17 - Amendment to Section 8 of Appendix C of the Zoning Ordinance to revise the definitions of Tattooing and Tattoo ParlorItem No. 17
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: ZONING CLARIFICATIONS
DATE: November 6, 2018
BACKGROUND: As we have discussed, the advent of permanent make-up by means of tattooing
has caused a number of new and existing business to have to come to the city to request zoning
changes in the form of Special Use Permits (SUPs). This technique was simply not something that
existed when much of our ordinance was written, so we need to change the definitions in the
ordinance to reflect current usage and technology.
STATUS OF ISSUE: The zoning ordinance requires additional language to be inserted to separate
permanent makeup from traditional forms and uses of tattooing. These additions will be included
in two definitions as follows:
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. I 11 ura.. ui �, : ��r�a l� u � � a � Ir �..u..�qr_,Ivp I i,z,ad ml q
o ipgqtkl. rrl�ale Illlp siad. "Frit clar .a°all" ed w, "I attoolixiltiw.
Tattoo Parlor/Body-Piercing Studio— An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice of one or more of the following:
(1) placing of designs, letters, figures, symbols, or other instruments designed to contact or
puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting
jewelry or other decoration. '".0 u,raiirlrl.oil' of a�i�lirtiu:l�� (°,.4�:uuura��a�r�,arti
rv[lr.lI1, r1ioV Ileo';` F llnls a.f cd a ss natttn9olr)g NGI��: aYllq" �d;:'F°aN,°� of" this F11"l""' �Ilpl hll9�f%.<. �, tl ,,l'"�.,fbrt:9 4.I,�i dres�f,,,n l fp roll a.fi.""���fi,.�fi;'
® e, ... e
auu ralri� e>suiJ,)ll.isllirule:ra sl'liaH r1�ot::�oriiic c,,auuse o t,)(, (J ()ar c ll a.,i a 11 attoo 1.1al lo.1r-�
The planning and zoning commission considered this matter on November 5 and recommended its
approval. No one spoke either in favor or against.
RECOMMENDATION: Approve ordinance amending the tattooing definitions in the city's
zoning ordinance in order to ensure businesses wishing to provide permanent makeup are not
required to seek zoning changes.
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, BY AMENDING SECTIONS 3-100,
"ZONING AND ZONING DISTRICTS," 8, "USE OF LAND AND BUILDINGS,"
AND 22-100, "GENERAL DEFINITIONS," TO CREATE A NEW ZONING
DISTRICT, "FOUR -FAMILY ZONING DISTRICT (4F)" AND TO REVISE
DEFINITIONS RELATED TO TATTOOING AND PERMANENT COSMETICS;
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 in 2017;
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 take into account
the increasingly common use of three-family dwelling units (triplexes) and four -family
dwelling units (quadplexes), allowing said uses only in multi -family districts; and
WHEREAS, it is desirous to be able to allow triplexes and quadplexes in areas which
would not be suitable for five -family and greater dwelling units; and
WHEREAS, new methods of applying cosmetics have developed in recent years,
namely the application of permanent cosmetics by means of tattooing; and
WHERAS, permanent cosmetics services differ from traditional tattooing services
such that it is inappropriate to treat the two types of services the same for purposes of
zoning; and
WHEREAS, in order to better reflect current usage and technology, it is necessary to
amend the definitions of "Tattooing" and "Tattoo Parlor/Body-Piercing Studio" to exclude
permanent cosmetics services from those definitions; and
WHEREAS, on November 5, 2018, pursuant to Sec. 8-109, "Classification of New and
Unlisted Uses," the Paris Planning and Zoning Commission held a public hearing, following
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notice and publication as required by law, regarding Zoning Ordinance amendments
related to the addition of a new zoning district, "Four -Family Dwelling (4F) as described
herein and to revise the definitions of "Tattooing and "Tattoo Parlor/Body-Piercing Studio,"
and following said hearing, made formal recommendation to the City Council to approve
the requested amendments; and
WHEREAS, on November 12, 2018, 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:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 3-100 in Section 3, "Zoning Districts Established," of Zoning
Ordinance No. 1710 of the City of Paris, Texas, be, and the same is hereby amended as
follows:
Abbreviated Zoning District Name
Designation
A
Agricultural District
SF -1
One -Family Dwellin r District
SF -2
One -Family Dwelling District
SF -3
Dwelling District
-,One-Family
2F
Two -Family Dwelling District
4F
Four -Family Dwelling District
MF -1
Multi ple-Family Dwellin6 District -1
MF -2
MultiOe-Family Dwelling District -2
P
Parking District
0
Office District
NS
Neighborhood Service District
GR
General Retail District
CA
Central Area District
C
Commercial District
LI
Light Industrial District
HI
Heav,V Industrial District
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Abbreviated
Name
Desi nation
Zoning District
PD
Planned Development District
PLI
Public Lands and Institution District
ESS
Expresswav Service Station District
HD
Historic District (Overlay, District"
Section 3. That Section 8-101, "Primary Residential Uses," in Section 8, "Use of
Land and Buildings," of Zoning Ordinance 1710 of the City of Paris, Texas is and shall be
hereby amended in its entirety as set forth in Exhibit _A, which is attached hereto and
incorporated herein by reference.
Section 4. That Section 8-102, "Special Uses," in Section 8, "Use of Land and
Buildings," of Zoning Ordinance 1710 of the City of Paris, Texas is and shall be hereby
amended in its entirety as set forth in Exhibit B which is attached hereto and incorporated
herein by reference.
Section 5. That Section 8-103, "Utility and Service Uses," in Section 8, "Use of Land
and Buildings," of Zoning Ordinance 1710 of the City of Paris, Texas is and shall be hereby
amended in its entirety as set forth in Exhibit C. which is attached hereto and incorporated
herein by reference.
Section 6. That Section 8-104, "Accessory and Incidental Uses," in Section 8, "Use of
Land and Buildings," of Zoning Ordinance 1710 of the City of Paris, Texas is and shall be
hereby amended in its entirety as set forth in Exhibit D which is attached hereto and
incorporated herein by reference.
Section 7. That Section 8-105, "Automobile Type Uses," in Section 8, "Use of Land
and Buildings," of Zoning Ordinance 1710 of the City of Paris, Texas is and shall be hereby
amended in its entirety as set forth in Exhibit which is attached hereto and incorporated
herein by reference.
Section 8. That Section 8-106, "Retail and Service Type Uses," in Section 8, "Use of
Land and Buildings," of Zoning Ordinance 1710 of the City of Paris, Texas is and shall be
hereby amended in its entirety as set forth in ExhibitF* which is attached hereto and
incorporated herein by reference.
Section 9. That Section 8-107, "Commercial & Service Uses", in Section 8, "Use of
Land and Buildings," of Zoning Ordinance 1710 of the City of Paris, Texas is and shall be
hereby amended in its entirety as set forth in Exhibit G, which is attached hereto and
incorporated herein by reference.
Section 10. That Section 8-108, "Industrial Uses," in Section 8, "Use of Land and
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Buildings," of Zoning Ordinance 1710 of the City of Paris, Texas is and shall be hereby
amended in its entirety as set forth in Exhibit H, which is attached hereto and incorporated
herein by reference.
Section 11. That Section 8-201(82) of Section 8-200, "Special Definitions and
Explanations Noted in Use Regulations," of Zoning Ordinance 1710 of the City of Paris,
Texas, is and shall be hereby amended to read as follows:
"(82) Tattoo/Parlor Body -Piercing Studio—An establishment whose principal
business activity, either in terms of operation or as held out to the public, is
the practice of one or more of the following: (1) placing of designs, letters,
figures, symbols, or other instruments designed to contact or puncture the
skin; (2) creation of an opening in the body of a person for the purpose of
inserting jewelry or other decoration. The creation insertion or g42plication
Of Dermanent gosmetics shall not be. classified as tattoos for.the purposes
of this ordinance: therefore its )renoe_or l2ractice in an establishment
shall not alone cause said establishment to be defined as a Tattoo Parlor."
Section 12. That Section 22-100 in Section 22, "General Definitions," be and hereby
shall be amended to read as follows in its entirety:
"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
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 (Y2) of one (1) 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.
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"(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 (3) or
more dwelling units or apartments or which is occupied as a home
or place of residence by three (3) 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.
"(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) Automobile Detailing Shop —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.
"(11) Basement —A building story which is partly underground but
having at least one-half (Y2) of its height above the average level of
the adjoining ground. A basement shall be counted as a story in
computing building height.
"(12) 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 (2) streets which intersect said street on the said side.
"(13) Board —The Zoning Board of Adjustment established in Section 16.
"(14) 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.
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"(15) 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.
"(16) 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.
"(17) Building Official —Chief Building Official of the City of Paris.
"(18) Cellar —A building story with more than one-half (Y2) its height
below the average level of the adjoining ground. A cellar shall not
be counted as a story in computing building height.
"(19) 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.
"(20) City Council —The governing body of the City of Paris, Texas.
"(21) City Manager —The chief city administrator.
"(22) Clinic —A group of offices for one (1) or more physicians, surgeons
or dentists to treat sick or injured out-patients who do not remain
overnight.
"(23) 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.
"(24) 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.
"(25) Community Garden —A private or public facility for cultivation of
fruits, flowers, vegetables, or ornamental plants by more than one
(1) person or family.
"(26) Convalescent Home —Any structure used for or customarily
occupied by persons recovering from illness or suffering from
infirmities of age.
"(27) Court —An open, unoccupied space, bounded on more than two (2)
sides by the walls of a building. An inner court is a court entirely
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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.
"(28) Depth of Lot —The mean horizontal distance between the front and
rear lot lines.
"(29) 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.
"(30) 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.
"(31) Dwelling, One -Family —A detached building having
accommodations for and occupied by not more than one (1) family,
or by one (1) family and not more than four (4) boarders and
lodgers.
"(32) 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).
"(33) Dwelling, Four-Family—Any building or a portion thereof, which is
designed, built, rented, leased, or let to be occupied as three (3) or
four (4) dwelling units or apartments or which is occupied as a home
or residence of three (3) or four (4) families.
"(34) Dwelling, Multiple -Family —Any building or portion thereof, which
is designed, built, rented, leased or let to be occupied as five (5)
or more dwelling units or apartments or which is occupied as a
home or residence of five (5) or more families.
"(35) 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.
"(36) Expansion Substantial (also addition, major )—Floor space increase
of twenty-five (25) percent or new materials or processes not
normally associated with the existing use.
"(37) 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.
"(38) 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.
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"(39) 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.
"(40) 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.)
"(41) 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.
"(42) 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.
"(43) 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.
"(44) 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.
"(45) 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
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include personal or financial hardship or any other hardship that is
self-imposed.
"(46) 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.
"(47) 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 roofs 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.
"(48) 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.
"(49) 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.
"(50) 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.
"(51) 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.
"(52) 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.
"(53) Interim Zoning —A zoning designation that temporarily reduces or
freezes allowable development in an area until a permanent
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classification can be fixed; generally assigned during
Comprehensive Plan preparation to provide a basis for permanent
zoning.
"(54) 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.
"(55) 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.
"(56) Leapfrog Development —New development separated from existing
development by substantial vacant land.
"(57) Living Unit —The room or rooms occupied by a family and must
include cooking facilities.
"(58) Lodging House —A building where lodging for five (5) or more
persons is provided for compensation.
"(59) 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.
"(60) 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.
"(61) 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.
"(62) Lot Lines —The lines bounding a lot as defined herein.
"(63) Lot Depth —The mean distance between the front and rear lot lines.
(See appendix illustration 2.)
"(64) Lot Width —The width of a lot at the front building line. (See
appendix illustration 1.)
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"(65) Main Building —The building or buildings on a lot which are
occupied by the primary use.
"(66) 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.
"(67) 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.
"(68) Manufactured Home Subdivision —Is a development where
manufactured homes are placed as individual lots approved under
the City's subdivision regulations.
"(69) Mixed -Use Development —A project which integrates at least two
(2), or a variety of land uses including residential, office,
commercial, service, and employment and may result in
measurable reductions in traffic impacts.
"(70) Mobile Food Unit —A temporary food service structure that is a
vehicle mounted food service establishment designed to be readily
movable.
"(71) Motel —An inn or group of cabins designed for occupancy by
paying guests, a hotel.
"(72) Multifamily Building —Same as apartment house.
"(73) 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.
"(74) 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.
"(75) 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.
"(76) Occupancy —The use or intended use of the land or buildings by
proprietors or tenants.
"(77) 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.
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"(78) 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.
"(79) 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)
"(80) 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.
"(81) 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.
"(82) 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.
"(83) 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.
"(84) Residence —Same as a dwelling; also when used with District, an
area of residential regulations.
"(85) 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.
"(86) Rooming House —(See Lodging House).
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"(87) 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.
"(88) 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.
"(89) Story —The height between the successive floors of a building or
from the top floor to the roof.
"(90) Street —Any thoroughfare or public driveway, other than an alley,
which has been dedicated or deeded to the public for public use.
"(91) Street Line —A dividing line between a lot, tract or parcel of land
and a contiguous street, the right-of-way line.
"(92) Structural Alterations —Any change in the supporting member of a
building, such as a bearing wall, column, beams or girders.
"(93) Structure —(Same as building).
"(94) Substantial Improvement —Any reconstruction, rehabilitation,
addition, or other improvements of a structure, the cost of which
equals or exceeds fifty (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:
"(A) 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
"(B) 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 (6) inches.
"(95) Substantial Modification —A change that significantly alters the
impacts or character of a structure, development, or activity.
"(96) Sustainable Community —Use of natural resources in a way that
does not jeopardize the ability of future generations to live and
prosper.
"(97) 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
13
meets the needs of the present without compromising the ability
of future generations to meet their own needs.
"(98) 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. The creation, insertion, or
application of permanent cosmetics shall not be classified as
Tattooing.
"(99) Thoroughfare —(Same as street).
"(100) 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.
"(101) Undue Hardship —
"(A) That the land in question cannot yield a reasonable return unless a
variance is granted;
"(13) 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.
"(102) 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.
"(103) 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.
"(104) Use, Incompatible —A use or service that is incapable of direct
association with certain other uses because it is contradictory,
incongruous, or discordant.
"(105) 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.
14
"(106) 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.
"(107) 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.
"(108) 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.
"(109) 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.
"(110) 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.
"(111) 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.
"(112) 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.
"(113) 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.)
"(114) Yard, Rear —An open, unoccupied space, except for accessory
buildings as herein permitted, extending across the rear of a lot
from one (1) 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.)
15
"(115) Yard, Side —An open, unoccupied space or spaces on one (1) or two
(2) 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.)
"(116) 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.
"(117) Premises —Grounds as well as all of the buildings, vehicles, and
appurtenances pertaining thereto, and shall also include any
adjacent premises, if directly or indirectly under the control of the
same person."
Section 13. 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 14. 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 15. 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 16. 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 17. This ordinance shall become effective from and after its passage and
publication as required by law.
16
PASSED AND ADOPTED on this 12th day of November, 2018, by the City Council of
the City of Paris, in regular session, following notice and publication as required by law.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
17
Steven J. Clifford, M.D., Mayor
Exhibit A
8-101 Primary Residential Uses
Boardinghouse
Roominghouse
Bed and S
Breakfast S
Historical
Residence (41)
Modular Home
Manufactured
Home
Subdivision
Manufactured
Home Park
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Schedule of Uses
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8-101 PRIMARYRESIDENTIAL USES
One-Family
11
,,,
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Dwelling
Detached
One -Family
f
Dwelling
Attached (1)
if
Two -Family
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ii
.
Dwelling
I.,
Four -Family
Dwelling
Multiple -Family,-
or Apartment
Building
F
Community
a
Unit
S
S
S
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Development
r
(2)
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Boardinghouse
Roominghouse
Bed and S
Breakfast S
Historical
Residence (41)
Modular Home
Manufactured
Home
Subdivision
Manufactured
Home Park
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Exhibit B
Section 8-102 Special Uses
A SF
SF SF
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Mausoleum
1
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Church and
Schedule of
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(private) with
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Golf Course
Conventor
S
S
S S
S
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Monastery
Day Camp (4)
S
S
S S
S
S
Day Nursery or
Kindergarten
S
8-102 SPEC/AL USES
S S
S
S S
Schools (5)
Airport or
S
S
S S
S
S
Landing Field
S
Cemetery or
S
S
S S
S
S S
Mausoleum
Church and
Rectory
College,
University or
S
S
S S
S
S
Private School
(3)
Columbarium
Country Club
(private) with
S
S
S S
S
S
Golf Course
Conventor
S
S
S S
S
S
Monastery
Day Camp (4)
S
S
S S
S
S
Day Nursery or
Kindergarten
S
S
S S
S
S S
Schools (5)
Fairgrounds or
Exhibition Area
Farm, Ranch,
"
Garden or
Orchard (6)
Livestock
S
Auction
Fraternity,
Sorority or
S
S
S S
S
S
Lodge or Civic S
Club
Heliport S S S S S S S
Home for Care
of Alcoholic,
Narcotic or S
Psychiatric
patients
Hotel or Motel
Hospital
(general acute S S S S S S
care)(7)
Hospital
(chronic care) S S
(g)
Institutions of
Religious or
Philanthropic S S S S S S S
Nature (9)
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Reserves
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Public Owned
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Public College
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Public Golf
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Public
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Public Land
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o
Public Owned
Buildings and
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Lands
Public Schools
1 "
Public Zones,
Arboretums
and Museums
Residence
HomeforAged S S S S S S
(10)
Schools, Public"
"
I" ;
or Parochial
Recreational;
Facility S S S S S S
S S S
(Private) (12) l;
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Exhibit C
Section 8-103 Utility and Service Uses
A
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8-103 UTILITYAND SERVICE USES
Electrical
S
S
S
S
S
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Substation
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Electrical"
;
Transmission
501
Line
iii���
i
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Fire Station
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Gas
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Transmission
Line and
Metering
j
Stations
t
Local Utility
Distribution
t1
Lines
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Public Utility
Installations
Radio &
Television or
S
S
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S
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Microwave
Towers
1:,
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O
Sewage Pumping
Station
I
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S
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S
S
S
S
S
S
S S
S S
S
S"-
a
Sewage
S
Treatment Plant
Solar Farm
S
S
S
Railroad Tracks
& Right -of -Way
j
(13)
Telephone Line
1„
J ,
& Exchange (14) '
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Water Reservoir
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water Pumping"
Station & Well
Water
Treatment Plant
;,,
S
S
S
S
S
S
S
S S
S
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Public or Private
,
Utilities Unlisted
and Stora e
g
S
S
S
S
S
S
S
S
S S
S
S S
S
Areas and Shops
Exhibit D
Section 8-104 ACCESSORY AND INCIDENTAL USES
A
S2F
S3F
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Schedule of
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8-104 ACCESSORYAND INCIDENTAL USES
Accessory
Buildings (2)
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ri .
Building
Sign, Special
Development
Home
Occupations
(
(45)
a
r
Off Street
%K
Parking;.
Intentional to
Main Use
Swimming Pool
(Private)
Servants,
I
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h
Watchman or
q
Caretaker
Quarters
E
Community
p
Center, Private
r
(18)
I
o
Signs, Church
..
Bulletin Boards
J ".
& Schools (76)
Field Offices
;° ,. `-
;.
(Temporary)
„�„
(21)
Off -Premises
Consumption
Sale of Wine,
' Beer or Ale
i,
(Wine and Beer
Retail Sales
Store) as an
Jaccessory use
r
to grocery store
(27) (Sec.8
301a)
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Exhibit E
EXHIBIT D - 8-105 AUTOMOBILE TYPE USES
SF
SF
SF
4F
MF
MF
A
2F
P
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1
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Schedule of
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4.
Uses
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41
8-105 AUTOMOBILE TYPE USES
Automobile
Detailing
S
Shop
Commercial
1`
Auto Parking
Lot
J
Truck
1
Parking Lot
New or Used
Car Lot
S
(Open)
_ ...Auto Sales
U
and Repair
r
Auto
S
Laundry
w
�
o
Drag Strip or
a
Commercial
S
S
o
Racing
Go -Cart
S
S
Track
Wrecking or
S
Salvage Yard
Used Auto
Parts, Sales
in Building
�-
t
Sales (40)
Tire
Retreading &
Capping
New Auto
Accessory &
Parts Sales
Store
Seat Cover &
Muffler
Installation
Shop
Liquefied
Petroleum
Gas Sales
SF
SF
SF
4F
MF
MF
A
2F
P
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GR
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1
2
3
1
2
Schedule of
S3
EUses
a
3
rz
Gasoline
Service
S
S
Station
Auto Fuel
......
........
S
S
S
Sales (40)
Tire
Retreading &
Capping
New Auto
Accessory &
Parts Sales
Store
Seat Cover &
Muffler
Installation
Shop
Liquefied
Petroleum
Gas Sales
Exhibit F
8-106 RETAIL & SERVICE TYPE USES
A
SF
SF
SF
2F
4F
MF
MF P 0
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GR
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CA
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PD
PLI
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1
2
3
1
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Schedule of
Uses
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ti
8-106 Retail & Service Type Uses
...
Antique Shop
S
S
Bakery, Retail
Sales (22)
Bowling Alley.
,,.,,.,,;. ,.. ..,
Cafeteria
S
Cleaning,
�V
Dyeing and
j,
-
Pressing Pickup
& Small Shops
(23)RK
.,,
,....
Custom
1
Personal
,
Service Shop
(24)
1
j.
Candy or Cake
�
Shop
_
....,
Drapery Shops
Florist and
o
Garden shop
Greenhouse or
,,.
Nursery for
Retail Plant
S
S
S
S
S
S
S S S
Sales Florist
o
(25)
Y
Handcraft Shop
_=
Household
;
��
Appliance
Service andIr
Repair Shop
--
26
,,, ,.... ..,
....,.
Laundry and
l
t
Cleaning Self -
Service
Automatic (27)
r;
Microbrewery
Mimeograph,
i
Stationery or
Letter Shop
t
Mortuaryand
S
S
S
Funeral Parlor
GR
A
SF
SF
SF
2F
4F
MF
MF
P
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o
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Schedule of
Uses
a
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Offices,
Professional
and
Administrative
Off -Premises
Consumption
Sale of All
Alcoholic
Beverages,
Package Store
(38) Sec. 8-
301a)
Pawn Shop with
no outdoor
storage allowed
in the GR
District
Private Club
(60)
Restaurant
without Drive-
in Service
Restaurant with
Drive-in Service
Retail Stores
and Shops
offering Goods
for Sale (28)
Sexually
Oriented
Businesses
Studio for
Photographer,
Musician or
Artist
Studio for Radio
or Television
Tattoo Shop
and Body
Piercing Shop
Veterinary
Clinic—Large
Animals
Veterinary
Clinic—Small
S
Animals
GR
C
CA
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Exhibit G
Section 8-107 COMMERCIAL AND SERVICE USES
A
SF
SF
SF
2F
4F
MF
MF
P
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GR
C
CA
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PLI
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1
2
3
1
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Schedule of
Uses
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8-107 Commercial and Service Uses
Bakery and
_
Confectionery
Commercial
Wholesale
Bottling Works
Billboard and
,l
Advertising
Sign (29)
Business Signs
and Pole Signs
(30)
Building
Material Sales°
Cabinet or
............
Upholstery
Shop
�
Cleaning and
V,
t
Dyeing Plant
Commercial
(31)
Cleaning Plant
Carpet and Bags
(With special
i
v,
Equipment)
!
ca
Commercial
1'
Amusements
S
o
(Indoor)
Commercial
pp Amusements
;
x
q (Outdoor)
99 (32)
Contractors
I shop and
Storage Yard
_
Dance Hall,
Public
Distillery
_
producing 6000
gal./y and >
Distillery
producing <
S
S
6000 gal./y
Drive-in
S
Theatre
Engine and
Motor
Repairing
Food Store
_
A
SF SF SF
1 2 3
2F
4F
MF
1
MF
2
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GR
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Schedule of
a
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a
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Heavy
Machinery Sales
S
and Storage
Household
1 „
Appliances
Sales and
Storage
f.
Job Printing
Laundry Plant
(Commercial),
Milk Depot,
Dairy or Ice
Cream Plant
Newspaper
Printing
Paint Shop (33)
Plumbing Shop
..
Railroad or Bus
J, '
1
'
o
Passenger
>,
Station
Railroad Team
t'
o
Track, Freight
Depotand
o
Docks
Scientific and
Research
f,'
Laboratories
Storage and
�, .
„�
...
Repair of
l "
Furniture and
Appliances"
j
Inside a
Building
�.....:.;..."i't..
Storage and
_
Sale of
Furniture and
Appliances
Outside a
Building (34)
Self -Storage/
Mini
S
Warehouse
i
Trailer Rental
or Sales
S
Trade and
1
Commercial
Schools
A SF SF SF 2F 4F MF MF p 0 NS GR C CA LI HI PD PLI
ESS HD*
1 2 3 1 2
Schedule of a y a �+
e $ a ,�, °
.a � c E c a a L� Q a a d E a
Uses E
3 u .y
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ry �c �c c �c m E m E m r o °1 �, n a h a
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Transfer
Storage and
Baggage
Terminal
Wholesale '
Office and
Sample Room
Warehouse
Storage of Beer,
Wine, or Liquor
for Distribution
with no Retail
Sales on the
Premises (Sec.
8-301c)
* s permitted in designated zoning district classifications.
(Ord. No. 2074, § 1, -13-72; Ord. No. 2075, § 2, -13-72; Ord. No. 2095, § 2, 6-1-72; Ord.
No. 2110, § 9-11-72; Ord. No. 2559, § 1, 3--1; Ord. No. 2566, §§ 1, 2, 4-1-1; Ord. No. -
067, § 1a, 12--; Ord. No. 8-005, § 1, -13- r. No. -031, § 1, -24-9; Ord. No. -
014, § 1, -9-0; Ord. No. 9-021, § 1, 6-12-9 r. No. 9-037, § 1, 8-1-9; Ord. No.
2003-019, § 4,5-8-03; Ord. No. 2010-007, § 2, 2-8-1; Ord. No. 2012-017, 2, 6-11-12; Ord.
No. 2012-029, § 2, 1-8-12)
* As deleted in designated zoning district classifications: Ord. No. , 04-11-16.
Exhibit H
8-108 Industrial Uses
A 2F
ZF
3F
2F
4F
MF
ZF
P
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NS
GR
C
CA
LI HI
PD
PLI
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Schedule of Uses
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8-108INDUSTRIAL USES
Light
Manufacturing
Processes (35)
Asphalt Paving Approved only through the Specific Use Permit Process as provided herein within Section 12 of
Batching Plant this Zoning Ordinance
Concrete
Products
Manufacture
Concrete Approved only through the Specific Use Permit Process as provided herein within Section 12 of
Batching Plant this Zoning Ordinance
Sand, Gravel or
Stone
Extraction
Any
Manufacturing
Industrial or
Storage Process
Not Prohibited
by Law Except
Those
Specifically
Mentioned in
Section 12-
100(l) through
2100(1)through
(56)
Loading,
Unloading or
Transloading of
Crude Oil
S
Head Shops S S
X