11 - Storage Containers As Accessory StructuresItem No. 11
TO: Mayor & City Council
Gene Anderson, Interim City Manager
FROM: Carla Easton, Engineering & Community Development Director
SUBJECT: STORAGE CONTAINERS AS ACCESSORY STRUCTURES
DATE: October 29, 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: Containers are not defined or regulated by the International Building Code,
and they are currently permitted for temporary use only, typically in conjunction with a building
remodel project or on construction sites. A draft ordinance was approved by the Planning and
Zoning Commission in October that would allow containers to be used as for permanent storage
in both residential and commercial districts.
At the October 281h city council meeting, staff was directed to revise the draft ordinance to prohibit
containers being used for permanent storage or any other accessory use in all residential areas, to
allow them in business districts if placed in the rear of the property and not visible from the street,
and to continue to allow them for temporary use in all districts for up to a reasonable amount of
time when associated with a remodel or other temporary situation. A revised draft is attached for
consideration. The black text is existing ordinance language, blue text is proposed language as
presented in October, and recent revisions per council direction are in red.
BUDGET: NA.
RECOMMENDATION: 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.
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13-101 AREA REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL A,IND APXlkTMSM I"ll"' "li""RIC "'Ii S
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)
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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 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.
(c) Accessory Residential Dwellin Unit accessory dwelling) Re ulations.
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 dwellin,s: 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 ttl"l'ila:'iiell. Ternitj(�)rai,y ;m i lable stor age iaiHs are
arlllowect f"eu short ter°ni uusi::� of: uul;,,a to 14 uJays fir any zoriha , dMdct Wthout e IP,ttelruyif"t f)„.oni tlh"ne ualll h'i g
"ffkn ii a Il .
34 1.05 Seaulsrrul"ail Por"taube St�oia age - A II•un,nrtable storage tutuuuctuura"u rn°aayu be located as as terrillaelraaryu
at.ul°Ilua:tu.iNu orr a"iaiuu u°aradluturuutuaull prnall`uert.yuafthilila the (�fty ftr e Il)eiJod not eoceedhiig orae fuu.uridred taeauiiirty
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be uuiuua,Puo red f�uauri, the tirinir. ("J ala,6iurery to the tliu°rie of: rerriovaL E aa;llhi r,Ja f t:hiat. a iueutaull�fle storage,
structure @"f@iaunnreaii°ns beyorid tVie ri:Nluired IiS!Ii n+f"$v ill date shaurllll i:,uulisttt:uut'e rra a6k ll,r0ild° n,
14-1 ter nplor°ellryw StrklChlre Sarfrutk�yw .. it shallll be the oiulligaation of the owirier, or user ofany t:eivayueu°"gall°.,h
lvao twat lle aift)iage stlluuaa':4.alre to, secure tt In as rrianV^,V�� r so as (riot: to iNinda➢'n eir t:l,.e safety of persons or
fui°�u"apert:yu iun the vk1trity of t�llae striuctuulre. hu; the event of II~nugh a it ids or a.0Itier w eathiiei,, o°.n iriditlie�uas liirl w lillch
uufl:;l""ll
structure nlr,aay hewse rca pinysilGa. t atariger to persons cir p114n1.9 "ir'lly, t'llle aa"°apll"6„alai"Ilaate law eni.nfoir+f:a"r'N"Ra"srrt
officers rna�uyu require the fo�iauaaa°e�:fuaitir�. Ira^u°novaul of siuu:h ta:���uarllhur�uu°anu°yu st:u uuct��u�ulaw inuual ,stra�wlf Ilnotofyr the lnurulaertya
OW u°i au^ ` a a'fs u.0 c f"ire aul u.0 i ure u° n ail!' II"'u"t�..
t.kl,07 Peulmurruleeerit P r°t*lt� llli�u St�elu°nage A P u' rtaba e storage Il.ull"dt irnay hie tocated as as Iljerua"ivanert s�ta:iu°�egle
?u irtucttulre on biropeirty r illlilllli Iriva'nIIV Ilanslaufe n1,4 zonfilug a;lilmtricl1 i p°. uraala+lalu°d all of the fofll(:Wiiiii)g Aaii`uteri;aal aalre
'ri e t
ai. laaui atausanl�l;us a"uirlit; is locaited hoill":v" "huc�hinnd ffic main bld dirlrlg.
bn i hre storage unit is not vusfluyc ftu"uml any pu;nblk,, i�ere the prcu l,,aerlyr has dmublc from latag(,�;
fVos(,al.;rc alr "a"a�'�inl an na',a',,auiiiy' u`ulaatA"n 1r.0.i �y� y b used para" u'rila" fi
I @m: ,7'�l,n. I n i ll �n,i"l a;n I i Q ,�... � t t!9 ill l.�ia � II P+w+ �J I.'h�IV,11 � �1Wie 11MA.1 H t So as o
a,o uuuu awu,n it, :n a uu r:u
uallulic, aria ui� 'i�,/ neiii iiau�rrrnuin1 to d by the llt�uunialung official,
c, 'I"he l+or,"rati.oni of" the li nil lnllfi,aJt;s all setbacks, 1eQtuia6..;d by cit,,,y or(Ji;n'aa lhc(,",
d,'Phe location ofthe unit does not aal' striact the Zurol.)er flow, cJ staua°uaa "wirat:cr,
as„ '11C Stor,',qY:,e ttni't: is placed on au a,aauiil.u�anast.aFui,y ll.elvct pn:P.d maati„fc of raNl surface hi "u."fi:ordiaiance
mdth muarilrufku,,Marer "s au�ua;auarinullaP�n'llrl tuwnrCnm
1,4108 DeaitIrie four IIeiinovWI of I)ot table S,tot �age Stiii uctures - All jjor4!!fle! stotage
structures inthe cfty fl-iat do not compwith flhe pircivisioins of: this oudinance unust be
ri:!moved n IIater Uhan Jurie 1,, 2020. IIEach day a !�)c)r4ble storage struclure reimahns
after, sa�I' idate ciii) nstri'lutes Ia sepw We v�I olabon of this oii&nance.
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 REGULATIONS 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 requested amendments; and
WHEREAS, on October 28, 2019, following notice and publication as required by
1
law, the City Council conducted a public hearing on the proposed amendments to the City
Zoning Ordinance and the Code of Ordinances, left the public hearing open, and tabled the
proposed ordinance, directing staff to make amendments to the recommendations of the
Planning and Zoning Commission; and
WHEREAS, on November 11, 2019, the City Council of the City of Paris continued
the 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 following 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" means shipping containers designed for
intermodal transportation, either with or without a permanent affixed chassis, and
used for the shipment or storage of goods and merchandise. This includes all
varieties of cargo or shipping containers commonly called portable storage units or
PODS.
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 "Area" and "and Apartment" from the caption and to add
subsection d., to read as follows:
"d. Portable storage structure. Portable storage units, intermodal units, and shipping
containers are prohibited for permanent accessory use in all residential zoning
districts.
Section 4. That City of Paris Zoning Ordinance No. 1710 Sec. 14, "Special Area and
Use Regulations, shall be amended by amending Sec. 14-104, "Temporary Construction
Buildings," and by adding Sec. 14.105, "Seasonal Portable Storage," Sec. 14-106,
"Temporary Structure Safety," Section 14-107, "Permanent Portable Storage," and Section
14-108, "Deadline for Removal of Nonconforming Portable Storage Structures," to read in
their entirety as follows:
2
"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 Official. Temporary portable storage units are
allowed for short term use of up to 14 days in any zoning district without a permit from the
Building Official.
"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 the
property has an approved site plan. Duration shall be measured from the time of delivery
to the time of removal. Each day that a portable storage structure remains beyond the
required 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 pose a physical danger to
persons or property, the appropriate law enforcement officers may require the
immediate removal of such temporary structure and shall notify the property owners of
such requirement.
"14-107 Permanent Portable Storage - A portable storage unit may be located as a
permanent storage structure on property within non-residential zoning districts proved
all the following criteria are met:
a. The storage unit is located wholly behind the main building.
b. The storage unit is not visible from any public street. Where the property has
double frontage resulting in an exposed rear yard, screening materials may be used
around the storage unit so as to conceal it from public view when permitted by the
building official.
c. The location of the unit meets all setbacks required by city ordinance.
d. The location of the unit does not obstruct the proper flow of storm water.
e. The storage unit is placed on a compacted, level pad made of an improved surface
in accordance with manufacturer's recommendation.
"14-108 Deadline for Removal of Nonconforming Portable Storage Structures -All
portable storage structures in the city that do not comply with the provisions of this
ordinance must be permanently removed no later than June 1, 2020. Each day a
3
nonconforming portable storage structure remains after said date constitutes a separate
violation of this ordinance."
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 11th of November, 2019 by the City Council of the
City of Paris, Texas 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
4
Steven J. Clifford, M.D., Mayor