2014-002 Amending Chapter 28, Signs and Billboards, of the Code of Ordinances providing for regulations applicable to temporary signs, billboards and administrative issuesORDINANCE NO. 2014 -002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING AND REPLACING CHAPTER 28, SIGNS AND BILLBOARDS, OF
THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING
RULES AND REGULATIONS APPLICABLE TO ON PREMISES SIGNS, OFF
PREMISES SIGNS, BILLBOARDS, ELECTRONIC SIGNS, TEMPORARY SIGNS
AND BANNERS; 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, on February 11, 2013, the City Council of the City of Paris created a sign
review committee composed of representatives from local sign contractors, City Council and
City staff to review all city sign regulations and propose revisions to the sign ordinance; and
WHEREAS, on January 13, 2014, following eleven months of meetings, work
sessions, drafts and redrafts of the new City Sign Ordinance, the members of the sign
committee presented its findings to the City Council along with a new sign and billboard
ordinance for the City of Paris, Texas; and
WHEREAS, the City Council directed that the proposed sign regulations be posted on
the City website for review and comment by local businesses, sign contractors and citizens;
and
WHEREAS, the City Council having reviewed the recommendations and proposed
regulations from the sign committee hereby finds and determines that the new regulations
and procedures proposed for Chapter 28, Signs and Billboards of the Code of Ordinances of
the City of Paris, Texas are in the best interest of the City of Paris, Texas 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 City of Paris, Texas Code of
Ordinances 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 GENERAL
Sec. 28 -1. Purpose and Intent.
The purpose of this article is to encourage the most appropriate use of signs, to promote
the health, safety, and general welfare and to protect and enhance the attractiveness of the
City of Paris.
Sec. 28 -2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
as set forth below. Where terms are not defined in this section and are defined in other
sections of this chapter, such terms shall have the meanings as defined in those sections.
Where terms are not defined this chapter, such terms shall have ordinarily accepted
meanings such as the context implies.
A frame sign. A temporary sign made of two panels of corrosion resistant material
connected at the top by hinges or similar devices; 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.
Animated. Designed or programmed so as to seem alive and moving employing visible
moving parts, changing images, or changing colors.
Attached sign. Any sign attached to, applied on or supported by any part of a building.
Banner sign. 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 faces 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 cut out, neon or plastic letters, clock,
electric device, or an 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 least 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. Any structure used or intended for supporting or sheltering any use or occupancy.
Building code. The building code as adopted and amended in Chapter 7 of the Code of
Ordinances, City of Paris, Paris, Texas.
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 30
(thirty) feet into the sky by a cord, rope, string, wire, or other similar material.
Coordinated development sign. A detached sign which identifies multiple uses located on
one or more contiguous lots within the same subdivision.
Detached sign. A sign which is not supported by any portion of a building, and is
independently supported by and anchored to the ground.
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Dilapidated signs. Signs that do not meet the standards described in this chapter.
Downtown Historic District. All properties that are zoned in the Downtown Historical
Overlay District as established by Ordinance No. 2003 -023 and subsequent revisions.
Electric sign. Any sign activated or illuminated by means of electrical energy.
Electrical code. The electrical code as adopted and amended in Chapters 7 and 11 of the
Code of Ordinances, City of Paris, Paris, Texas.
Electronic sign. 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.
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 thirty (30) feet in height. A wind - device sign shall not be
considered an IDS.
Major repair. Any repair 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. Verification of the percentage of damage will
be supplied by the applicant to the building official, 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.
Menu board. A sign used to inform the public of the list of dishes, foods, or entrees available
in a restaurant and may 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.
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NIT. A measurement of light luminance equal to 1 candela per square meter (cd /mz)
Nuisance sign. 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 dilapidated.
Off- premise sign. 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 shall not be considered off - premise signs:
(1) Directional or government signs authorized by law.
(2) Real estate signs.
(3) On- premise signs.
(4) Coordinated development signs as defined herein.
Political sign. A temporary 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.
Searchlight. Any apparatus capable of projecting a beam or beams of light.
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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' shall 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 one or more geometric shapes which fully contains all
extremities of the sign, exclusive of its supports. The measurement is to be calculated from
the viewpoint which gives the largest sign area 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.
Sign height. Unless otherwise provided in this chapter, the overall height of a detached sign
or sign structure as measured at 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.
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 attached to or painted on a vehicle 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. Government flag signs shall not
be considered wind device signs.
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Sec. 28 -3. Prohibited Signage.
(a) No sign shall be erected or placed within, or project over any public sidewalk, street,
alley, right -of -way, or other public place except as permitted in Article II of this chapter.
(b) No sign erected above the second story of any building 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.
(c) No sign having a height greater than three (3) feet above the level of the center of the
nearest abutting street shall 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. The city engineer may require additional sight
distances to be maintained where specific conditions render such provisions necessary
to provide for the public health and safety.
(d) No sign of any kind shall be placed 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.
(e) Sky signs are prohibited except as provided in Article II of this chapter.
(f) Except as permitted in Article II of this chapter and Chapter 24, Article II.- Special Events
of the Code of Ordinances, no sign shall suspend or project over or across any street,
alley or other public space or portion thereof for any purpose whatsoever.
(g) Abandoned or obsolete signs as defined in this chapter are prohibited. Such signs shall
be removed in accordance with the provisions of Sec. 28 -10 of this chapter.
(h) No sign shall be placed or maintained in such a manner as to constitute a nuisance as
that term is defined herein.
(i) Temporary or portable signs, except as permitted in Sec. 28 -5, are prohibited.
(j) Torpedo signs shall be prohibited, except as permitted in Sec. 28 -5.
(k) No person shall attach or maintain any sign upon any tree, shrub, fence post, public
utility pole, traffic control device, or public building.
(1) No person shall place, attach, or maintain any sign on vacant lots or abandoned
buildings. However, on premise real estate signs shall be permitted.
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(m) No person shall place or maintain any off - premise sign other than a billboard as
regulated herein.
(n) No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or
signs which create the illusion of movement shall be permitted.
(o) 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 are prohibited.
(p) Any sign not specifically allowed under this chapter is hereby prohibited.
(q) No sign shall be erected or placed 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.
Sec. 28 -4. Permanent signs.
(a) Attached signs.
(1) Attached signs shall not extend above the roofline of the building or more than
twelve (12) inches from the building wall. Where the building fascia is not
vertical, the bottom of such sign shall not project more than twelve (12) inches
from the fascia and the sign can be oriented in a vertical manner.
(2) The sign area of attached signs shall be limited to one and one -half (1 -1/2)
square feet per linear foot of the building fascia upon which the same is placed,
or thirty two (32) square feet whichever is greater. If the lot on which the
building is located has multiple right -of -way frontages, each building fascia with
street frontage shall be counted for purposes of determining attached sign area.
Said signage shall be distributed on the sides of the building where facing
directly adjacent to the public right -of -way. Attached signs are allowed on sides
of the building not adjacent to the public right -of -way not to exceed thirty two
(32) square feet in sign area.
(3) For a multi -use building such as a shopping center, office center, or industrial
center, the total sign area of attached signs shall be calculated on the leased or
occupied fascia length. The sign area for such attached signs shall be limited to
one and one -half (1 -1/2) square feet per linear foot of the leased or occupied
fascia length.
(4) Additional signage is permitted on windows, provided that not more than 30
percent of the transparent area of the windows is occupied at one time.
Page 8 of 31
(b) Detached signs.
(1) No detached sign shall be closer than six (6) feet to any building or property line, or
closer than fifteen (15) feet to any curb line.
(2) The sign area of detached signs shall be limited to one and one -half (1 -1/2) square feet
per front foot of property upon which the same is placed. If the property on which the
sign is located has multiple right -of -way frontages, each street frontage shall be counted
for purposes of determining detached sign area. A property shall be permitted more
than one detached sign, provided no sign shall exceed three hundred (300) square feet
in sign area. Signs on the same property or coordinated development shall be a
minimum of one hundred (100) feet apart.
(3) Detached signs shall not exceed thirty (30) feet in height above the highest
adjacent roadway surface.
(4) The total sign area of a coordinated development sign shall be calculated on the
combined street frontages of the lots.
(5) Torpedo signs shall not be used as or converted to permanent signs.
(c) Electronic Signs.
(1) An electronic sign that meets all other requirements of this chapter, and other
regulations of the City of Paris, may be located in a nonresidential zoning district
and on school or church property in any zoning district, subject to the this
section.
(2) 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. Electronic signs shall be programmed or
equipped so that the intensity of its display shall automatically adjust according
to natural ambient light conditions. The maximum night time luminance level
shall not exceed seven - hundred fifty (750) cd /mz (NITS).
(3) The message or picture conveyed by an electronic sign shall not blink, flash, or
be animated; the message or picture conveyed shall not change more frequently
than once every eight (8) seconds; and a change of message must occur
simultaneous on the entire sign face. The transition time between messages shall
not exceed three (3) seconds.
(4) All electronic sign faces shall be limited to a maximum sign area and a maximum
sign height as provided for other permanent signs in this section.
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(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) All power to an electronic sign shall be supplied underground and shall be
installed in accordance with the electrical code.
(d) Planned Development Districts. If a property is located within a planned development district,
all signs on such property may be reviewed and approved in accordance with Appendix C of the
Code of Ordinances as part of the planned development ordinance and shall not be limited in
the total sign area and sign height provided in this section. Signs not reviewed and approved as
part of a planned development ordinance shall comply with this chapter.
Sec. 28 -5. Temporary or Portable Signs.
Temporary signs shall be permitted subject to the following guidelines:
(a) In general.
(1) A Temporary or portable sign shall not be used in place of, or converted to, a
permanently installed sign.
(2) Banners with a total sign area no larger than fifty (50) square feet are permitted
for a maximum time period of thirty (30) consecutive days up to 5 times per
calendar year per business. Other temporary sign types are permitted for a
maximum time period of thirty (30) consecutive days up to two times per
calendar year per business. Not more than one cloud buster balloon shall be
allowed on any premises.
(3) A construction site for which a building permit or other approval has been
obtained shall be permitted 1 temporary construction sign per street frontage.
Such signs shall be limited to a maximum sign area of thirty two (32) square feet,
and a maximum sign height of eight (8) feet. Temporary construction signs shall
be removed upon issuance of a certificate of occupancy.
(4) A development project containing two or more lots for which a plat or other
development approval has been obtained shall be permitted one temporary
development sign. For developments less than five acres, one development sign
not exceeding thirty -two (32) square feet in sign area and 8 feet in sign height
shall be permitted. For developments five or more acres, one development sign
not exceeding two hundred (200) square feet in sign area and fifteen (15) feet in
sign height shall be permitted. Temporary development signs shall be removed
upon substantial completion of the development.
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(5) Temporary signs shall not be located within or obstruct required off - street
parking, fire lanes, driveways, or areas which create a safety hazard to vehicular
or pedestrian traffic.
(6) 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) A grand- opening sign or banner shall be allowed in addition to other allowable signage
for a maximum time period of thirty (30) consecutive days upon issuance of a
certificate of occupancy. A permit shall be obtained for such signage, but no fee shall be
applicable. Such signage shall not exceed fifty (50) square feet in sign area.
(c) Banners and wind device signs are permitted on light standards and poles. Such signage
shall not exceed thirty (30) square feet in sign area per light standard or pole and shall
not be strung or affixed in any manner other than from brackets on single poles. Light
standards, poles and brackets shall be listed or otherwise designed and approved to
support such wind device signs.
(d) For businesses which relocate, a sign 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. Such sign shall not exceed thirty two (32) square feet in sign area.
(e) A -frame signs are permitted in the Downtown Historic District in accordance with
Article II of this chapter; and within nonresidential areas, planned developments, or in
neighborhood service zoning in accordance with this section.
(1) 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 note placed in-any manner ta4nterfere 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.
(2) The maximum sign area of an A -frame sign is twelve (12) square feet per
side or twenty -four (24) square feet total. The maximum sign height of an
A -frame sign shall be four (4) feet and the maximum width is three (3) feet.
An A -frame sign shall not be closer than twenty (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.
(f) 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, so long as their use does not become a public nuisance.
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Sec. 28- 6. Billboards.
(a) Where allowed.
(1) Billboards shall be permitted in areas zoned Light Industrial (LI) and Heavy
Industrial (HI). A request for a zoning change shall not be accepted solely for
the purpose of installing a billboard. No billboard shall be permitted in areas
zoned as scenic or historic overlay.
(2) Billboards shall only be permitted on a building site, building tract, or
building lot created in accordance with Appendix C of the Code of
Ordinances.
(b) Permit, registration and inspection required.
(1) No billboard shall be constructed, relocated or altered except in accordance
with this chapter. A permit shall be required in accordance with Sec. 28.30 of
this chapter before any billboard is constructed, relocated, or altered.
(2) All new and existing billboards shall be registered annually, upon change of
ownership, and after relocation or alteration. Fees for such registrations shall
be in accordance with Sec. 28 -33 of this chapter. Billboards for which a
current outdoor advertising sign permit has been issued by the Texas
Department of Transportation be shall registered as required herein, but
shall not be subject to an annual registration fee.
(3) Billboards shall be maintained in accordance with Sec. 28 -10 of this chapter
and shall be inspected by the building official annually, upon change of
ownership, and as provided in Sec. 28 -9 of this chapter.
(c) General provisions.
(1) Billboards shall be designed by a Texas Registered Professional Engineer and
constructed in accordance with Sec. 28 -9 of this chapter.
(2) Billboards shall be maintained in accordance with Sec. 28.10 (e) of this
chapter.
(3) No billboard 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.
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(d) Location of billboards.
(1) No billboard shall be permitted on any property that is located inside Loop
286.
(2) No billboard shall be permitted 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) No billboard shall be erected or placed within, or project over any public
sidewalk, street, alley, right -of -way, or other public place.
(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) Except as provided herein, billboards shall not be placed within five hundred
(500) feet of other permanent signs.
(6) Billboards shall be located a minimum distance from any property line,
building or structure equal to the overall height of the billboard.
(7) No part of a billboard shall be located closer than one thousand (1,000) feet
to any property zoned or used for residential purposes, nor closer than three
hundred (300) feet to any hotel, motel, nursing home, or other property used
for sleeping or lodging purposes.
(8) No portion of a billboard shall be located closer than fifteen (1S) feet to the
right -of -way for existing streets or highways, or those projected in the City's
thoroughfare plan.
(e) Height and size limitations.
(1) A billboard shall maintain a minimum clearance of ten (10) feet measured
from the ground level at the base of the sign to the bottom of the sign face.
(2) Billboards shall be permitted to be back -to -back, double- faced, V -type, or
multiple -faced with not more than two signs per facing. The maximum sign
area of each facing shall not exceed three hundred (300) square feet.
(3) No billboard shall be installed, the total height of which is greater than fifty
(50) 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.
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(4) The maximum sign area of a billboard shall not include the base or apron,
trim supports, and other structural elements. Temporary embellishments
shall not exceed twenty (20) per cent of the maximum sign area allowed.
(f) Lighting. Illuminated billboards shall be in accordance with Sec. 28 -9 of this chapter.
(g) Electronic billboards. Billboards that are illuminated by any flashing, intermittent, or
moving light or lights are prohibited, except as permitted in Sec. 28 -4 (c) of this chapter.
(h) Nonconforming structures. Nonconforming billboards shall be subject to the provisions
of Sec. 28 -10 of this chapter.
Sec. 28 -7. 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 fifty dollars ($50.00) for the initial year and an additional fee of
twenty -five dollars ($25.00) 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 liability insurance
as required by Sec. 28 -8.
(c) Installation of sign by owner. Signs, except off - premise signs, may be installed by a
property owner or business owner which advertises the business, profession or
product manufactured or sold on the same premises without a sign contractor's license
or liability insurance, but all other provisions of this chapter shall be complied with
including the requirement that a sign permit be obtained.
(d) Electric signs. Installation, repair, or maintenance of electrical devices and wiring for
electric signs shall be installed by a state - licensed electric contractor or a state - licensed
electrical sign contractor registered with the City of Paris.
Sec. 28 -8. Sign Contractor's Liability Insurance.
All sign contractors shall provide to the building official a copy of their general liability
policy or a valid certificate of insurance. The insurance policy or certificate of insurance
shall:
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(a) be written by an insurer authorized to write commercial liability policies in the State of
Texas or an eligible surplus lines insurer, as defined by Section 981.002, Insurance
Code;
(b) provide for commercial general liability insurance for the sign contractor for a claim for
property damage or bodily injury, regardless of whether the claim arises from
negligence or on a contract; and
(c) provide coverage of not less than $300,000 per occurrence and $500,000 aggregate.
Sec. 28 -9. Design, Construction, and Inspection.
(a) All signs and sign structures shall be designed, constructed, and inspected in
accordance with this section.
(b) Signs and sign structures shall be designed and constructed to comply with the
provisions of the building code for use of materials, loads and stresses to withstand a
wind pressure of 30 pounds per square.
(c) Electrical devices and wiring shall be installed in accordance with the requirements of
the electrical code. No open spark or flame shall be used for any purpose. All power to
detached signs shall be supplied underground. No sign electrical system shall be
energized until inspected and approved by the building official.
(d) 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.
(e) It shall be the duty of the holder of the permit or their duly authorized agent to notify
the building official when work is ready for inspection and to provide access to and
means for inspections of such work that are required by this code.
(f) Any portions that do not comply with this chapter shall be corrected and shall not be
covered or concealed until authorized by the building official. Signs and sign structures
which have not been inspected and approved by the building official shall be considered
nuisance signs as defined in this chapter.
Page 15 of 31
Sec. 28 -10. Nonconforming Signs; Maintenance of Existing Signs; Removal of Signs by
City.
(a) Nonconforming signs.
(1) Legal signs existing prior to the effective date of this ordinance, 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
with all provisions of this ordinance.
(2) Any nonconforming sign which has been damaged by fire, wind, or other
cause in excess of sixty (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 or 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 the
building official determines that the poles or supports can be utilized by the
next owner, agent, or person occupying the building. If the sign pole or
support is in the right -of -way or is a nonconforming sign structure, it must be
completely removed.
(3) Except as provided in Sec. 28 -10 (b) (2), all signs, cabinets, and parts to the
abandoned or obsolete sign shall be removed from the premises and
disposed of. If the abandoned or obsolete sign or sign parts are not removed
Page 16 of 31
within the time frames stated herein, the building official is hereby
authorized to cause removal of such sign, sign parts, and sign pole or
supports. The building official shall send notice of this action to the owner,
and if owner fails to respond within fourteen (14) days, the building official
shall be authorized to 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 building official, shall 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:
(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 as provided in Article II of this chapter. Such
signs may be removed and disposed of as specified in this section.
(d) Removal of hazardous signs. The following signs are a public hazard and can be
removed without notice by the building official:
(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 chapter.
(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. 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.
Page 17 of 31
(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 the building
official 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 building
official, 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 major repair as defined herein, the sign may be
removed without prior notice to the owner or lessee. If such order is not
complied with within 10 days, the building official may remove such sign at
the expense of 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 corrosive - resistant 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.
(f) 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 $10.00 for signs which are twelve (12) square feet or less in sign
area.
(2) A fee of $25.00 for signs which are larger than twelve (12) square feet in sign
area.
(g) Disposal of impounded signs. Signs not recovered within fifteen (15) days after written
notification may be disposed of by the building official in any lawful manner. 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 building official in
any lawful manner.
(h) Replacement after street construction or other projects. Non - conforming on premise
signs required to be removed by property owners as a result of street repairs, utility
projects, or other right -of -way construction shall be permitted to be relocated on the
site to a location approved by the building official. Off- premise signs, except billboards,
required to be removed by property owners as a result of street repairs, utility projects,
or other right of way construction shall not be replaced. Billboards shall be permitted to
be reconstructed in accordance with this chapter.
Secs. 28 -11 through 28 -15. Reserved.
Page 18 of 31
ARTICLE II. Downtown Historic District
Sec. 28 -16. Purpose and Objective.
(a) The purpose of this section is to regulate the construction of new signs and alterations
to existing signs to ensure consistency with the historic, urban, pedestrian- oriented
nature of this district, and the dense, compact development absent in other areas of the
city. Where there is a conflict between this article and other articles of this chapter, this
article shall be applicable.
(b) The objective of this article is to ensure:
(1) That new signage is appropriate to the architectural design and historical
significance of the building and the district, and
(2) That signs do not visually obscure significant architectural features of a
building or the district in general.
Sec. 28 -17. Compatibility with Building Architecture.
Signs shall be designed to be compatible with the architectural composition of the building
and the district and not obscure any architectural accent, pattern, or object on the original
structure.
Sec. 28 -18. Sign Area.
(a) The total area of all signs shall not exceed one (1) square foot per linear foot of store
frontage for each facade, for a total of no more than fifty (50) square feet. If the facade's
proportions support additional signage, the Historic Preservation Commission may
approve additional sign area.
(b) When computing the area of a sign, the measurement shall include the area enclosed by
one or more geometric shapes which fully contains all extremities of the sign, exclusive
of its supports. The measurement is to be calculated from the viewpoint which gives the
largest sign area 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.
(c) The total allowable sign area for signs with more than one (1) sign face, such as
double -faced and back -to -back signs, shall be calculated based on the largest sign face.
Sec. 28 -19. Sign Materials.
Sign finish materials shall be one of the following:
(1) Painted, vinyl- coated, or enameled metal;
Page 19 of 31
(2) Carved relief in stone or cast stone; and
(3) Wood or carved wood which is painted or sealed.
Sec. 28 -20. Lighting of Signs.
(a) Electrical devices and wiring shall be installed in accordance with the requirements of
the electrical code. No open spark or flame shall be used for any purpose. All power to
detached signs shall be supplied underground. No sign electrical system shall be
energized until inspected and approved by the building official.
(b) 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.
Sec. 28 -21. Historic Signs.
(a) Historic signs, as designated in accordance with Chapter 7, Article VII of the Code of
Ordinances, shall not be calculated in the number or area of allowed signs for the
purposes of this ordinance.
(b) Murals. A mural is a painting located on the side or rear of a building which reflects a
cultural, historic or environmental event or subject matter related to the City of Paris.
- Murals shall be considered historic signs and designated in accordance with this
section. An accurate color rendering of any proposed mural shall be presented to the
Historic Preservation Commission for consideration.
Sec. 28 -22. Signs Allowed/ Prohibited.
(a) The following signs shall be allowed in the Downtown Historic District:
(1) All signs specifically permitted in this article.
(2) Development or construction signs.
(3) Real estate signs.
Page 20 of 31
(b) The following signs are prohibited in the Downtown Historic District:
(1) Any sign not specifically permitted by this article is prohibited;
(2) Any sign that flashes, blinks, revolves, or is put into motion by the
atmosphere;
(3) Portable signs, except for A -frame signs;
(4) Billboards, cloud buster balloons, inflatable device signs and pole signs;
(5) Roof - mounted signs and sky signs, except for landmark signs or those
approved by the Historic Preservation Commission; and
(6) Advertising benches.
(c) Any sign abandoned for more than six (6) months or damaged beyond sixty (60)
percent of its replacement value shall be removed in accordance with Sec. 28 -10, along
with their supports, brackets and braces. Any sign removal that will permanently
damage the exterior of a historic structure shall be exempt from this section. Such sign
shall be inspected and exception shall be deemed necessary once verified by the
Historic Preservation Officer.
Sec. 28 -23. Permanent Signs.
(a) Wall Signs.
(1) Wall signs shall be permitted to be attached to, supported by or painted on a
building facade.
(2) A wall sign attached to or supported by a building facade shall be parallel to
the building facade and shall not extend above the wall to which it is
attached. Attached wall signs shall not project more than six (6) inches from
the building facade. A minimum clearance of eight (8) feet shall be
maintained below signs that are located over a pedestrian walkway,
measured from the walkway surface to the lowest part of the sign.
(b) Window Signs. Window signs covering not more than thirty (30) per cent of any
window area shall be included in the total allowable sign area and shall not require a
certificate of appropriateness.
(c) Directory Signs. On multi- tenant buildings where there are two or more tenants without
direct outside access to a public street, a directory sign shall be allowed. One directory
sign per street face shall be permitted. A directory sign shall be permitted as a blade
Page 21 of 31
sign or a wall sign and shall not exceed a maximum sign area of ten (10) square feet
Directory signs shall not be included in the total allowable sign area.
(d) Blade Signs. A blade sign is an attached sign which is installed perpendicular to the
building facade. Blade signs shall comply with this section.
(1) Blade signs shall not exceed twenty four (24) square feet in sign area. The
height of a blade sign structure shall not exceed six (6) feet, and such signs
shall not extend more than four (4) feet from the building facade.
(2) A blade sign placed adjacent to a public right -of -way shall not encroach on
the sight visibility triangle. The leading edge of such signs shall be no closer
than eight (8) feet from the curb line.
(3) A minimum clearance of eight (8) feet shall be maintained below signs that
are located over a pedestrian walkway, measured from the walkway surface
to the lowest part of the sign.
(4) The total allowable sign area for signs with more than one (1) sign face, such
as double -faced and back -to -back signs shall be calculated based on the
largest sign face.
(e) Awning and Canopy Signs. Signs shall be permitted under an awning or canopy in
accordance with this section.
(1) The maximum height of signs installed under an awning or canopy shall be
twelve (12) inches. The overall width of such signs shall be a minimum of one
(1) foot less than the overall width of the awning or canopy.
(2) The leading edge of such signs shall be no closer than twenty -four (24)
inches from the curb line. A minimum clearance of eight (8) feet shall be
maintained below signs that are located over a pedestrian walkway,
measured from the walkway surface to the lowest part of the sign.
(3) The total allowable sign area for signs with more than one (1) sign face, such
as double -faced and back -to -back signs shall be calculated based on the
largest sign face.
Sec. 28 -24. Temporary Signs.
(a) A frame Signs. A -frame signs shall be permitted in the Downtown Historic District in
accordance with this section.
Page 22 of 31
(1) A -frame signs shall not be included in the total allowable sign area and shall
not require a certificate of appropriateness. Such sign shall require a permit
in accordance with Article III of this chapter.
(2) A -frame signs must be set back at least three (3) feet from any adjacent
street; shall be permitted on the sidewalk immediately adjacent to the
related business; shall provide an unobstructed pedestrian clearance of at
least four (4) feet in width; and shall not be placed in any manner to interfere
with vehicular traffic or cause a hazard.
(3) The maximum sign area of an A -frame sign is twelve (12) square feet per
side, or twenty -four (24) square feet total. The maximum height of an
A -frame sign shall be four (4) feet and the maximum width is three (3) feet.
An A -frame sign shall not be closer than twenty (20) feet to another A -frame
sign.
(4) A maximum of one A -frame sign shall be permitted per business or tenant,
and shall only be displayed during operating hours of the related business.
(b) Banner Signs. Banner Signs shall be permitted in the Downtown Historic District and
shall not require a certificate of appropriateness. One (1) banner sign with a sign area
no larger than fifty (50) square feet is permitted for a maximum time period of thirty
(30) consecutive days up to 5 times per calendar year per building.
(c) Holiday Signs. Holiday signs and decorations installed on private property and
containing only holiday messages and no commercial advertising shall be exempt from
this article. Such signs and decorations shall be maintained in accordance with Sec.
28 -10 and shall be removed no later than thirty (30) days after the holiday.
(d) Temporary Event Signs. Signs and decorations in conjunction with an approved
temporary event shall be permitted no more than two (2) weeks prior to the event and
shall be removed no later than three (3) business days after the event. Installation of
such signs and decorations shall be subject to the following:
(1) No signs, decorations, or other matter shall be attached to any monument or
structure designated as an historic landmark;
(2) Signs and decorations located within or projecting over any public
right -of -way shall be approved by the City Engineer.
(3) Signs and decorations located within or projecting over any city owned park,
open space, or other city owned property shall be approved by the Director
of Public Works and the Director of Community Development.
Page 23 of 31
(4) Signs and decorations shall not obstruct any building exit, or cause
hazardous conditions for vehicles and pedestrians; and
(5) Such signs and decorations shall be maintained in accordance with Sec.
28 -10.
Sec. 28 -25. Miscellaneous Signs.
(a) Informational and Movement Control Signs. Informational and movement control signs
no larger than two (2) square feet in sign area and containing no commercial
advertising are exempt from this article. Such signs shall be maintained in accordance
with Sec. 28 -10 of this chapter.
(b) Flags. 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 shall be permitted and shall not be included in the total allowable sign area
and shall not require a certificate of appropriateness.
Sec. 28 -26. Permit and Approval.
(a) A Certificate of Appropriateness shall be obtained in accordance with Chapter 7, Article
VII of the Code of Ordinances prior to the issuance of any sign permit. The certificate of
appropriateness review and sign permit review process may be conducted
simultaneously.
(b) Except as provided in this article, no temporary or permanent sign shall be erected,
constructed, reconstructed or relocated unless a permit shall have been first secured
from the building official.
(c) All signs shall be designed, constructed and inspected in accordance with Sec. 28 -9 of
this chapter.
Secs. 28 -27 through 28 -29. Reserved.
ARTICLE III. PERMITS
Sec. 28 -30. Required Generally.
No temporary or permanent sign or billboard to be installed or located within the
corporate city limits of the City of Paris, shall be erected, constructed, reconstructed,
relocated or placed within the City unless a permit shall have been first secured from the
building official.
Page 24 of 31
Sec. 28 -31. When permits not required.
The following signs may be erected and maintained under the exceptions and conditions
listed and shall not require a permit and no fees shall be charged for such signs, 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 30 days prior to the event and
not more than seven days after the event, with a total sign area of not more
than twenty four (24) square feet on each sign face. Such signage is
prohibited over the public right -of -way.
(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 on which they are located or which are not visible from any
public right -of -way.
(6) Garage sale signs. Garage sales conducted in accordance with Chapter 15 of
the Code of Ordinances may be identified by one sign not exceeding four (4)
square feet in sign area for all sign faces which is installed on the lot or series
of contiguous lots on which the garage sale is located; such sign shall be
installed only 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 thirty six (36)
square feet in sign area and six (6) feet in sign height.
(8) Window signs. Window signs provided not more than thirty (30) percent of
the transparent area of the storefront is covered at any one time.
(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
Page 25 of 31
Gasoline,' are exempt. Governmentally mandated signage and signage
contained within the individual pumps are also exempt. In addition, ten
(10) 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 (3) inches in height shall not be counted as
part of the sign allowance.
(10) Government flag signs. Government flag signs as defined herein when
displayed on private property.
(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. Political signs must conform to
state law as to when they can be placed and removed before and after an
election date.
(12) Real estate signs. Such signs shall not be illuminated, shall not exceed six (6)
square feet in sign area per face, and shall pertain to the sale or lease of the
premises on which the sign is located.
(13) Agricultural signs. One sign, advertising agricultural uses, not exceeding
thirty two (32) square feet in sign area and eight (8) feet in sign 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 bona fide business purpose (i.e., delivery service,
professional and business, construction trailers, etc.). The vehicle shall be
operable and currently registered and licensed to operate on public streets.
(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 sign area.
b. Detached signs must not exceed 2 feet in sign 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
Page 26 of 31
and may be erected without limit as to number; provided that such signs
shall comply with all other applicable requirements of this chapter. Such sign
shall comply with the following requirements:
a. Each sign must not exceed 4 square feet in area and a maximum of six
(6) feet in sign height.
b. Each sign must convey a message which directs vehicular or pedestrian
movement within or onto the premises on which the sign is located.
c. Not more than fifty (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.
Sec. 28 -32. 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
building official as to the location, construction, weight, materials, and manner of securing
of such proposed sign.
Sec. 28 -33. Fees.
For the installation, placement, or registration of all signs for which a permit is
required by this chapter, the following schedule of fees shall apply:
(1) Up to fifty (50) square feet in area .-. -.____________ --------- _-------------------------------- $25.00
(2) Fifty -one (S I) to one hundred (100) square feet in area --------------------- $50.00
(3) One hundred one (101) to two hundred (200) square feet in area .___$75.00
(4) Over two hundred (200) square feet in area __________ ___ __________________________ __ $100.00
(5) Billboards (New or altered) ________________________________________ _____________________ ___ _ _ _ _ __ _$500.00
(6) Billboard annual registration _________________ ___ _________________ _ ------------------------------
100.00
(7) Variance ------------------------------------------------------------------------------------------------ - - - - -- $100.00
(8) Variance -------------------- - - - - -- -- $100.00
Page 27 of 31
Sec. 28 -34. 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 registration of the sign
contractor and payment of the required fee.
Sec. 28 -35. Permit to alter, repair, enlarge, etc.
(a) Except as provided in this chapter, 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 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 Sec. 28 -40.
(d) If the work authorized by a permit issued under the provisions of this chapter has not
been completed within one hundred eighty (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. The building official is authorized to grant one or more
extensions of time, for periods not more than one hundred eighty (180) days each.
Sec. 28 -36. Appeals, Variances and Special Exceptions.
(a) Deviation of maximum sign area and sign height. The maximum sign area and sign
height may be increased by a maximum of twenty (20) percent with prior approval by
the building official. Deviations in excess of twenty (20) percent shall be subject to the
approval of The Board of Adjustment as provided in the section.
(b) 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 Chapter 211, Texas Local Government Code.
(c) 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.
Page 28 of 31
(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.
(d) Appeals. Appeals to the Board:
(1) Appeals may be brought by any person aggrieved by a decision of the
building official in the enforcement of this chapter, or by any 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.
(e) 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.
Notice 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
Page 29 of 31
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 the regulations are being varied, and
be signed by the members voting in favor of the variance.
(f) 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.
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(g) 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 of the City of Paris, Texas 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.
PASSED AND ADOPTED this 27th day of J
AT T EST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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