14 - Amend Chapter 9 Exhibit B Zoning Ordinance Regulations for Lot Size & Section 15Item No. 14
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Public hearing to consider and take action regarding the petition of the City
of Paris to adopt an ordinance amending Chapter 9 Planning and
Development Exhibit B Zoning Ordinance Section 9 Area Regulations for
Lot Size, Width & Depth, Section 15 Nonconforming Uses and Structures
for Building Permits and Section 22 General Definitions Regarding Legal
Non -Conforming Lots of Record
DATE: February 28, 2022
oK"RTII1AI I]
Over the past year staff has informed the Planning & Zoning Commission of the need to update the zoning
regulations regarding substandard lots of record. The City has numerous lots in the interior core that are
slightly smaller than standard requirements, which requires variances in order to build upon. The Board
of Adjustment has processed numerous variances for cases of lot size, width and depth over the years and
requested that the ordinance be amended to address this situation so that these routine approvals may
become administrative and thereby eliminate needless delays for building permits.
RECOMMENDATION
Staff recommends approval of the attached Zoning Ordinance amendment to Sections 9, 15 and 22.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING THE CITY OF PARIS CODE OF ORDINANCES, ZONING
ORDINANCE 1710, OF THE CITY OF PARIS, TEXAS AS HERETOFORE
AMENDED, TO AMEND SECTIONS, 9-102,9-201, AND 9-301 REGARDING
AREA REGULATIONS FOR MINIMUM LOT AREAS, WIDTHS, AND DEPTHS;
TO ADD SECTION 15-103 REGARDING NONCONFORMING USES AND
STRUCTURES; AND TO AMEND SECTION 22-100 REGARDING GENERAL
DEFINITIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, 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 the period from 1971 through 1987, 2012, and in 2016 through
2021; and
WHEREAS, said Zoning Ordinance No. 1710 is currently codified in Chapter 9,
Exhibit B of the City of Paris, Texas Code of Ordinances; 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, there are numerous older lots within the City, the creation of which
predated the enactment of Zoning Ordinance No. 1710 and which do not conform to the
minimum lot sizes required by said ordinance; and
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WHEREAS, fairness and efficiency dictate that with respect to such lots, there
should be an administrative procedure to allow erection of structures on such substandard
lots to allow for development without the necessity of obtaining a variance from the Board
of Adjustment; and
WHEREAS, the creation of such an administrative procedure requires the
amendment of Sections 9-102, 9-201, 9-301, and 22-100 and the addition of a new Section
15-103 of Zoning Ordinance No. 1710; and
WHEREAS, on February 7, 2022, following notice and publication as required by
law, the Planning and Zoning Commission conducted a public hearing on the proposed
gmendments to Zoning Ordinance No. 1710, and following said hearing, made formal
recommendation to the City Council to approve the requested amendments; and
WHEREAS, on February 28, 2022, following notice and publication as required
law, the City Council of the City of Paris conducted a public hearing on the propos
amendments to Zoning Ordinance No. 1710, and having considered the recommendation
the Planning and Zoning Commission and the testimony and evidence introduced at sai
public hearing, found and determined that approving the aforesaid amendments would
consistent with the Zoning Ordinance and the Code of Ordinances and in the best intere
of the public health, safety, and welfare of the citizens of the City of Paris by a vote
—ayes and —nays,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS THAT:
Section 1. The findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. Section 9-102 of Chapter 9, Exhibit B, of the Code of Ordinances shall be
amended in nart as follows with the oortions of hL �tninff
I'MUMEMMIUMNEW ME
(1) Schedule minimum lot areas- Residential districts in square feet *
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*For a Lega1a.N.on-ConforminLot of Record with regard to lot size, refer..to Section,
15-.103 of this Ordinance.
Section 3. Section 9-201 of Chapter 9, Exhibit B of the Code of Ordinances shall be
amended in part as follows with the portions of this underlined ordinance being added as
new language to Section 9-201 and with the existing table to follow:
9-201. IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT WIDTH FOR
RESIDENTIAL USES SHALL BE IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE:
(1) Schedule minimum lot widths -Residential districts*
*Fora LeFalmNon-ConforminmLot .of Record with regard to lot width refer to._Secton
15-103 of this Ordinance.
Section 4. Section 9-301 of Chapter 9, Exhibit B of the Code of Ordinances shall be
amended in part as follows with the portions of this underlined ordinance being added as
new language to Section 9-301 and with the existing table to follow:
9-301. IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT DEPTH FOR
RESIDENTIAL USES SHALL BE IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE:
(1) Schedule minimum lot depth -Residential districts*
*For a Legal Non -Conforming Lot of Record with regard to lot depth, refer to Section
15-103 of this Ordinance.
Section S. Section 15, "Nonconforming Uses and Structures," of Chapter 9, Exhibit B
of the Code of Ordinances shall be amended in part to add a new Section 15-103 as follows:
15-103 LealNonconforming Lot of Record. A legal nonconformmi lot of record as
defined in Sec. 22-100 of this Ordinance and exi.stin , on February 17 2022 mai be
used for the erection of a structure without meetin the minimum lot area lot width,
and lot delath recuirements1,)rovided.that;_
A, The use is permittedinthe zoning district;,
B. The.._picoperty received aliproval of a final sub.d. vis on . at b the Paris Cite
Council and has been officially recorded in the Lamar Couni Clerk's.. Office.
C. The lot has been in a leal..nonconforming condition with respect to lot size,width
and del:)th at all times since creation. or has been a p .)roved aa.,a final plat b the
City. of Paris as a Planned...Develoliment with reduced lot size width or ITdeptth
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requirements,.
D. The._lot_was created compliant with the official. controls in effectITat_that time
E. The ..al ljicant provides written proof of an .._approved subsurface sewage
treatment s stem_ (SSTS, desinw and permit, from the Texas Commission on
Environmental_Quality TCEQ�_wh.ere city sewer services are not available: _
F. The lot area width and depth arewithinseventy-fivQ...percent (75% of the
minimum requirements of this Ordinance. In the SF -1, District existing lots„ of
record .greater than one l acre and with a width of at least one hundred (100
feet mamm be develo�:ed�wi_thout_ a variance, provided all other standards of this
Ordinance are met:
G..ITA buildinL Dermitfs),.is are obtained from the. Ci I;
Section 6. Section 22-100 of Section 22, "General Definitions," of Chapter 9, Exhibit
B, of the Code of Ordinances shall be amended to add the following definition, to be
numbered and inserted as Subsection (58) with the remaining subsections renumbered
accordingly as appropriate:
(58) Legal Nonconforming Lot of RecordW--My.legal parcel of land.a.1ready in existence
recorded or authorized before the adoption of the Zo
ning and Subdivision Ordinances
or amendments thereto that would not have been permitted to become established
under the terms of the Zoning and.Subdivision Ordinances... as now written if said
ordinances had been in effect prior to the date the.. lot was_estabhshed� recorded or
authorized.
Section 7. 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 B. 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 9. 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
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partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 10. 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 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 11. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
PASSED AND ADOPTED on this 28th day of February, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie Harris, City Attorney
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