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2019-046 - Amend Code of Ordinances Section 13 Accessory Building Regulations and Section 14 Special Area and Use Regulations relating to Portable Storage StructuresORDINANCE NO. 2019-046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES 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(April 12, 1965) during 1971 through 1987 and 2012 and in 2016-2019; and WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not, in certain instances, reflect current and appropriate American zoning practice; and WHEREAS, the City of Paris staff and officials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 5 ayes and 5 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. ®�����tg�i\ „,ash'/+J'✓a ''..y - m.:'. .''yry - Stevq" 11. Cliffo� D., Mayor P OVED AS TO FORM: J� Ste h,hnie H. Harris, Ci Attorney p City 4