13 - Amend Zoning Ordinance to create new definitions for Veterinary Clinics for small and large animalsItem No. 13
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: ZONING FOR VE'TERINARY CLINICS
DATE: April 18, 20 18
BACKGROUND: We recently received a request from a local veterinarian to rezone a property
on I-arnar from General Retail to Commercial to allow him to construct a new clinic at the site.
The commission, at its April 2 meeting, clearly supported the facility, but the staff strongly
recommended against the zoning change. We believe that Corrimercial zoning with its many
outright allowed uses is simply inappropriate for this area. Unfortunately, as the applicant
pointed out, he had no other choice but to ask for that specific zoning. In such a situation, the
solution is often to amend the city's comprehensive zoning ordinance and that is what staff and
commissioners generally agreed to do, setting a special meeting on April 17 to consider changes.
STATUS OF ISSUE: We believe it makes sense to distinguish between small animal clinics and
large animal clinics, but also recognize that both are valuable assets to a community. We also
believe that for some locations the best available zoning too] to protect existing development
while encouraging new growth is the SUP process. '['his process allows us to add specific
performance standards, which the applicant offered, but which could not be enforced in straight
zoning.
We recommended a new use deffilition as follows: "Any facility maintained by or for the use of
a licensed veterinarian in the diagnosis, treatment, and/or the prevention of animal diseases or
medical maladies wherein the animals are limited to dogs, cats, or other comparable household
pets.- This use would be allowed in:
• General Retail (GR) with Specific Use Permit
• Commercial (C). --permitted outright
• Light Industrial (Ll) ---permitted outright
• Heavy Industrial (1-11)—permitted outright
• Agricultural (A)—permitted outright
• Office (0) with Specific Use Permit
a Central Area (CA) --permitted outright
A second new use definition, for large animals (typically livestock) would be: "Any facility
maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, and/or the
prevention of animal diseases or medical maladies wherein the animals served are typical farm
animals such as horses, cattle, and sheep, or other comparable anirrials. As necessary, outside
medical service shall be permitted on site of said facility," This use would be allowed in
• General Retail (GR) with Specific Use Permit
• Commercial (C) with Specific Use Permit
• L,ight Industrial (1-1)—permitted outright
Heavy Industrial (141) permitted outright
• Agricultural (A)—permitted outright
The planning and zoning commission recommended these changes to the zoning ordinance at its
special meeting on April 17.
RECOMMENDATION: Adopt updated definitions for veterinary clinics, and expand the
locations in which they may be built and operated.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1718 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTIONS 8-106
AND 8'-201 TO PROVIDE DEFINITIONS FOR "VETERINARY CLINIC—
SMALL ANIMALS" AND "VETERINARY CLINIC—LARGE ANIMALS USES
AND TO PROVIDE FOR THE LOCATIONS OF SUCH USES; BY AMENDING
SECTION 12-100, "SPECIFIC. USE PERMITS," TO CORRESPOND WITH
SAME; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING AN EFFECTIVE HATE.
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 1.965, and
WHEREAS, additional amendments were added to Zoning Ordinance No. 1710
(April 12, 1965) during 1971 through 1987 and 2912 and in 2816 and in 2017;
WHEREAS, the City of Paris staff and officials desire to partially update and amend
portions of Zoning Ordinance No. 1718 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 veterinary clinics, although said uses is currently regulated in the Zoning Ordinance,
and
WHEREAS, it is desirous to define uses for veterinary clinics for both small and
large animals and to provide appropriate zoning regulations for both types of clinics, and
WHEREAS, on April 17, 2818, pursuant to Sec. 8-189, "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
related to veterinary clinic uses as described herein and, following said hearing, made
formal recommendation to the City Council to approve the requested amendments; and
WHEREAS, on April 23, 2818, fallowing 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.
1
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 Section 8-106, "Retail and Service 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 as follows:
To allow as a permitted use "Veterinary Clinic—Large Animals" in the Light
Industrial (LI), Heavy Industrial (HI) and Agricultural (A) Zoning Districts, and to
allow the use "Veterinary Clinic—Large Animals" in the General Retail (GR) and
Commercial (C) Zoning Districts with a Specific Use Permit.
To allow as a permitted use "Veterinary Clinic—Small Animals"' in the Commercial
(C), Light Industrial (LI), Heavy Industrial (HI), Agricultural (A) and Central Area
(CA) i Zoning Districts, and to allow the use "Veterinary Clinic—Small Animals" in the
General Retail (GR) and Office (0) Zoning Districts with a Specific Use Permit,
Section 3. That Section 8-107, "Commercial and Service 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 to delete the use "Veterinarian Clinic and Kennels" in its
entirety.
Section 4. That Section B-201 in Section 8-200, "Special Definitions and
Explanations Noted in Use Regulations," of Zoning Ordinance No. 1710 of the City of Paris,
Texas, be, and the same is hereby amended to add the definitions of "Veterinary Clinic—
Large Animals" and "Veterinary Clinic—Small Animals" as items number 85 and 86
respectively, with subsequent items renumbered appropriately, to, read as follows herein:
"85. Veterinary Clinic—Large Animals—Any facility maintained by or for tile' use of a
licensed veterinarian in the diagnosis, treatment, and/or the prevention of animal
diseases or medical maladies wherein the animals served are typical farm animals
such as horses, cattle, and sheep, or other comparable animals. As necessary,
outside medical services shall be permitted on site of said facility.
"86. Veterinary Clinic—Small Animals—Any facility maintained by or for the use of a
licensed veterinarian in the diagnosis, treatment, and/or the prevention of animal
diseases or medical maladies wherein the animals are limited to dogs, cats, or other
comparable household pets."
Section 5. That Section 12-100 in Section 12, "Specific Use Permits," of Zoning
2
Ordinance No, 1710 of the City of Paris, Texas, be, and the same is hereby amended to add
items (55) and (56) to read as follows:
"(55) Veterinary clinic—large animals must have a specific use permit to locate in
General Retail (GR) and Commercial (C) Zoning Districts.
"(56) Veterinary clinic—small animals must have a specific use permit to locate in
the General Retail (GR) and Office (0) Zoning Districts."
Section 6. 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 7. 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 8. 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 9. 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 10�. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 23rd day of April,, 2018, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
Steven I., Clifford, M.D., Mayor
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Janice Ellis, City Clerk
Stephanie H. Harris, City Attorney