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17 - Update Zoning Ordinance specifically modiying regulations for storage containersItem No. 17 memorandum TO: Planning & Zoning Commission FROM: Carla Easton, PE, Community Development Director SUBJECT: STORAGE CONTAINERS AS ACCESSORY STRUCTURES DATE: October 1, 2019 BACKGROUND: The use of shipping containers or similar portable storage units have become a popular trend over the last 10+ years. While these types of units were first used for temporary, movable storage solutions, there are many locations where businesses and homeowners have chosen to utilize them for permanent outdoor storage for their business or personal needs. These types of units have an industrial metal exterior, and can potentially affect the look and feel of an area if allowed to be placed just anywhere on a lot. As such, it is important for the city to set expectations for where these units are appropriate within the community. The need for such regulation is identified in the 2018 Comprehensive Plan Update as recommendation 15.16, and in August 2019 the city council supported staff's plan to update the zoning ordinance to include regulations for container structures with the city. STATUS OF ISSUE: The Zoning Ordinance currently includes specifications for proper location of primary and accessory structures on properties within the city limits, however there is no definition of what types of structures shall be considered for permanent placement. Containers are currently permitted for temporary use only, typically in conjunction with a building remodel project or on construction sites. Persons applying for an accessory structure permit to place a portable storage unit or shipping container permanently on their property are denied under the existing ordinance. Staff is proposing to add a definition that will include portable storage structures, or shipping containers, as an allowable structure under the accessory building regulations. In residential districts, we propose standards that limit the number and size of such structures on a piece of property. In non-residential areas we propose standards for seasonal storage, addressing safety concerns, and requiring permanent structures to be moved away from the front of properties. This would allow these units to be used, but in a more responsible manner and consistent with other restrictions in place for accessory buildings. This item was first discussed with the P&Z Commission in September, where staff was asked to meet with local portable storage businesses for their input. On September 18th, we met with Mr. Billy Collard, owner of Portable Storage Solutions, to review the proposed regulations and receive his feedback. The meeting was productive and we received his support for this ordinance. In the attachment, existing code is in black text, proposed changes are in blue, and modifications based on feedback from Mr. Collard is in red. BUDGET: NA. RECOMMENDATION: Recommend to the city council approval of amendments to the zoning ordinance regarding storage containers. Section 13. Accessory Building Regulations 13-100 DEFINITION AND USE REGULATION a. In a residence or an apartment district, an accessory building is a subordinate building, attached to or detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased. b. In other districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building. .,, '1C Ilv". 11:u,:a"'u"VY ' pborp,rvapPpa", s'p:RYII m&apai'.1 aa1,l41aa"ll,:Ilalill"AP aapVaapp IIaG; dal°°fNi11ed'U.k be aLq"� cd.u,OIII IlY4`"'II"a stRkV age uVVitX ,'xherci..like coirr,aalli,"er (:Ylr cr:h ei,, l3c)ap'able a ti1"Illd¢;"paulle dliall,, P„a,alra or is used pa:.blr the alp'a°,91a g(",. of p)arlla.00i'liaal propalr'"a°"1y o aIiy kfi a ar �� o 4,�plii9� i, Chan an u�a�'� �sirur�.p �wl��u�:"!"°u u., Lsm�..a��sq�.�p i��;'a�° �au�r°rp���� Il�l�alil ��:�.a�„� r:au.Ap, ap��,��� a�iil ���,sur.,�a�,a�:ra �:��azpspfluu8. acr,eru,auoi iig shed cwnplyiilg with all baaplaping codes a i� iid Ilailld use 13-101 AREA REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL,14,144)11111k, lii° Ih° � ilalWi pV II�'�'p�i14 0 14 �I i �i°IP 'uli a. Front Yard. Attached accessory buildings shall have a front yard not less than the main building. Detached accessory buildings shall be located in the area defined as the rear yard. b. Side Yard. There shall be a side yard not less than three (3) feet from any side lot line, alley line or easement line, except that adjacent to a side street the side yard shall never be less than fifteen (15) feet. c. Rear Yard,. There shall be a rear yard not less than three (3) feet from any lot line, alley line or easement line, except that if no alley exists, the rear yard shall not be less than ten (10) feet as measured from the rear lot line. In residential districts the main building and all accessory buildings shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line. Carports, garages, or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than fifteen (15) feet to the main building nor nearer than three (3) feet to any side lot line. (See appendix illustration 3) d. a I as up0 P ��, iap ;U II'"aa4'bl e tl,' allY oi,i ?r � o path le nI��.R)i aUpye ° trt,,9a,VA.da"e rna��a be ucJi ::alfi�,''d a;i`ni m�°a �a'rlgw$u0b�u, a%Ila°G��..R �I�V4i.. sp9a"r,IVlc ,fii'ce P,l")rop;'eirpi'wVthfiI dl°ie 4„[11ya!R'p flP6ar.P'tlri'lla'. S4ddh lati;rn` ,l6aIl"aaar"+a s r4a4::1`dal't", ^ioha.apl be laaa,apar",d i, ak r: loser a9"aaall" u:."ll"'11 fa'aa'p: (10') tothe paall"abpa°ki,.a""af plllti;a!"u V"'II°,Ilatkaill' ,�e papr,6+a,1" `;utlb as V"tot, 1ta"a Il,allid,i4Npy IY"afieal114uat; Qkl uuVll'I1a�ia'ea ri'anr:l Viriust, l,)e l,Sce '6 d a ib i1 a."ll"II sui ur.Nze ii,ii the Ill'rcilV"'"aval,d 1101ii,ea iV (l:„a`. pll.ais%(Osil )ail't ,fiiP6 p�'"S9�,a� 9hllbkfi';vIlew. Su ill s'p':a"lldia,p.11alla?''P fiVVay V°lic)t a?Oghi1p f4".fl'tt, sN�I!9a.lpi s f g'6 ") in height, l pP"d,k"t (10') in V 'Ici'ti: ii a.dll pFsaFa"r:Ir,1y feel!"(20') Vni laaIr.Vgth. 13-102 REGULATIONS FOR ACCESSORY RESIDENTIAL DWELLING UNITS (a) Purpose. The purpose of this subsection is to allow accessory residential dwelling units (accessory buildings) to be developed within an individual site on properties located within City of Paris single- family zoning district, 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. (b) Definition of an Accessory Residential Dwellin 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. (c) Accessory Residential Dwelling Unit accessory dwellin ) Regulations. 1. 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 (PD) within the City of Paris, Texas Zoning Ordinance. 2. An accessory dwelling may not be located on a lot of less than fifteen thousand (15,000) square feet in area. 3. An accessory dwelling shall be located a minimum of fifteen (15) feet from the primary dwelling. 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 (1) accessory dwelling shall be permitted on any individual zoning lot within any district whereon an accessory dwelling is permitted. 8. 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. 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 (1) standard, paved, off-street parking space shall be available for each accessory dwelling. 11. No more than one (1) 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 five -hundred (500) square feet. Maximum exterior area of said accessory dwelling structure shall not exceed thirty-five (35) percent of the size of the primary dwelling, up to a maximum of nine -hundred (900) square feet. 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 [Code]. 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 14. Special Area and Use Regulations 14-101 Courts - Where an apartment building or buildings are erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five (5) feet. 14-102 Location of Dwellings and Buildings - Only one main building for one -family and two-family use with permitted accessory buildings may be located upon a lot or un -platted tract. Every one -family or two- family dwelling shall face or front upon a public street, other than an alley. Where a lot is used for multiple - family dwelling, retail, commercial, industrial purposes, or a combination of same, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a public street, other than an alley. Whenever two (2) or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the Planning and Zoning Commission. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. This paragraph shall not be used to limit or restrict development according to approved site plan in a Planned Development District (PD) or in a Public Lands and Institutions District (PLI). 14-103 Special Development Signs - Special temporary development and promotions signs not exceeding four hundred (400) square feet in area may be erected on private property upon approval of the Building Inspector. The Building Inspector shall control the location and duration of such sign use to assure that the occupancy and use of adjacent lots are not interfered with and that no safety hazard is created. Such special development signs will be removed at the direction of the Building Inspector after completion of the development of ninety (90) percent of the project advertised. 14-104 Temporary Construction Buildings - Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the Building Inspector and subject to periodic renewal by the Inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the Building Inspector, +1 i p S6irebV"+cn,,)aV il'o6brt all,akl Stmaaia;e A p oilla°apfle "i"l(f llaa`e sti"uX tfl.. re all'Vnaay f;ae p6: caa�,i":d as a t9'rnl iaia:'aV'„+;'GII„""aa �u6�'1aula^ u.aul IXC.ollu reslmia:^u°7rllaaf IIDu°6.31aerty wfthla°o VIie d: Isco° au pueuaa;ad al(ut: exc(. re6lia"uil one huunci,ed Ihw::!nt ('.120) days in arhy oirie s,m.bierR d aIPIpeoall, Ilalt'otal9a`6: d H, is IIb,aolallapU'.^d foron aial4 re.app"'bN"S"aved site pia.'ani, )uratk1 n sha°aH bGa L"IIrieaasQallGffJ froi,"Ilse 1diriiie 6J a'lelliaoer to flrn:m 4)0) Ila.'l"Xa'a6k+>are'apn i:aa(.Ilt day tlaa::a't ma palorlaUlk)fe storage stRauAIl.alre aerrilains r,alteII �'Jaft°"P.' rerrf4wal (Ila,ate a' ha H s,oi� aatll"I:al,AE:: ma 06matici°a„ Ji4 .1.06 Iearnip,,a,aaa'ary ire Saafei� y - it, ne>h aH pbsr the co�'Ji kaad n of tl,le 011 User ,fl fu"p.awGlala6.au°;a a° a aoll'f;r,';abile aa6s°:ollage s1: uc'tk,,rec� a.+uic9 ,klr„” it in a:;a V"llr)dllller s6.d as 1116ol1 to 6!ndaVai,'gs:M11116." of jr:e1saf lls Oil ai raIIaeI b,a 1n °I:iae rillr IaulV:�,,s c,L dae st o°aaa.IIXbb e. Ion Ipoe rtassxuu°I:Of plllig[li btt oa'nr s asI ot['ieir weather 6.���a�°��iuI�as�a°11a�a iI II wi"kh si,u,,.h stl.Ila,Oa,tui G' rriaa'ay6 iao'a',4;aV'tl"ka: a p"' lif[ a,allc e.ai danger r t o pffiP�„p,;,urXns or dro o6;:ai , I�aa'ii�a ab X'XIY'4'a,bll arab' �a. A( eri'u. m � s a o I �O p u h a')P (,,:e a11VamN'"at,: c,f [(:eIIs rni.'a",E 6U",4puaIl'e 11ie Oann'ilo@s;i4f,'e rei'"nr,blvmXl 6.'al oaaa4a�"'11'la"Ilt"llpa6 'aa 11 Pas i;V°a164, IlaVo .14107 Pdarn"IrnaaH ei,'ft Ilamiafta.al,'fle °wtolln6"ge A ,'x)rla„alblle sstollI age PvtII a,ac;ll:al ,e rrii "ay be f6e'oP aXlo'6i as a.R pa; rrrii aV'llwX"al ll,,: sti,Iar:fl:IulPa 01,'71 bu6aua iresasb46 rrll:aa. fur op,ae I: aaralh°uoa°a tCusa city provided I:Ii1e,stau cL` ,Jire Is No aa1:6:d sari of l I3EuVIliiwIICI I e fronill f ac a6io rb, th!(, auaa°aauii Ilualaip6:i�iuu k. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING BY AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SECTION 13, "ACCESSORY BUILDING REGULATIONS," AND SECTION 14, "SPECIAL AREA AND USE REGULATIONS," TO PROVIDE REGLUATIONS RELATING TO PORTABLE STORAGE STRUCTURES; 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 2016-2019; and WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not, in certain instances, reflect current and appropriate American zoning practice; 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, in recent years, portable storage containers have become a popular means for additional storage on properties, and such containers have come to be used in the same manner as accessory buildings; and WHEREAS, the City currently has no regulations directly addressing the use of portable storage containers; and WHEREAS, the City Council believes it is in the best interest of the citizens of the city to define portable storage containers and provide for placement on properties in the city; and WHEREAS, on October 7, 2019, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments to the City Zoning Ordinance, and following said hearing, made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, on October 28, 2019, following notice and publication as required by 1 law, the City Council of the City of Paris conducted a public hearing on the proposed amendments to the City Zoning Ordinance and the City Code of Ordinances, and having considered the recommendation 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 the City Code of Ordinances, 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 City of Paris Zoning Ordinance No. 1710 Sec. 13-100, "Definition and Use Regulation," shall be amended to add subsection c., to read as follows: "c. The term "portable storage structure" shall be defined to be any container, storage unit, shed -like container, or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements." Section 3. That City of Paris Zoning Ordinance No. 1710 Sec. 13-101, "Area Regulations for Accessory Buildings in Residential and Apartment Districts," shall be amended to delete the words "and Apartment Districts" from the caption and to add subsection d., to read as follows: "d. Portable storal;e structure. No more than one portable storage structure may be located on a specific piece of property within the city at one time. Such temporary structure shall be located no closer than ten feet (10') to the property line, must be place so as not to unduly restrict drainage, and must be placed on an improved surface in the rear yard to restrict its visibility from public view. Such structure may not exceed eight feet six inches (8'6") in height, ten feet (10') in width or twenty feet (20') in length." Section 4. That City of Paris Zoning Ordinance No. 1710 Sec. 14, "Special Area and Use Regulations, shall be amended by adding Sec. 14.105, "Seasonal Portable Storage," Sec. 14-106, "Temporary Structure Safety," and Section 14-107, "Permanent Portable Storage," to read as follows: "14-105 Seasonal Portable Storage - A portable storage structure may be located as a temporary structure on non-residential property within the city for a period not exceeding one hundred twenty (120) days in any one calendar year, provided it is 2 provided for on an approved site plan. Duration shall be measured from time of delivery to time of removal. Each day that a portable storage structure remains after the removal date shall constitute a violation. 14-106 Temporary Structure Safety - It shall be the obligation of the owner or user of any temporary portable storage structure to secure it in a manner so as not to endanger the safety of persons or property in the vicinity of the structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure. 14-107 Permanent Portable Storage - A portable storage structure may be located as a permanent structure on non-residential property within the city provided the structure is located wholly behind the front facade of the main building." Section 5. 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 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 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 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 on from and after its passage and publication as required by law. PASSED AND ADOPTED on this 28th of October, 2019 by the City Council of the City of Paris, Texas in regular session following notice and publication as required by law. 3 Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney