16 - Amend Zoning Ordinance 1710 specifically modifying regulations for residential uses in General Retail and Commercial Zoning DistrictsItem No. 16
Memorandum
TO: City Council
FROM: Grayson Path, City Manager
SUBJECT: ZONING ORDINANCE — RESIDENTIAL USES IN RETAIL AND
COMMERCIAL DISTRICTS
DATE: November 9, 2020
BACKGROUND: The City Council has requested that the Planning and Zoning Commission
review and consider an amendment to the zoning ordinance that would allow residential uses in
Commercial (C) and General Retail (GR) districts, specifically where the structures were originally
built as residential homes. At the September Planning and Zoning Commission meeting, three
options were presented to the commission and direction was provided for staff to proceed with a
draft ordinance allowing residential uses in C and GR by specific use permit (SUP). There was
discussion of whether to or not to limit the use to existing single family homes or to allow new
construction, with the commission split on the final recommendation. At its October meeting, the
Commission determined that it preferred the option whereby residential uses would be allowed in
the C and GR zoning districts with an SUP, regardless of whether the use is of an existing structure
or of a newly constructed structure.
STATUS OF ISSUE: At its November 2, 2020 meeting the Commission unanimously approved
an amendment to the zoning ordinance to allow single family residential land use within the C and
GR zoning districts by SUP as follows:
Allow Residential Uses in GR and C Districts b'y Sliecific Use Permit ( SUP) Only.
Each residential use proposed in the GR and C districts would be determined on a case-by-case
basis. Regardless of the type of structure, an applicant (once approved by P&Z and Council) could
remodel an existing building OR build a new building to be used for residential purposes in the
GR or C districts. This accommodates the land use while maintaining the underlying zoning
district, and would avoid the use of spot zoning for these types of applications.
RECOMMENDATION: Approve the attached ordinance amending City Ordinance No. 1710,
Sections 8-101 and 12-100 to allow single family residential uses in the Commercial and General
Retail zoning districts by Specific Use Permit, and adding a definition for the Specific Use Permit
residential structures.
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;"
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 the allowance of single family
residential uses in General Retail (GR) and Commercial (C) zoning districts with a Specific
Use Permit; and
WHEREAS, on November 2, 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 November 9, 2020, 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:
P
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Sections 8-101, "Primary Residential 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 "One -Family Dwelling Detached" and "One -Family Dwelling Attached (1)"
by specific use permit (SUP) in General Retail (GR) and Commercial (C) zoning districts as
set forth in Exhibit A, 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 (58):
"(58) One -Family Dwellings in the GR or C Districts. "
Section 4. 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 5. 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 6. 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 7. 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.
PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session
on this the 9th day of November, 2020.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
8-101 PRIMARY RESIDENTIAL USES