and other parts of such sign shall be of noninflammable material throughout. No threaded pipe or threaded pipe fittings will be permittPd zn any framework or standards for signs. The sign shall be of such strength as may be approved by the City Inspector with advice of City Engineer. Sec. 262-4. Sign supports. All sign supports, brackets, guys, turn- buckles, bolts, anchors and fastenings shall be figured strong enough to safely hold and support all loads arid other stresses which may come upon them. Signs shall be supported and guyed with steel angles, chains, standard cables, or wire. Guys shall be on the property upon which the sign is located or shall be covered by an agree- ment with the property owner upon which it is located. Chain supports shall have welded links of not less than 3/16 inch diameter. 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. All cable, wire, brackets, strap iron, turnbuckles, anchors, bolts, and all other supports shall be galvanized or given two heavy coats of protective noncorrosive paint. Sec. 26Z-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. 262-6. 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. 262-7. Sky signs. Any sign erected upon or above the roof of any building shall have a maximum height to be determined by the city inspector. Sky signs are banned except by special use permit. Existing sky signs in the downtown area are allowed to remain, but no new sky signs will be allowed to be erected in the downtown area. When erected on flat roofs, there shall be maintained a 3 foot passageway around the ends of the sign and between its lower edge and the roof. Sec. 262-8. Location and heights. No sign projecting over a sidewalk or other public space shall be so hung that the lowest point will be less than 8 feet above the sidewalk or ground level under the sign, and no sign shall extend any closer than 2 feet of the curb line. No sign shall project over any street right of way with the exception of the downtown area where the same is necessary. 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 7 2 feet. Al1 signs must be supported from a support on private property. No supports or obstruction will be permitted on sidewalk or public space. Al1 signs in alleys prohibited where signs project over public space. No sign erected above the second story of any building or multiple dwelling, shall extend beyond the walls of the building more than 2 feet, or be so spaced as to obstruct any window or means of exit above the second floor of the building. No sign shall be larger than 12'x25' inside the Loop, which is a standard size billboard. No sign shall be larger than 10'x40' adjacent to Loop 286 or adjacent to any Farm to Market, Texas or United States highway outside of Loop 286. No billboard will be permitted to be constructed within 500 feet of another billboard. No billboard will be allowed inside Loop 286 except in areas zoned Light Industrial, Heavy Industrial and Planned Development. They will be permitted in Commercial and General Retail areas with a specific use permit only. No billboard will be allowed outside Loop 286 except adjacent to Farm to Market, Texas and United States highways. Sec. 262-9. Prohibited signs. (a) Cloth and banner si ns. No person, partnership, irm or corporation s all 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 other- wise prohibited by law, provided the flag or emblem, when suspended over a street, or public space, are securely fastened to the supporting cable by one edge only, and be allowed to swing free and further provided that permission to display the flags or emblems has been obtained from the city inspector. The supporting cable shall be of sufficient strength and anchored so as to meet the approval of the city inspector. The city inspector may grant a temporary suspension of the second paragraph of this section at such times as they may deem expedient on special occasions, or while festivals, or cele- brations are being held. (b) Blinkin signs. Every blinking sign which can e a istraction to motorists or is a disturbance or nuisance to the occupants of adjoining property is prohibited. (c) Dilapidated si ns. Signs which display a message or copy t at has become faded, torn or advertises a business which is no longer in operation. The awner of the sign shall have 30 days in which to remove or repair such signs. (d) Ground signs. The size of ground signs shall be limited to one square foot per front foot of property upon which the same is placed. However, under no circumstances shall such sign exceed 300 feet. No ground sign shall be erected within 20 feet of any residence. (e) Hazardous s--i&-ns. No sign which constitutes a azar to vehicular traffic shall be placed in the City of Paris. (f) Historicall si nificant si ns. The Historic Lan mar 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 a historically significant sign. (g) Movable si ns barber oles, etc. No movable signs, ar er po es, etc., s a e p aced on any public space. (h) Nuisance signs. No sign shall be placed in such a manner as to constitute a nuisance as that term is defined herein. (i) Pole signs. The size of pole signs shall be limited to one square foot per front foot of property upon which the same is placed. However, under no circumstances shall such sign exceed 300 feet. No pole sign shall be erected within 20 feet of any residence. (j) Political signs. No political sign, other than billboards, will be permitted more than sixty days before an election nor more than ten days after an election. No political sign will be permitted upon public property. No political sign will be permitted upon private property without permission from the owner of such private property first being obtained. No political sign of a size larger than 576 square inches shall be permitted without a sign permit. (k) Real Estate si ns. No person, partnership or irm s a p ace or allow a real estate sign bearing its name to be placed upon the street right of way at any time. A real estate sign no larger than 2' 9" x 2' 6" and of a height not to exceed 4' shall not be placed upon the property of another unless such real estate firm has in its possession written permission from said owner. Real estate signs larger than 2' 9" x 2' 6" and 4' in height shall not be pZaced or permitted to be placed upon the property of another unless such property is listed by the real estate firm whose name is depicted upon said sign. Upon the termination of written permission or a listing agreement, the real estate firm shall have ten days in which to remove its sign. Thereafter, such firm would be in violation of this chapter. (1) Swin in si ns. Every sign shall be rigidly hung so t at it will not swing or vibrate in a strong wind. (m) Tem orar si ns. Unless otherwise specifical y regulated herein, a temporary sign shall not exceed a height of 3 feet. An exception would be temporary signs informing the public of the contractors and sub-contractors of construction sites where they will be allowed with a limitation on size to a maximum of 4' x 8', other than names on equipment which is excepted. (n) Tarpedo signs. Signs that are of the portable type that can be moved from location to location, usually exhibiting flashing lights or changeable messages. No torpedo sign shall be permitted in the City of Paris on or after January 1, 1987. All torpedo signs must be covered by a valid sign permit which will expire on December 31, 1986. (o) Wooden si ns. No wooden signs shall be attached to or astened flat against the wall of any building, or hung in any other manner, inside the fire limits. Sec. 262-10. Billboards and ground signs-Location. No billboard or ground sign shall be erected in or project over any street or alley right of way, or public space. No billboard or ground sign shall be erected within 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. No billboard or ground sign shall be closer than 6 feet to any building, nor to the side of any lot, nor closer than 15 feet to any curb line; furthermore, in all cases where the front line of any building within 50 feet of the billboard is more than 15 feet from the curb line, then the billboard shall not be nearer to the curb line than the front line of the building is from the curb line. This section shall not apply where adjoining lots are used for business purposes, nor where 2/3rds of the buildings within 300 feet of the location on the same side of the street and within the same block are used for business purposes; provided that there are three or more buildings within the prescribed area used for business purposes. Sec. 262-11. Same-Construction. No billboard or ground sign constructed of wood or other combustible material shall be erected in the fire limits nor within 50 feet of any frame building, nor within 25 feet of any building having unprotected openings in the wall on the side nearest the billboard, provided, however, that posts arid braces supporting a ground sign, and the skeleton frame of a billboard not exceeding 15 feet in height above the curb level, may be wood; and there may also be a wood mouldings or border, not over 8 inches wide around the edge of such structure. The lower edge of every such billboard shall be not less than 3 feet above the ground, and the space between the lower edge of the billboard and the ground shall be left open or may be closed with lattice work which leaves at least 50% of the space open. Sec. 262-12. Temporary structures used for advertising. Temporary structures, trailers, fences, and barricades placed around excavations or used during building operations, whether on public or private 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. 262-13. Inspection. Immediately after the erection of a signboard, billboard or electric sign, the building inspector shall be notified that the sign is ready for inspection. Sec. 262-14. Inspection by city inspector. The city inspector 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 thereof. Upon receipt of such notice from the city inspector, the owner or person in charge shall have 10 days thereafter to correct such unsafe condition and upon failure to correct the defect or defects called to his attention by the city inspector he will be subject to the penal provision of this Code. Sec. 262-15. 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. 262-16. Sign contractor's license. No person shall install, erect, or maintain any sign, nor contract for such service, until such person has applied to the building inspector 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 $25.00 per year payable on the first day of July of each year and an additional fee of $10.00 per year for each renewal thereof. The license of any sign contractor may be cancelled by the city council, upon the recommendation of the building inspector, when such contractor persistently violates the requirements of this chapter. Conviction, whether appealed or not of 3 such violations over a period of 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 26 2-17 . Sec. 262-17. Sign contractor's bond and liability irisurance. 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 medium of display or advertising, electric or otherwise, until such person has filed with the city clerk, a surety bond in the sum of $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 year after erecrion 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 which the principal named in the bond is legally liable. When any sign contractor's license has been cancelled as provided by section 262-16, such license shall not be renewed until the contractor furnishes an additional bond in the amount of $1,000.00, guaranteeing compliance with the provisions of this chapter, which bond shall be for a period of two years following renewal of the license. In addition to the above bond, each contractor shall carry public liabiZity insurance in a company to be approved the city attorney with minimum limits as follows: $100,000.00 each person, $300,000.00 each accident or occasion for bodily injury and $100,000.00 for property damage arising out of any one accident or occasion. Sec. 262-18. Design. Al1 signs shall be designed and constructed in accordance with Section 2302.1 of the Standard Building Code, 1984 edition, and all amendments thereto, which is hereby specifically adopted. Sec. 262-19. Chapter to regulate sign and billboard matters. Sections 2301 through 2304 of the Standard Building Code, 1984 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 Chapter 262 of the Code of Ordinances of the City of Paris, Texas. Sec. 262-20. Erection of sign by owner. Any person may erect his own signs with his regular employees wh.ich advertise 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. 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. 262-21. Removal of Nonconforming Signs. (a) Signs erected prior to July l, 1986, and do not conform to the requirements of ths chapter, are illegal signs under this and prior sign control ordinances if a permit was required for its erection. (b) All signs legally erected pursuant to a valid permit or legally maintained prior to July l, 1986, which do not conform to the provisions of this section shall be removed or relocated so as to conform with the requirements of this section within five (5) years. (c) Where a sign in a former "Zoning District" has been made nonconforming because of the change of that zone, then that sign must be brought into conformity immediately or removed. (d) No nonconforming sign shall be repaired or renovated at a cost in excess of 35% of the replacement cost of the total sign structure, unless said sign is brought into conformity with this section. No nonconforming sign shall be repaired or renovated where the effect of such repair or renovation shall be to enlarge or increase the structure of the nonconforming sign. For the purposes of this subsection, normal maintenance shall riot be considered to be repair or renovation. (e) Where any legally erected sign is made nonconforming as a result of: (1) the adoption of any amendment to this section; or (2) any amendment to the Zoning Ordinance; or (3) the acquisition of public right-of-way; or (4) the redesignation of public streets in accordance with the ordinances of the City of Paris as amended; or (5) the dedication of a public park; or (6) any other legislative actiori of the City Council of the City of Paris, the sign shall be removed, relocated, or altered so as to conform to the requirements of this section or to the Zoning Ordinance within five (5) years of the date of the above listed action. (f) It shall be unlawful to maintain any sign erected without a valid permit where a permit was required for the erection of the sign according to the law in effect at the time the sign was erected. It is a defense to prosecution under this subsection if the sign is made to comply with the provisions of this section and a permit has been obtained. (g) In the event that a sign becomes a nonconforming sign, or must be removed for the public convenience, the owner of such sign may apply for reimbursement for 20% of the original cost of said sign if the sign is at least 4 years old but less than 5 years old; 40% if the sign is 3 years old but less than 4 years old; 60% if the sign is 2 years old but less than 3 years old; 80% if the sign is one year old but less than 2 years old and 90% if the sign is less than one year old. The owner desiring reimbursement must be able to verify his original cost to the satisfaction of the Director of Finance of the City of Paris in arder to receive any reimbursement. Secs. 262-22--262-25. Reserved. ARTICLE II. PERMITS Sec. 262-26. Required. No signboard, billboard, or electric sign on any building or on the ground, except as otherwise provided for herein, shall be erected or reconstructed within the city unless a permit shall have been first secured from the city inspector. 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. Sec. 262-27. Permits not required. Subject to the provision 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 60 square feet of area. Sec. 262-28. Application. All applications for permits required by the provisions of this article shall be accompanied by such plans, specifications, drawings or descriptions as are necessary to fully advise the city inspector as to the location, construction, weight, materials, and manner of securing of such proposed signboard, billboard or electrical sign. Sec. 262-29. Electrical permit required. Before any permit shall be issued under the provisions of this chapter for an electric sign, an Plectrical permit shall be obtained from the city electrical inspector, and the same shall be wired in accordance with the requirements of the city's electrical code. Sec. 26 2-30 . Fees. For the erection of all signs for which a permit is required by this section, the following schedule of permit fees shali apply: (1) Signs 36 square feet in area and less, $15.00. (2) Signs exceeding 36 square feet in area, $25.00. Sec. 262-31. Issuance. If the plans, specifications, drawings and descriptions of the work for which application for a permit under the provisions of this article is made to conform to the provisions of this chapter, then the city inspection shall issue the permit upon payment of the required fee. Sec. 262-32. Permit to altPr, repair, enlarge, etc. No sign shall be altered, rebuilt, erilarged, extended, replaced or relocated, except upon the issuance of a permit by the building inspector, and all work done under such permit shall be in conformity with the requirements of this chapter. Signs which have been erected in conformance with this chapter and with the zoning ordinance, and which have been damaged by windstorm or other natural causes, may be repaired without first securing a permit. 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 sign is in place shall not be deemed to be alterations, for the purpose of this section. The fee for a permit under this section shall " be the same as prescribed by section 262-30. Section 2. Any person violating any of the provisions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00, and each and every day's continuance of any violation of the above enumerated section shall constitute and be deemed a separate offense. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. This ordinance shall become effective on August l, 1986. Passed and adopted this 14th day of July, 1986. r; r ~ r a ` : . , . _ , /'.-"~,lS/~.~"~~1~. r- ~ B i 11?;~.`Qe Burne t t, Mayor ATTEST: Mattie Cunning am, Cit Cler APPROVED AS 0 FORM: / T. K. Haynes, City Attorney