13-Ordinance-definition of Automobile Detailing ShopItem No. 13
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Alan Efrussy, AICP, Planning Manager
SUBJECT: INCLUSION OF THE DEFINITION OF "AUTOMOBILE DETAILING
SHOP" AND TO ALLOW SAID USE IN THE COMMERCIAL AND LIGHT
INDUSTRIAL DISTRICTS WITHIN THE ZONING ORDINANCE
DATE: April 4, 2017
BACKGROUND: Recently a potential applicant met with city staff at a Pre - Application meeting
to describe his interest in establishing an automobile detailing shop. The proposed location for
this detail shop is located in the Central Area Zoning District (CA). The Paris Zoning Ordinance
currently does not provide a definition for said use, and therefore a definition must be prepared
as per Section 8 -109. "Classification of New and Unlisted Uses" in the Zoning Ordinance.
Further, this section requires that a recommendation be made regarding what zoning district(s)
said use shall be permitted within. The process to include a new definition and the attendant
zoning districts wherein it could be located requires a similar procedure as zoning cases: i.e., the
city staff makes a recommendation through a public hearing to the Planning and Zoning
Commission, and then the City Council conducts a public hearing and can approve said elements
by ordinance. At the April 3, 2017 Planning and Zoning Commission public hearing, no one
spoke in favor of or in opposition to this request. The Planning and Zoning Commission
recommended approval of this item as presented with a request that staff establish a new zoning
case before the Commission to allow an "Automobile Detailing Shop" through a Specific Use
Permit in the Central Area District. Mr. Ben Faber spoke in favor of adding this use within the
Central Area District.
STATUS OF ISSUE: (A) A well — accepted definition of an Automobile Detailing Shop is "A
facility which provides automobile — related services such as applying paint protectors, interior
and exterior cleaning and polishing as well as installation of after - market accessories such as
tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items. Typically equipment
used includes a power washer and a shop vacuum for detailing." The potential applicant that met
with staff agreed with this proposed definition.
(B) The City Manager and City Planning Manager agree that the level of land use intensity
characterized by an automobile detailing shop would be appropriate to be a permitted use in the
Commercial (C) and the Light Industrial (LI) Zoning Districts within the Paris Zoning
Ordinance.
Additional considerations regarding the staff recommendation:
(A) It is true that "Auto Sales and Repair," "Auto Fuel Sales," and "Gasoline Service Station"
are currently permitted uses in the CA Zone. However, through meetings in 2016 with the Paris
Main Street Advisory Board, the Paris Historic Preservation Commission, Cheri Bedford who is
the Main Street Coordinator, and other city staff, the consensus was that these uses existed for
many years in the downtown area, and that they should continue to be allowed.
(B) However, in light of paragraph (A) immediately above, it was also a consensus of these
boards and staff that "going forward" with the future development of the Downtown/Central
Area Zone that additional and new requirements should be established to create a more viable
Paris Downtown. In that regard, the preamble to the ordinance that adopted the upgrading of the
CA Zone in April, 2016 states the following (among other text):
"WHEREAS, the City of Paris downtown area reflects important historical and architectural
representations for the city and region; and
WHEREAS, the City of Paris downtown area also represents important existing and future
opportunities for business, recreational, and residential uses; and
WHEREAS, certain land uses that are currently allowed in the Central Area (CA) Zoning
District are considered to be too intensive for the existing and proposed character of Paris
downtown; and
WHEREAS, certain land uses in the CA Zone should be modified, and some new uses and
definitions should be added and amended in the CA Zone to more efficiently advance the desire
to enhance the Paris downtown; and
WHEREAS, where said certain uses to be deleted currently exist in Paris' CA Zone, they will
continue to be allowed, as per this Zoning Ordinance No. 1710, Section 15: Non — Conforming
Uses and Structures."
RECOMMENDATION: Approve the definition of an "Automobile Detailing Shop" as
described herein, and approve that said use shall be permitted in the Commercial (C) and the
Light Industrial (LI) Zoning Districts within the Paris Zoning Ordinance No. 1710.
2
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, TO ADD "AUTOMOBILE DETAILING
SHOP" USE BY AMENDING SECTION 8, "USE OF LAND AND BUILDINGS,"
SECTION 8 -105, "AUTOMOBILE TYPE USES;" AND BY AMENDING
SECTION 22 -101, "GENERAL USES;" 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, 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, presently the City of Paris Zoning Ordinance does not have a definition
for automobile detailing shop and therefore does not have a Zoning Ordinance inclusion
regarding district(s) where said uses could be located and regulated; and
WHEREAS, on April 4, 2017, pursuant to Sec. 8 -109, "Classification of New and
Unlisted Uses," the Paris Planning and Zoning Commission held a public hearing, following
notice and publication as required by law, regarding Zoning Ordinance Amendments
regarding Automobile Detailing Shop uses as described herein and, following said hearing,
made formal recommendation to the City Council to approve the requested amendments;
and
WHEREAS, on April 10, 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 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 in the best interests of the public health,
safety, and welfare of the citizens of the City of Paris by a vote of _ ayes and _ nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
1
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 8 -105, "Automobile Type 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 by adding the use of "Automobile Detailing Shop," and by listing said use
as a Permitted Use in the Commercial (C) and the Light Industrial (LI) Zoning Districts.
Section 3. That Section 22: "General Definitions" of Zoning Ordinance No. 1710 of
the City of Paris, Texas, be, and the same is hereby amended to include the definition of
"Automobile Detailing Shop" as stated herein:
"A facility which provides automobile - related services such as applying paint
protectors, interior and exterior cleaning and polishing as well as installation
of after- market accessories such as tinting, auto alarms, spoilers, sunroofs,
headlight covers, and similar items. Typically equipment used includes a
power washer and a shop vacuum for detailing."
Section 4. 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 5. 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 6. That it is the intention of the City Council of the City of Paris, Texas 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 7. 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 8. This ordinance shall become effective from and after its passage and
publication as required by law.
2
PASSED AND ADOPTED on this 10th day of April, 2017, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney