2005-053 ORD PROVIDING ORDINANCE NO 1710 BE AMENDED BY REVISING SECTION 8-201(16) OF SAID ORDINANCE TO AMEND DEFINITION OF "HOME OCCUPATION"
ORDINANCE NO. 2005-053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 1710,THE ZONING
ORDINANCE OF THE CITY OF PARIS, TEXAS, BE AMENDED BY
REVISING SECTION 8-201(16) OF SAID ORDINANCE TO AMEND THE
DEFINITION OF "HOME OCCUPATION"; ADOPTING A NEW SECTION
8-500 TO THE ZONING ORDINANCE ESTABLISHING PERMISSIBLE
AND IMPERMISSIBLE HOME OCCUPATIONS AND PROVIDING FORA
PERMIT TO OPERATE A HOME OCCUPATION; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in order to provide residents the option to use their residences for certain home
occupations without altering the residential character of the neighborhood, it is appropriate that the
City Council amend Zoning Ordinance No. I 7 I 0 to establish criteria and development standards for
home occupations conducted in dwelling units; 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 Section 8-201(16), "Home Occupations," of Ordinance No. 1710, Zoning
Ordinance of the City of Paris, Texas, be, and the same is hereby, amended so that such shall read
as follows:
"8-201. The following definitions and explanatory notes supplement, restrict, and
define the meaning and intent of the use regulations as set forth in the Use Schedule
and Provisions 8- 10 I through 8- 109 inclusive.
16. Home Occupations-A home occupation is an occupation conducted as
an accessory use in or from a residential dwelling or its accessory building by
persons whose principal residence is on the premises, and which use has no
more affect on adjacent property than normal residential use. Home
occupations include those uses as permitted and regulated in Section 8-500
hereof. "
Section 3. That a new Section 8-500, entitled "Home Occupations," of Ordinance No. 1710,
Zoning Ordinance of the City of Paris, Texas, be, and the same is hereby, added so that such shall
read as follows:
"8-500 HOME OCCUPATIONS
8-501. A home occupation, as defined in Section 8-201(16), may be conducted in
single-family residential zoning districts (A, SF-I, SF2, SF-3) with a permit granted
under this Section when such use is clearly subordinate or incidental to the principal
use of the premises for dwelling purposes.
(a) Home occupations which are conducted as limited by Section 8-502 below
and which have the general character of the following uses are permitted:
(I) Artist, photographer, sculptor.
(2) Author, composer, editor, translator, writer.
(3) Contractor or service business, provided that all requirements of this
section are met as well as the following additional requirements:
A. Not more than one (I) commercial vehicle shall be parked on
the property.
B. No contracting equipment or materials shall be stored on the
premises, except in a commercial vehicle used for
transporting said equipment and materials between jobs, and
no loading or unloading shall be done on or in the vicinity of
the premises.
(4) Dressmaker, seamstress, and tailor.
(5) Home crafts such as lapidary work, macrame, model making, and
weaving.
(6) Office of an ordained minister of religion.
(7) Office of an accountant, architect, bookkeeper, broker, clerical
service, computer programmer, consultant, dentist, counselor,
engineer, instructor in the arts and crafts, insurance agent, land
surveyor, landscape architect, lawyer, musician, physician, real estate
broker, or telephone service.
(8) Office of a salesman, sales representative, or manufacturer's
representative.
(9) Repair services, such as musical instruments, watches and clocks,
small household appliances, and toys or models.
(b) It shall be illegal to conduct any occupation in a dwelling unless specifically
authorized in accordance with other provisions of this ordinance.
Occupations not permitted in a dwelling as a home occupation shall include,
but not be limited to, those with the general characteristics of the following:
(I) Amusement or dance parlor.
(2) Antique shop.
(3) Barber shop or beauty salon.
(4) Funeral home or chapel.
(5) Gift shop.
(6) Kennel or other boarding of animals.
(7) Medical or dental clinic, hospital, nursing home.
(8) Office of a healthcare provider when special mechanical equipment
is required.
(9) Motor vehicle repair or sales.
(10) Day care center or nursery school.
(1 1) Tattoo parlor.
(12) Fortune teller, palm reader, or similar services.
(13) Repair or testing of internal combustion engines.
(14) Restaurant or tearoom.
(15) Tourist home, boardinghouse, rooming house.
(16) Veterinary clinic or animal hospital.
8-502. All home occupations shall meet the following criteria and standards:
(a) The use shall be conducted entirely within the dwelling unit, and there shall be no on-
site employment or use of labor from persons who are not bona fide residents of the
dwelling, except a disabled resident may employ assistance from one (1) person at
a time who is not a resident and whose assistance is limited to overcoming the effect
of the disability.
(b) The area set aside for a home occupation shall not exceed twenty percent
(20%) of the total floor area of the residence, including garages. The
permissible floor area includes that space necessary for storage of goods or
products associated with the home occupation.
(c) Merchandise offered for sale shall be clearly incidental to the home
occupation; provided, however, that orders may be taken for later delivery off
the premises.
(d) Delivery of products to the home for business purposes shall not occur more
frequently than twice a week. Delivery by trucks or vehicles not ordinarily
utilized for residential deliveries shall be prohibited.
(e) No toxic, explosive, flanunable, combustible, corrosive, etiologic, radioactive
or other restricted material shall be stored on site.
(f) No mechanical equipment other than that ordinarily utilized within a dwelling
unit for household or hobby purposes shall be permissible.
(g) No activity shall be conducted which would interfere with radio or television
transmission in the area, nor shall there be any offensive noise, smoke, dust
or heat noticeable beyond the premises.
(h) No home occupation shall require external alteration of the residence or other
visible evidence of the conduct of such home occupation.
(i) The operation of the home occupation shall not cause or encourage excess
vehicular or pedestrian traffic not ordinarily associated with the residential
area in which the home occupation is conducted except under the following
conditions:
(I) Public access to the home occupation shall be by invitation only and
there shall ordinarily be no more than one vehicle not owned by the
occupants on or adjacent to the property for business purposes except
that appointments may overlap for a time period not exceeding thirty
(30) minutes;
(2) Occasional parties, meetings or classes associated with home occupations are
permissible. The parties, meetings or classes shall in no case be held more
than four (4) times monthly and vehicles shall in no way impede the safety
and flow of traffic within the neighborhood.
(j) Advertising associated with the home occupation shall be by phone number
only. On-premises advertising shall be limited to one nonilluminated sign not
exceeding one (1) square foot in size. The legend shall show only the name
of the occupant and type of occupation and shall be neutral in color.
(k) Home occupations shall be restricted to the hours of eight a.m. to nine p.m.
(I) Other than signage as permitted under subsection (j) hereof, there shall be no
evidence on the exterior of the premises or visible from the exterior of the
premises that the property is used in any way other than for a dwelling.
(m) There shall be no outside display, storage, or sale of merchandise or
equipment.
(n) There shall be no audible noise, detectable vibration, or odor beyond the
confines of the subject dwelling or accessory building, including transmittal
through vertical or horizontal party walls.
(0) Instruction of students (including delivery of materials clearly incidental to
training) and service to clients or customers shall be limited to twelve (12)
persons per day but in no event more than four (4) persons at anyone time.
(P) The lot or property on which the home occupation is conducted shall not have
any parking space added to it during the time the home occupation is being
conducted; nor shall any parking space be used that was not customarily used
prior to that time. The application for approval shall show a sketch of the
parking spaces customarily in use at the time of application and the applicant
shall agree that parking shall not be increased during the period the approval
is in effect. During the period the approval is in effect, no motor vehicle shall
be parked at any place on the lot or property not represented as a parking
space on the sketch attached to the application.
8-503. All home occupations are required to obtain a home occupation permit by
application to the Community Development Department. Such permits shall be
issued only upon a positive finding that an application complies with all the
requirements set out herein. Approval is personal to the applicant and shall not run
with the land. The annual fee for such permit shall be $25.00. Approval shall expire
one (I) year from the date of issuance, at which time the permit may be renewed by
the Community Development Department based upon findings that the requirements
of this ordinance are being met. The applicant is required to contact the Community
Development Department at least sixty (60) days prior to the expiration of the permit
in order to seek a renewal.
8-504. A home occupation permit shall be subject to cancellation in the event of any
noncompliance with or violation of any provisions of this ordinance. Cancellations
take effect immediately upon a finding of noncompliance.
8-505. The existence of a home occupation shall not be justification for a zoning
change to neighborhood service, retail, commercial, or industrial use."
Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed to the extent of such conflict only; provided, however, this ordinance shall not
be construed to repeal any prior or subsequent ordinance designating a use as Neighborhood Service
(NS) or otherwise authorizing an occupation in property zoned single-family residential that would
now be an occupation governed by this ordinance.
Section 5. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each
and every day's continuance of any violation shall constitute and be deemed a separate offense.
Section 6. That this ordinance shall become effective on October 1,2005.
PASSED AND ADOPTED this 26th day of September, 2005.
L-L.JfPZ"'~7 '-7
Richard Manning, Mayor PrcrTem
ATTEST:
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ce Ellis, City Clerk