Loading...
2017-002 - Amending Chapter 22, Mobile Homes and Mobile Home Parks, Amending Zoning Ordinance No. 1710ORDINANCE NO. 2017 -002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 22, "MOBILE HOMES AND MOBILE HOME PARKS," OF THE CODE OF ORDINANCES; AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTION 8, "USE OF LAND AND BUILDINGS," AND BY AMENDING SECTION 22, "GENERAL DEFINITIONS;" PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957, and 1965; and WHEREAS, additional amendments were added to Zoning Ordinance No. 1710 (April 12, 1965) during 1971 through 1987 and 2012 and in 2016; and WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not, in certain instances, reflect current and appropriate American zoning practice; and WHEREAS, the City of Paris staff and officials desire to partially update and amend portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and development of the City of Paris, Texas; and WHEREAS, on December 5, 2016, the Paris Planning and Zoning Commission discussed the Paris Zoning Ordinance amendments and Paris Code of Ordinance amendments regarding the deletions, modifications, and addition of certain requirements related to mobile homes and manufactured housing as described herein and supported same; and WHEREAS, said deletions, modifications, and the addition of certain inclusions are necessary to update and address U.S. Housing and Urban Development (HUD) requirements; and WHEREAS, the City of Paris officials wish to assign new zoning district locations for manufactured housing, for the purpose of consolidating their location, and to optimize single- family zones as traditional single - family residential districts; and WHEREAS, on January 3, 2017, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments to the City Zoning Ordinance and Chapter 22 of City Code of Ordinances and 1 following said hearing, made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, on January 9, 2017, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments to the City Zoning Ordinance and the City Code of Ordinances, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid amendments would be consistent with the City Zoning Ordinance and the City Code of Ordinances, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of 7 ayes and 0 nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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 22 of the Code of Ordinances, currently titled "Mobile Homes and Mobile Home Parks," be, and the same is hereby renamed "Manufactured Homes and Manufactured Home Parks," and Article I thereof, "General Provisions," is hereby amended to read as set forth in full as follows: "Chapter 22 - MANUFACTURED HOMES AND MANUFACTURED HOME PARKS "ARTICLE I. GENERAL PROVISIONS "Sec. 22 -1. - Definitions. "Unless otherwise indicated to the contrary, the following definitions shall apply in the interpretation of this chapter: "Manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and, in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet. A manufactured home includes the plumbing, heating, air conditioning, and electrical systems of the home and does not include a recreational vehicle as defined by 24 C.F.R Section 3282.8(g). In the case of regulations relating to "manufactured home parks" and "manufactured home subdivisions," the term shall also include mobile homes as defined herein. 2 "Mobile home means a structure constructed before June 15, 1976; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet. A mobile home includes the plumbing, heating, air conditioning, and electrical systems of the home. "Manufactured home park means a manufactured home parks conforming to Article III. Manufactured Home Parks, where multiple manufactured homes and mobile homes are placed on a single lot approved under the City's subdivision regulations. "Manufactured home subdivision means development where manufactured homes and mobile homes are placed on individual lots approved under the City's subdivision regulations. "Modular Housing or Industrialized Housing is a residential structure that is designed for the occupancy of one or more families; constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system. Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems. "Industrialized housing does not include: a residential structure that exceeds three stories or 49 feet in height; housing constructed of a sectional or panelized system that does not use a modular component; or a ready -built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location. "Natural or artificial barrier means any river, pond, canal, railroad, levee, embankment, fence or hedge. Fences shall be constructed with solid panels and shall be of a minimum height of six (6) feet and of a maximum height of eight (8) feet. A hedge shall be a minimum of six (6) feet in height. "Cross reference— Definitions and rules of construction generally, § 1 -3. Tex.Occ.Code Secs. 1201.003, 2102.002. "Sec. 22 -2. -- Permitted location of manufactured homes and mobile homes. "No mobile home or manufactured home shall be located within the City except within a manufactured home park or a manufactured home subdivision as permitted in the City of Paris Zoning Ordinance. Freestanding mobile homes and 3 manufactured homes are prohibited. Mobile homes and manufactured homes located in the City as of January 9, 2017 shall be considered as legal nonconforming uses and shall be regulated as set forth in Section 15, 'Nonconforming Uses and Structures,' of the City of Paris Zoning Ordinance. "Sec. 22 -3. - Parking of mobile homes, manufactured home, modular housing or industrialized housing on streets or other public places prohibited. "It shall be unlawful for any person to park any mobile home, manufactured home, modular housing or industrialized housing of any kind on any street, alley, highway or other public place within the City. "Cross reference— Parking of vehicles generally, § 31 -81 et seq. "Sec. 22 -4 Penalty "Violations of this Chapter shall be subject to the penalty provisions of City of Paris Code of Ordinances Sec. 1 -6, 'General penalty; continuing violations.' "Secs. 22- 5- 22 -20. - Reserved." Section 3. That Section 22 -21, "Definitions," of Chapter 22, Article II, "Regulations for Special Vehicles," of the Code of Ordinances be, and the same is hereby amended to read as set forth in full as follows: "Sec. 22 -21 Definitions "Special vehicle as used herein shall include, but is not limited to: a motor home, bus, travel trailer, camper trailer, fifth wheel trailer, utility trailer, horse or livestock trailer, boat, golf cart, all- terrain vehicle (ATV), utility vehicle, camper shell or other similar vehicle or trailer not otherwise defined in Article I of this Chapter." Section 4. That Chapter 22, Article III of the Code of Ordinances, currently titled "Mobile Home Parks and Mobile Home Subdivisions" be, and the same is hereby renamed "Manufactured Home Parks and Manufactured Home Subdivisions," and is hereby amended to read as set forth in full as follows: "ARTICLE III. - MANUFACTURED HOME PARKS AND MANUFACTURED HOME SUBDIVISIONS "DIVISION 1. - MANUFACTURED HOME PARKS GENERALLY "Sec. 22 -41. - Location of boundaries with respect to residential buildings. 4 "Each boundary of a manufactured home park must be at least two hundred (200) feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier. "Sec. 22 -42. - Drainage. "A complete grading and drainage plan is required for each manufactured home park. This plan will show existing and proposed contours, including those on adjacent properties, and finished floor with pad elevations (Elevations tied to local, current National Geodetic Survey (NGS) monuments for Paris, Texas); will show a drainage area map and drainage calculations (pre and post development); and will show all existing and proposed drainage structures and contours. "Cross reference— General prohibition against stagnant water, § 17 -21. "Sec. 22 -43. - Manufactured home spaces generally. "Manufactured home spaces shall be provided in every manufactured home park, which spaces shall consist of a minimum of two thousand (2,000) square feet for each space. Each space shall be at least thirty -four (34) feet wide and clearly defined. Each manufactured home space must be provided with paved vehicle parking in accordance with the Paris Zoning Ordinance Sec. 10 -103, "Off- Street Parking and Loading Space Requirements," as shall from time to time be amended. "Sec. 22 -44. - Location of manufactured homes with respect to each other and to buildings, property lines and Right -of -Way lines. "Manufactured homes located in a manufactured home park shall be located so that there shall be at least twenty (20) feet of clearance between manufactured homes. No manufactured home shall be located closer than twenty (20) feet from any building within the park or from any property line bounding the park nor closer than twenty -five (25) feet from the boundary line of any public street Right -of -Way. Only one (1) manufactured home is allowed per space within the manufactured home park. "Sec. 22 -45. - Driveways. "All mobile home spaces in a mobile home park shall abut upon a driveway of not less than twenty -five (25) feet in width, which shall have unobstructed access to a public street or highway. All driveways shall be hard surfaced, well- marked in the daytime, and lighted at night. The minimum quality of such driveway surfacing shall be asphalt or concrete to be approved by the city engineer. "Sec. 22 -46. - Electrical Service. 5 "All spaces in a manufactured home park must have an electrical meter base. "Cross reference— Electrical code, § 11 -91. "Sec. 22 -47. - Water and sewer connections for manufactured homes. "Each manufactured home park shall provide permanent water and sewer connections to all manufactured homes. Each manufactured home space shall be provided with a sewer at least four (4) inches in diameter which shall be connected to receive the waste The sewer in each manufactured home space shall be connected to discharge the manufactured home waste into the public sewer system in compliance with applicable ordinances. All water and sewer services on site will be maintained by the property owner. "Cross reference— Water, sewers and sewage disposal, Ch. 34. "Sec. 22 -48. - Direct hookup sanitation facilities required. "Each manufactured home space shall be provided with direct hookup sanitary sewer facilities only. "Sec. 22 -49. - Maintenance generally. "Every person owning or operating a manufactured home park shall maintain such park, and any facilities, paving, fixtures and permanent equipment in connection therewith, in a clean and sanitary condition and shall maintain such equipment in a state of good repair, and shall provide for the regular cleaning, painting and repairing of all buildings in such park. "Sec. 22 -50. - Office required. "Each manufactured home park shall have an office with a phone and address. The office may be either on the premises of the manufactured home park or off of the premises. "Sec. 22 -51. - Management generally. "(a) Each manufactured home park shall be under the direct management of the owner or his agent or representative, for whose acts the owner shall be fully responsible. The name of the person entrusted with the direct management of a park shall be filed for reference with the City of Paris Building Official. "(b) In addition to the specific duties prescribed by this article, the management of each manufactured home park shall take such measures as may be deemed to be 6 necessary by the City to preserve the health, comfort and safety of all persons residing in the park and the general public. "Sec. 22 -52. - Management rules and regulations. "(a) It shall be the duty of the owner of a manufactured home park, his agent, representative or manager, to prescribe rules and regulations for the management of the park; to make adequate provisions for the enforcement of such rules; and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such park. Copies of all such rules and regulations shall be furnished to the City of Paris Building Official. "(b) Copies of the rules and regulations referred to in paragraph (a) of this section shall be kept in the park office and shall be available for inspection by law enforcement officers, public health officials, the city fire marshal, and other public officials whose duties necessitate acquisition of the information contained therein. "(c) Copies of the rules and regulations referred to in paragraph (a) of this section shall be posted in conspicuous locations throughout the manufactured home park. "Sec. 22 -53. - Guest register. "(a) It shall be the duty of the manufactured home park licensee to keep a register, containing a record of all manufactured home owners and occupants located within the park. The register shall contain the following information: "(1) The name and address of each occupant. "(2) The make, model and year of all automobiles and manufactured homes. "(3) The driver's license number and owner of each manufactured home. "(4) The state issuing such license. "(5) The date of arrival and of departure of each manufactured home. "(b) The register referred to in paragraph (a) of this section shall be kept in the manufactured home park office and shall be available for inspection, at all times, by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of one (1) year following the date of departure of each manufactured home. "Sec. 22 -54. - Storage, collection and disposal of garbage and rubbish. "(a) Covered trash containers of adequate size to serve the manufactured home park shall be provided by the manufactured home park in quantities adequate to permit disposal of all garbage and rubbish. Garbage and trash containers shall be 7 located not further than two hundred (200) feet from any manufactured home space. The containers shall be kept in sanitary condition at all times. "(b) It shall be the duty of the owner of a manufactured home park, or his agent, representative or manager, to provide for the collection and removal of garbage and rubbish as frequently as may be necessary to ensure that the garbage cans shall not overflow. "Cross reference— Garbage and other waste materials, Ch. 16. "Sec. 22 -55. - Unsightly material, storage and vehicles prohibited. "It shall be unlawful for any person to place or store, or permit the placing or storage, of any unsightly material or unsightly vehicles of any kind at a manufactured home park. "Cross reference— Health, Ch. 17, Outside storage, Ch. 22.5, Junked motor vehicles on private property, § 19 -16 et seq. "Sec. 22 -56. - Additions to manufactured homes prohibited; exceptions. "It shall be unlawful for any person operating a manufactured home park or occupying a manufactured home to construct or permit to be constructed in such park, or in connection with such manufactured home, any additional structure, building or shelter in connection with or attached to a manufactured home, except that awnings of canvas or metal, suitably constructed, may be attached to such manufactured homes. "Sec. 22 -57. - Use of bottled gas for fuel. "Bottled gas shall not be used at individual manufactured home spaces in a manufactured home park, unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place. No cylinder containing bottled gas shall be located in a manufactured home space or within five (5) feet of a door thereof. State and local regulations applicable to the handling of bottled gas and fuel must be followed. Cross reference— Fire Prevention and Protection Ch. 12 -51 "Secs. 22- 68- 22 -70. - Reserved. "DIVISION 2. - MANUFACTURED HOME PARK LICENSE "Sec. 22 -71. - Required. "It shall be unlawful for any person to maintain or operate within the limits of the City any manufactured home park unless such person shall first obtain a license. "Sec. 22 -72. - Application generally. "Application for a manufactured home park license shall be filed with the city council. Such application shall be in writing, signed by the owner, and shall contain the following: "(1) The name and address of the applicant. "(2) The location and the legal description of the manufactured home park. "(3) A complete plan of the park showing compliance with this article. "(4) The plans and specifications of all buildings and other improvements constructed or to be constructed within the manufactured home park. "(5) Such further information as may be requested by the city council, to enable it to determine if the manufactured home park will comply with all legal requirements. "Sec. 22 -73. - Action on application by city manager and planning and zoning commission. "Upon the filing of an application for a license under this division, the city manager and city planning and zoning commission shall inspect the proposed plans and specifications for the manufactured home park. Each of them shall then make recommendations to the Building Official. "Cross reference— Planning and zoning commission, powers and duties, § 2 -76. "Sec. 22 -74. - Approval of application and issuance. "If the applicant for a license under this division is found to be in compliance with all provisions of this article and all other applicable ordinances or statutes, the Building Official may approve the application, and, in the case of proposed parks, make such approval contingent upon the completion of the park according to the plans and specifications submitted with the application. The Building Official shall issue the license. "Sec. 22 -75. - Display. "A license issued under this division shall be conspicuously posted in the office or on the premises of the manufactured home park at all times. 9 "Sec. 22 -76. - Transfer. "Upon application for a transfer of the license to maintain and operate a manufactured home park, the Building Official may authorize such transfer. There shall be no fee or charge for such transfer. "Sec. 22 -77. - Expiration. "Each license issued under this division shall expire at the end of the fiscal year of the City unless previously revoked or terminated. "Charter reference— Fiscal year, § 44. "Sec. 22 -78. - Revocation. "The Building Official may revoke any license to maintain and operate a manufactured home park when the licensee has been in violation of any provisions of this chapter. The license may be reissued after the violations have been remedied and the park is being maintained and operated in full compliance with law and this chapter. "Sec. 28 -79 Appeal "Denial by the Building Official of an application for a manufactured home park license, or revocation of a manufactured home park license, may be appealed to the Board of Adjustment in the manner for such appeals set forth in the City of Paris Zoning Ordinance, Sec. 16, 'Board of Adjustment. "' Section S. That Section 8 -101, "Primary Residential Uses," in Section 8, "Use of Land and Buildings," of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the same is hereby amended to read as set forth in full in "Exhibit A," which is attached hereto and incorporated herein by reference. Section 6. That Section 22, "General Definitions," of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the same is hereby amended to read as set forth in full in "Exhibit B," which is attached hereto and incorporated herein by reference. Section 7. 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 not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. 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 10 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 9. 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 10. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One 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 11. This ordinance shall become effective on from and after its passage and publication as required by law. PASSED AND ADOPTED on this 9th day of January, 2017 by the City Council of the City of Paris, Texas in regular session following notice and publication as required by law. ATTEST: IAA.' Ellis, City AS TO FORM: e H. Harris, City Attorney 11 Exhibit A I SF 1 SF SF I MF MF I A 1 2F 2 3 1 2 p 0 NS GR C CA LI HI PD PLI 1 ESS HD Schedule ofUses Q�,: LEI- Z z Q Q z Q C) Z C5 z Z Q G ra� 0 - s ! s B-101 PRIMARY RESIDENTIAL USES C) E— 'A EXHIBIT "B" Section 22. General Definitions 22 -100 Certain words in this Ordinance not heretofore defined are defined as follows; further, other words or uses may be defined herein that are not currently stated in this ordinance, but which may under the regulations of this ordinance, from time to time be allowed within the City of Paris. Words used in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word "building" includes the word "structure'; the word "lot" includes the words "plot" or "tract'; the word "shall" is mandatory and not discretionary. (1) Accessory Use —A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. (2) Adaptive Reuse— The conversion of obsolescent or historic buildings from their original or most recent use to a new use. For example, the conversion of former hospital or school buildings to residential use, or the conversion of an historic single- family home to office use. (3) Alcoholic Beverages — Alcohol or any beverage containing more than one -half of one percent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted. (4) Alley —A public space or thoroughfare which. affords only secondary means of access to property abutting thereon. (5) Apartment —A room or suite of rooms in a multi - family dwelling or apartment house arranged, designed or occupied as a place of residence by a single family, individual or group of individuals. (6) Apartment House —Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units. (7) Area of the Lot —The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys. (8) Art, public— Any visual work of art, accessible to public view, on public or private property within the city neighborhood environs including residential, business, or industrial buildings, apartment and condominium complexes, parks, multiple -use structures, and similar facilities. The work of art may include but need not be limited to sculptures, murals, monuments, frescoes, fountains, paintings, stained glass, or ceramics. Media may include but need not be limited to steel, bronze, wood, plastic, stone, and concrete. 1 EXHIBIT "B" (9) Auction— Any sale where tangible personal property is sold by an auctioneer who is either the agent for the owner of such property or is in fact the owner thereof. (10) Basement —A building story which is partly underground but having at least one -half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height. (11) Block —An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side. (12) Board —The Zoning Board of Adjustment established in Section 16. (13) Body Piercing— The act of penetrating the skin to make, generally permanent in nature, a hole, mark, or scar. Body piercing does not include the use of mechanized, pre - sterilized ear - piercing system that penetrates the outer perimeter or lobe of the ear or both. Body piercing is generally for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body. (14) Building —Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire each portion so subdivided may be deemed a separate building. (15) Building Line —A line parallel or approximately parallel to the street line at a specified distance therefrom marking the minimum distance from the street line that a building may be erected. (16) Building Official —Chief Building Official of the City of Paris. (17) Cellar —A building story with more than one -half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height. (18) Certificate of Occupancy or Compliance —An official certificate issued by the City through the Building Official which indicates conformance with or approved conditional waiver from the Zoning Regulations and authorizes legal use of the premises for which it is issued. (19) City Council —The governing body of the City of Paris, Texas. (20) City Manager —The chief city administrator. (21) Clinic —A group of offices for one or more physicians, surgeons or dentists to treat sick or injured out - patients who do not remain overnight. 2 EXHIBIT "B" (22) Cluster Development— A form of planned residential development that concentrates buildings in specific areas on the site (the cluster area) to allow the remaining land (the open space) to be used for recreation, common open space, or preservation of historically, culturally and /or environmentally sensitive areas. The open space may be owned by either a private or public entity. (23) Cluster Subdivision— A wholly or principally residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and the remaining land area is used for common space. (24) Community Garden— A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. (25) Convalescent Home —Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age. (26) Court —An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space. (27) Depth of Lot —The mean horizontal distance between the front and rear lot lines. (28) Development, substantial conformance— The situation in which a revision to a development that was approved through a permit or tentative map complies with the objectives, standards, guidelines, and conditions for that permit or tentative map. (29) District —A section of the City of Paris for which the regulations governing the area, height or use of the land and buildings are uniform. (30) Dwelling, One- Family —A detached building having accommodations for and occupied by not more than one family, or by one family and not more than four (4) boarders and lodgers. (31) Dwelling, Two - Family —A detached building having separate accommodations for and occupied by not more than two (2) families, or by two (2) families and not more than four (4) boarders and lodgers (two (2) boarders or lodgers to each unit). (32) Dwelling, Multiple - Family —Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families. 3 EXHIBIT "B" (33) Dwelling Unit —A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping. (34) Expansion Substantial (also addition, major) —Floor space increase of 25 percent or new materials or processes not normally associated with the existing use. (35) Family —A number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood, marriage or adoption. (36) Fiber Optics Communications System— An interstate network of fiber optic cables and all related property including conduit, carrier pipe, cable fibers, repeaters, power sources, and other attachments and appurtenances necessary for fiber optics communication. (37) Floor Area —The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, garages, storage areas, stairwells, elevator shafts, equipment rooms, interior vehicular parking or loading; and excluding all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. (38) Floor Area Ratio —An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area. (See appendix illustration 10). (39) Gated Community— Residential areas that restrict access to normally public spaces. The type of gates can range from elaborate guard houses to similar electronic arms. Residents may enter by electronic cards, identification stickers, codes, or remote control devices. Visitors must stop to be verified for entry. (40) Graffiti— Any inscription, word, figure, marking, or design that is marked etched, scratched, drawn, or painted on any building, structure, fixture, or other improvement, whether permanent or temporary, including by way of example only and without limitation, fencing surrounding construction sites, whether public or private, without the consent of the owner of the property or the owner's authorized agent, and which is visible from the public right -of- way. Said display may also, under certain circumstances, be unauthorized and /or be in violation of other governmental jurisdictional laws, codes, and /or ordinances. (41) Grandfathered— Describes the status accorded certain properties, uses, and activities that are legally existing prior to the date of adoption of the zoning ordinance or provisions of the zoning ordinance. 4 EXHIBIT "B" (42) Green Building— Structures that incorporate the principles of sustainable design- design in which the impact of a building on the environment will be minimal over the lifetime of that building. Green buildings incorporate principals of energy and resource efficiency, practical applications of waste reduction and pollution prevention, good indoor air quality and natural light to promote occupant health and productivity, and transportation efficiency in design and construction, during use and reuse. (43) Hardship— A hardship by reason of exceptional shape of a lot, exceptional topographic conditions, or other exceptional physical conditions of a parcel of land. "Unnecessary hardship" shall not include personal or financial hardship or any other hardship that is self - imposed. (44) Hazardous Waste Disposal Area— The outermost perimeter of the area within a hazardous waste disposal facility that is permitted to receive hazardous waste for disposal. (45) Height —The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof s surface if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level. (46) Hospice Care— Any coordinated program of home care with provision for inpatient care for terminally ill patients and their families. This care is provided by a medically directed interdisciplinary team, directly or through an agreement under the direction of an identifiable hospice administration. A hospice program of care provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of patients and their families, which are experienced during the final stages of terminal illness and during dying and bereavement. (47) Infill Development— The development of vacant or partially developed parcels which are surrounded by or in close proximity to areas that are substantially or fully developed. (48) Intensity, Relative— Measure of development impact as defined by characteristics such as, but not limited to, the number of dwelling units per acre, amount of traffic generated, and amount of site coverage. (49) Intensity of Use— The number of dwelling units per acre for residential development and the floor area ratio (FAR) for nonresidential development, such as commercial, office, and industrial. 5 EXHIBIT "B" (50) Interim Use— A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. (51) Interim Zoning— A zoning designation that temporarily reduces or freezes allowable development in an area until a permanent classification can be fixed; generally assigned during Comprehensive Plan preparation to provide a basis for permanent zoning. (52) Land Use Compatibility —The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. Some elements affecting compatibility include but are not limited to: intensity of occupancy as measured by dwelling units per acre; floor area ratio; pedestrian or vehicular traffic generated; volume of goods hauled; and such environmental effects as noise, vibration, glare, air pollution, or radiation. (53) Land Use, Conflicting— (Same as: incompatible land use) The transfer over a property line of negative economic or environmental effects, including but not limited to: traffic, noise, vibration, odor, dust, glare, smoke, pollution, water vapor, mismatched layout of adjacent uses, loss of privacy, and unsightly views. Also, a conflicting or incompatible land use can occur within a given lot, based on the negative criteria mentioned herein, in comparison to adjacent and /or nearby areas. (54) Leapfrog Development— New development separated from existing development by substantial vacant land. (55) Living Unit —The room or rooms occupied by a family and must include cooking facilities. (56) Lodging House —A building where lodging for five (5) or more persons is provided for compensation. (57) Lot —Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place. (58) Lot Coverage —The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. (59) Lot of Record —A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Lamar County or a parcel of land, the deed for which is recorded in the office of the County Clerk of Lamar County prior to the adoption of this ordinance. (60) Lot Lines —The lines bounding a lot as defined herein. 2 EXHIBIT "B" (61) Lot Depth —The mean distance between the front and rear lot lines. (See appendix illustration 2). (62) Lot Width —The width of a lot at the front building line. (See appendix illustration 1). (63) Main Building —The building or buildings on a lot which are occupied by the primary use. (64) Manufactured or Mobile Housing— A manufactured movable or portable dwelling built on a permanent metal vehicular chassis, connected to utilities and designed for year round living on wheels or rigid supports. (65) Manufactured Home Park —A manufactured home park conforming to Article III, within Chapter 22 in the City Code of Ordinances, "Manufactured Home Parks," where multiple manufactured homes are placed on a single lot approved under the City's subdivision regulations. (66) Manufactured Home Subdivision —Is a development where manufactured homes are placed as individual lots approved under the City's subdivision regulations. (67) Mixed -Use Development— A project which integrates at least two, or a variety of land uses including residential, office, commercial, service, and employment and may result in measurable reductions in traffic impacts. (68) Mobile Food Unit— A temporary food service structure that is a vehicle mounted food service establishment designed to be readily movable. (69) Motel —An inn or group of cabins designed for occupancy by paying guests, a hotel. (70) Multifamily Building —Same as apartment house. (71) Mural— A graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, or mosaic. A mural shall not meet the definition of an advertisement of a sign. (72) Nonconforming Use —A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. (73) Noise, Ambient Level —The general pressure and frequency level of noise in the vicinity of the premises on which a use is located including traffic noise from nearby streets. (74) Occupancy —The use or intended use of the land or buildings by proprietors or tenants. 7 EXHIBIT "B" (75) Office Park— A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention to circulation, parking, utility needs, aesthetics, and compatibility. (76) Open Space —Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves and porches. (77) Parking Space —An enclosed or unenclosed dust -free, all- weather surface of concrete, asphalt, seal coat in accordance with 1982 Standard Specifications for Construction of Highways, Streets and Bridges of the State Department of Highways and Public Transportation and subsequent editions or equivalent approved by the City Engineer. All- weather, surfaced area of not less than one hundred eighty (180) square feet (measuring approximately nine (9) feet by twenty (20) feet) not on a public street or alley, together with a dust -free, all - weather surfaced driveway connecting the area with a street or alley, permitting free ingress and egress without encroaching on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off - street parking in computing the parking area requirements for any use. (Ord. No. 89 -030, § 2, 8- 14 -89) (78) Planned Unit Development (PUD)— A description of a proposed unified development, consisting at a minimum of a plan map and adopted ordinance requirements setting forth the regulations governing, and the location and phasing of all proposed uses and improvements to be included in the development. May include a combination of open space, residential, commercial, industrial and recreational, etc. land uses. (79) Planning and Zoning Commission —The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the Zoning Ordinance. (80) Private Garage —An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space. (81) Recyclable Material— Reusable materials including but not limited to metals, glass, plastic, and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. The term "recyclable materials" does not include refuse or hazardous materials. (82) Residence —Same as a dwelling; also when used with District, an area of residential regulations. (83) Room —A building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities. H EXHIBIT "B" (84) Rooming House —(See Lodging House). (85) Sidewalk Vendor— Any person engaged in the selling, or offering for sale, of food, beverages, merchandise, or services for immediate delivery from a vendor stand or from his or her person that is not located in, or in association with, a building. (86) Sign —An outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on a premises. (87) Story —The height between the successive floors of a building or from the top floor to the roof. (88) Street —Any thoroughfare or public driveway, other than an alley, which has been dedicated or deeded to the public for public use. (89) Street Line —A dividing line between a lot, tract or parcel of land and a contiguous street, the right -of -way line. (90) Structural Alterations —Any change in the supporting member of a building, such as a bearing wall, column, beams or girders. (91) Structure —(same as building). (92) Substantial Improvement— Any reconstruction, rehabilitation, addition, or other improvements of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. Includes structures that have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or (2) the addition, extraction, or movement of any dirt, rock, or other material, or any new structure that will result in a volume larger than the volume required to increase the elevation of the property by a total height of six inches. (93) Substantial Modification— A change that significantly alters the impacts or character of a structure, development, or activity. (94) Sustainable Community —Use of natural resources in a way that does not jeopardize the ability of future generations to live and prosper. (95) Sustainable Development— Development that maintains or enhances economic opportunity and community well -being while protecting and restoring the natural environment upon which people and economies depend. Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs. V7 EXHIBIT "B" (96) Tattooing— Any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding. (97) Thoroughfare —(Same as street). (98) Transit - Oriented Development (TOD)— Moderate and high - density housing concentrated in mixed -use developments located along transient routes. The location, design, and mix of uses in a TOD emphasize pedestrian- oriented environments and encourage the use of public transportation. (99) Undue Hardship— (A) That the land in question cannot yield a reasonable return unless a variance is granted; (B) that the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; (C) that the granting of a variance will not alter the essential character of the locality; and (D) that the hardship is not the result of action taken by the applicant or prior owner. (100) Use, Compatible— A compatible use is a property, use, or service which is capable of direct association with certain other uses because it is complimentary, congruous, or otherwise not detrimental. (101) Use, Conforming— Any use of a structure or land that is a permitted or approved provisional or special use in the district in which the structure or land is situated and which conforms to the regulations of that district and all other regulations, ordinances, codes, and /or policies as applicable to said property. (102) Use, Incompatible— A use or service that is incapable of direct association with certain other uses because it is contradictory, incongruous, or discordant. (103) Use, Intensification of —A change in the use of a structure or site, where the new use is required by the City of Paris to have more off - street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generates more activity on the site. (104) Use, Nonconforming— A use that was valid when brought into existence but by subsequent regulation becomes no longer conforming. This may be a structure, use, or parcel of land. (105) Use, Reasonable— A legal concept articulated by federal and state courts in regulatory taking cases. Within the context of these cases and for the purposes of this Paris Zoning Ordinance, reasonable use shall mean any use allowed by the City of Paris and shall not mean the subdivision of property. 10 EXHIBIT "B" (106) Use, Transitional— A use, allowed in a transitional area, intended to create a gradual change in uses from industrial and commercial areas to residential areas. (107) Vending Cart— An accessory use consisting of a portable stand and any related accessory appurtenances such as awning, canopy, or seating, used for the retail sales of goods including but not limited to beverages, food, and flowers. (108) Visually Sensitive Area— Pleasing vistas or prospects or scenes, including but not limited to skylines, ridgelines, bluffs, rock outcroppings, foothills, mountain backdrop, unique vegetation, floodplains, streams, surface water, natural drainage ways, and wildlife habitat. (109) Xeriscaping— A set of garden design and landscape maintenance principals that promote good horticultural practices and efficient use of water. The term " xeriscape" is a registered trademark of the National Xeriscape Council and means water - conserving, drought - tolerant landscaping. (110) Yard —An open space other than a court, on the lot in which a building is situated and which is not obstructed from a point thirty (30) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features. (111) Yard, Front —An open, unoccupied space on a lot facing a street extending across the front of the lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located. (See appendix illustrations 3 and 5) (112) Yard, Rear —An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified in the district in which the lot is situated. (See appendix illustration 3) (113) Yard, Side —An open, unoccupied space or spaces on one or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or a front line shall be deemed a side line. (See appendix illustrations 3 and 4) (114) Zoning District Map —The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance. (115) Premises - Grounds as well as all of the buildings, vehicles, and appurtenances pertaining thereto, and shall also include any adjacent 11 EXHIBIT "B" premises, if directly or indirectly under the control of the same person. (Ord. No. 2074, § 6,3-13-72) 12