2019-006 - Amend Sections 13 Accessory Building Regulations to Add Section 13-102 Regulations for Accessory ResidentialORDINANCE NO. 2019-006
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 13,
"ACCESSORY BUILDING REGULATIONS," TO ADD SECTION 13-102,
"REGULATIONS FOR ACCESSORY RESIDENTIAL DWELLING UNITS;" TO
AMEND SECTION 22 TO ADD A DEFINITION OF ACCESSORY
RESIDENTIAL DWELLING UNITS; 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 accessory residential dwelling units, which are becoming increasingly common as the
City's population ages and family living patterns change with families wishing have
multiple generations and extended family living on the same property; and
WHEREAS, it is desirous to allow such accessory residential dwelling units in the
City subject to reasonable regulation thereof; and
WHEREAS, on January 7, 2019, 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
related to accessory residential dwelling units as described herein and, following said
hearing, made formal recommendation to the City Council to approve the requested
amendments; and
WHEREAS, on January 28, 2019, 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 ......6.._6.....6.._ayes and 0 .. nays.
NOW,THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
.PAR IS,TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved..
Section. 2. That Section 8-1.04, "Accessory and Incidental Uses," of Zoning
Ordinance No. 1-710 of the City of Paris, Texas, be, and the same is hereby amended to read
as set forth in Exhibit A hereto, which is incorporated by reference as if fully set forth
herein..
Section 3. That Section 13, "Accessory Building Regulations," of Zoning Ordinance
No.. 1-710 of the City of Paris, Texas, be, and the same is hereby amended by adding Section
1.3 102, "Regulations for Accessory Residential Dwelling Units," as follows::
"13 102 REGULATIONS FOR ACCESSORY RESIDENTIAL DWELLING UNITS
Ila. Purpose-. The purpose of this sub -section is to allow accessory residential
dwelling units (accessory dwellings.) to be developed within an individual
site on properties located within City of Paris single family zoning districts,
Agricultural, and Planned Development Districts, to be inhabited only by
those persons related by blood or marriage to the current residents who
reside in the primary single family residential dwelling unit on the subject
site.,
'ab.. Definition of an Accessory Residential Dwelling Unit: An accessory dwelling
is defined as either a free standing single-family home or a garage
apartment/loft located on an individual residential lot in a City of Paris
zoning district and which is separate from the primary residence on said lot..
6C. Accessory Residential Dwelling Unit Caccessory dwelling) Regulations::
Ill.. Location� Accessory dwellings shall only be located within the
following zoning districts:: Agricultural District (A), One Family
Dwelling.Districts (SF -1, SF 2, and SF 3), and the Planned
Development District (RD) within the City of Paris, Texas Zoning
Ordinance..
"2.. An accessory dwelling may not be located on a lot gaff lass than 15,000
square feet in area..
"3. An accessory dwelling shall be located a minimum of fifteen feet from
the primary dwelling..
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"4. Approval: Accessory dwellings shall be a permitted use in the above
districts, subject to the verification and approval of city staff that a
proposed accessory dwelling meets the requirements of the
regulations set forth herein.
"5. Front, rear, and side yard setbacks, as well as maximum lot coverage,
shall be maintained as required for any zoning district wherein said
accessory dwelling is permitted.
"6. A site plan drawn to scale shall be submitted to city staff as part of
said permitting process and shall include:
"(a) Exterior dimensions of said accessory dwelling.
"(b) Interior dimensions of all living areas within said accessory
dwelling.
"(c) Other relevant physical requirements of this ordinance that
can be graphically portrayed.
"(d) Pedestrian access of said accessory dwelling to the primary
residential structure shall be illustrated on the required site
plan.
"7. Only one accessory dwelling shall be permitted on any individual
zoning lot within any district whereon an accessory dwelling is
permitted.
IR An accessory dwelling must be located on the same lot as the main
primary use and must not be across a street or alley from the main
use.
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9. An existing primary residential structure must be constructed, or in
the process of being constructed, prior to the allowance of
development of an accessory dwelling upon said lot.
"(a) In the circumstance whereby an applicant wishes to construct
both a primary use and an accessory dwelling upon a vacant
lot, construction of the primary structure shall be begun prior
to or concurrent with said accessory dwelling, before approval
for construction of an accessory dwelling is granted.
"(b) No accessory dwelling shall be used/inhabited unless the
main/primary residential building on the lot is occupied by its
residents.
"10. One standard, paved, off-street parking space shall be available for
each accessory dwelling.
"11. No more than one covered parking space shall be allowed.
"12. Lavatory and kitchen facilities and services shall be permitted in said
accessory dwelling, subject to building codes and city staff approval.
"13. An accessory building shall have a minimum exterior area of 500
(five -hundred) square feet. Maximum exterior area of said accessory
dwelling structure shall not exceed 35% of the size of the primary
dwelling, up to a maximum of 900 (nine -hundred) square feet.
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"14. Person(s) residing in said accessory dwelling shall be related to the
residents in the primary single-family residential structure existing on
the subject lot either by blood or marriage.
"15. Occupancy of said accessory dwelling shall meet the requirements of
the International Residential Building.
"16. All accessory dwelling structures shall have smoke detection
equipment installed. Such equipment shall be approved by the City of
Paris fire marshal.
"17. Maximum height of accessory dwellings: The height of all accessory
dwellings shall be governed by Section 11: Height Regulations
currently existing in the City of Paris Zoning Ordinance.
"18. All accessory dwellings shall be located totally behind the rear
building line of the primary/principal single-family residential home.
"19. Air conditioning compressors, cooling towers, and similar accessory
structures shall observe all front, side, and rear yard setbacks as
specified in each zoning district wherein accessory dwellings are
permitted.
"20. No accessory dwelling structure or any part thereof shall be used for
commercial, industrial, or any other non-residential purposes or use.
"21. For aesthetic compatibility purposes, an accessory dwelling shall be
constructed of the same exterior materials as the principal/primary
residential structure, presuming said materials meet the City of Paris
Building Code or other relevant and related codes and ordinances.
"22. All plumbing systems necessary for accessory dwellings shall be
extended from the main structure, with no separate taps or meters
allowed.
"23. An accessory dwelling shall not have an electric meter that is separate
from the primary structure.
"d. There shall be no variances allowed under this section, and the board of
adjustment has no authority to grant any variances to the regulations
contained herein."
Section 4. That Section 22-100, shall be hereby amended to add as item (1) the
following definition of "accessory residential dwelling unit," and to renumber the
remaining definitions of the section accordingly:
"(1) Accessory Residential Dwelling Unit—An accessory dwelling is defined as
either a free-standing single-family home or garage apartment/loft located
on an individual residential lot in a City of Paris zoning district and which is
separate from the primary residence on said lot."
Section S. 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
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the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect..
Section 6. 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 7. 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 pro -visions of this ordinance shall not affect
the validity of any other portion of this ordinance.
Section 8. '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 9. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 28th da -.Y of January, 201-9, by the City Council of the
City of Paris, in regular session, following notice and 4publication as required by law.
"'��AE Cir St - 6,i
............. Ste Clifford, M.D., Mayor
ATTEST:
Ellis, City Clerk
kizz �O ED S TO FORM:
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StepWhtnie H. Harris, City Attorney
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Exhibit A
Section 8-104 ACCESSORY AND INCIDENTAL USES
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