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2017-013 - Update zoning ordinance to include automobile detailing shop in C and LI zoning districtsORDINANCE NO. 2017 -013 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 7 ayes and 0 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. ON ATTEST. - ce Ellis, City Clerk A VED AS TO FORM: S e nie H. Harris, City Attorney