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20 - Amend Zoning Ordinance 1710 Section 12-100(33)Item No. 20 TO: Mayor & City Council Grayson Path, City Manager FROM: Andrew Mack, Director of Planning & Community Development SUBJECT: Zoning Ordinance No. 1710, Section 12-100(33) DATE: May 24, 2021 BACKGROUND: This is a clean-up amendment to remove Section 12-100(33) because it conflicts with Chapter 4 of the Code of Ordinances, Article 4.08, Manufactured Homes, Mobile Homes and Special Vehicles, and because it conflicts with recent changes to the zoning ordinance restricting the location of mobile homes to the Light Industrial (LI) zoning district and in mobile home parks. STATUS OF ISSUE: The operative text of the ordinance will be as follows: Section That the City of Paris Zoning Ordinance No. 1710, Section 12-100(33) regarding specific use permits for mobile homes in various zoning districts shall be deleted in its entirety. RECOMMENDATION: Staff recommends approval of the Ordinance amending Zoning Ordinance No. 1710, Section 12-100(33) by deleting it. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CITY ORDINANCE NO. 1315, SUBDIVISION REGULATIONS OF THE CITY OF PARIS, AS HERETOFORE AMENDED, TO REPEAL SECTION 12-100(33) RELATING TO MOBILE HOMES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, by city Ordinance No. 1315, the City Council of the City of Paris enacted a Subdivision Ordinance to regulate subdivision and development of land located inside the corporate City limits and the extraterritorial jurisdiction of the City of Paris, Texas; and, WHEREAS, on January 9, 2017, by Ordinance No. 2017-002, the City Council adopted Chapter 4, Article 4.08, "Manufactured Homes, Mobile Homes and Special Vehicles" restricting the placement of mobile homes and manufactured homes to manufactured home parks, and furthermore, the City Council amended Zoning Ordinance 1710, Sec. 8-101 restricting manufactured home parks to the Light Industrial (LI) zoning district; and, WHEREAS, in an oversight, said Ordinance 1315 Section 12-100(33), relating to specific use permits for mobile homes in various zoning districts, in conflict with the changes made by Ordinance No. 2017-002, was not deleted; and WHEREAS, the City Council desires to repeal Subdivision Ordinance Section 12- 100(33) to make it consistent with the changes made by Ordinance 2017-002; and WHEREAS, at its May 3, 2021 meeting, after conducting a public hearing, the Planning and Zoning Commission considered the repeal of Section 12-100(33) and made formal recommendation to the City Council to approve the requested amendment; and WHEREAS, at the May 24, 2021 meeting of the Paris City Council, the City Council, after conducting a public hearing, 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 the proposed changes to the City's Subdivision Ordinance, as set out below, are in the best interest of the city and its citizens and should be approved. 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 Ordinance No. 1315, Section 12-100(33) regarding specific use permits for mobile and manufactured homes in various zoning districts shall be repealed in its entirety. Section 3. 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 4. 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 S. 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 6. 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. 1.01.009 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 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this the 24th day of May, 2021. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney