16 - New Land Use Definition for Vehicle Storage FacilityItem No. 16
TO: Mayor & City Council
FROM: Grayson Path, City Manager
SUBJECT: ZONING ORDINANCE — NEW LAND USE DEFINITION FOR VEHICLE
STORAGE FACILITY
DATE: October 26, 2020
BACKGROUND: At the September Planning and Zoning Commission meeting, staff presented
a new land use for vehicle storage facilities for consideration. The commission discussed the use
and provided direction for the draft ordinance. Provided herein is the background of why this is
needed.
City staff was approached about a proposed development for a vehicle towing business with an
onsite vehicle storage yard. These facilities are highly regulated by the Texas Department of
Licensing and Regulations (TDLR), as well as Chapter 35 of the city ordinance. However, the
most similar land use provided in the Zoning Ordinance is Wrecking/Salvage Yard, which is only
allowed in heavy industrial districts with a specific use permit (SUP). A new land use is needed
in order to differentiate between a vehicle storage lot and a wrecking yard.
Regulations for wrecker, towing and storage facilities are provided in Chapter 35 of city ordinance,
which provides a definition for vehicle storage facility as follows:
"Vehicle stora a facility means a state licensed garage, parking lot, or any type of facility
owned by a person other than a governmental entity for storing or parking vehicles as
defined by state law."
These facilities are used to store vehicles until such time that the owner arranges to pick it up or
the vehicle is auctioned. Per TDLR regulations, a vehicle accepted for storage at a licensed vehicle
storage facility may not be repaired, altered, or have parts removed or replaced without consent of
the vehicle owner or owner's authorized representative.
For clarity and consistency with Chapter 35 of city ordinance, staff recommends that the Zoning
Ordinance be amended to include a new definition for vehicle storage facility, as well as to assign
the appropriate districts in which this land use is to be permitted.
Because there needs to be a distinct difference between vehicle storage facility and any facility
allowing wrecking and salvage of parts and scraps, staff is recommending the following definition
be added to the Zoning Ordinance:
Vehicle storage facility means a state licensed garage, parking lot, or any type of facility
owned by a person other than a governmental entity for storing or parking vehicles as
defined by state law, where no vehicle repairs or dismantling of parts is permitted.
When deciding the appropriate zoning districts for vehicle storage facilities it is important to
consider the type of operations at these facilities and how that may impact surrounding land uses.
It is extremely important that this type of business have access to an arterial street so that towing
of vehicles to the storage facility can be achieved along major roadways without entering quiet
neighborhoods. Also of importance is the visibility of stored vehicles from the public way, and
what sort of aesthetic impact the storage lot may have on the surrounding area. Unlike used car
lots, these vehicles could be wrecked or in various states of disrepair. Therefore is it recommended
that any vehicle storage areas be reasonably screened from public view.
Similar automobile—related land uses already in the Zoning Ordinance include Commercial Auto
Parking Lot, Truck Parking Lot, Auto Sales & Repair, New or Used Car Lot, and Auto Fuel Sales.
All of these uses are allowed in Commercial, Light Industrial and Heavy Industrial districts.
Considering these points, staff recommends that the Zoning Ordinance be amended to add Towing
with Vehicle Storage Lot as a new land use, and amend Section 8-105 to allow this use in the
Commercial Districts by SUP, and outright in Light Industrial and Heavy Industrial Districts.
STATUS OF ISSUE: The attached draft ordinance amendment was presented at the October
Planning & Zoning meeting, and recommended for approval with a 7-0 vote.
RECOMMENDATION: Approve of an amendment to Sections 8-105,12-100, and 22-100 of the
Zoning Ordinance, adding Towing and Vehicle Storage Facility as a land use, and listing the use
as permitted outright in the Light Industrial and Heavy Industrial districts, and also allowed in the
Commercial District with a Specific Use Permit.
8-105 AUTOMOBILE TYPE USES
12-100. SPECIFIC USE PERMITS
The City Council of the City of Paris, Texas, after public hearing and proper notice to all parties affected
and after recommendations by the Planning and Zoning Commission may authorize the issuance of specific
use permits for the following types of uses in the following districts:
SECTION 22. GENERAL DEFINITIONS
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.
s
meansa��l:a�tl:o Vuosi°ie4�.1 garage, IParhuiiri„ Il�t:m o�aii�.)y type
o:u!'" II:bc! Vuty owned by a ' eirso (0her ffia ern mentriiV enilfly for stodng or IIDarkuuig
vet' i� es as efln&] II date II«i i, wher4:111 no vehiclerepairs or disina1711117g Of P4311S A:
perry'#tted,,
[Section renumbered accordingly]
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 SECTION 8, "USE OF LAND
AND BUILDINGS;" BY AMENDING SECTION 12, "SPECIFIC USE PERMITS;"
BY AMENDING SECTION 22, "GENERAL DEFINITIONS;" 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 through the present; 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, in particular, to provide for a definition and zoning regulations for
vehicle storage facilities; and
WHEREAS, on October 5, 2020, 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 26, 2016, 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:
1
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Sections 8-105, "Automobile Type Uses," in Section 8, "Use of Land
and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby
amended to allow "Towing with Vehicle Storage Facility" as a permitted use in Light
Industrial (LI) and Heavy Industrial (HI) zoning districts, and by specific use permit in
Commercial (C) zoning districts as set forth in Exb bit Ay, attached hereto and incorporated
herein by reference.
Section 3. That Section 12-100 in Section 12, "Specific Use Permits," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to add the
following subsection (57):
"(57) Vehicle storage facility must have a specific use permit to locate in a Commercial
(C) zoning district."
Section 4. That Sections 22-100 in Section 22, "General Definitions," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to add
subsection (119) providing a definition for "Vehicle Storage Facility" as follows:
"(119) Vehi lo stora'ej6cifity means a state licensed garage, parking lot, or any type
of facility owned by a person other than a governmental entity for storing or parking
vehicles as defined by state law, where no vehicle repairs or dismantling of parts is
permitted."
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
N
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.
PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session
on this the 26th day of October, 2020.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
3
Steven J. Clifford, M.D., Mayor