2022-009 - Amend Zoning Ordinance 1710 - Sections 9-102, 9-201 and 9-301 Area Regulations for Minimum Lot Areas - Add Section 15-103 NonConforming Uses and Structures and Amend Section 22-100 General DefinitionsORDINANCE NO. 2022-009
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WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not,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
amendments 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 by
law, the City Council of the City of Paris conducted a public hearing on the proposed
amendments to Zoning Ordinance No. 1710, 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 aforesaid amendments would be
consistent with the Zoning Ordinance and the Code of Ordinances and in the best interest
of the public health, safety, and welfare of the citizens of the City of Paris by a vote of 6 ayes
and 0 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 part as follows with the portions of this underlined ordinance being added as
new language to Section 9-102 and with the existing table to follow:
9-102. IN THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT AREA FOR
RESIDENTIAL USE SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(1) Schedule minimum lot areas -Residential districts in square feet *
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*For aITLegal N n- onforming Lot of Rec r th re and to lot size refer to Section
15-1 _dthts 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*
*For.a Le al N n-Conformin y Lot of Record with regard to lot width refer to Section
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*
*)) Lot Record with re-vard t delrth refer to Section
For a Le gal Non-Conformin
15-103 of this Ordinance.
Section 5. 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 Legal Nonconforming Lot of Record. A legal nonconfor lot of record as.
defined in Sec. 22-100 of this Ordinance and existing on February 17.2022 ma be.
used fort the erection of a structure without meetin the minimum lot ar a lot width,
and lot de th re uirements provided that:
A. The use is permitted in the zoning district -
B.
istrictB The ro e�° ec_ ivied ap roval of a final subdivisionlomat by the Paris City
CouncL andhasbeen officiall recorded in the Lamar -Count, r Clerk's Office.
C. The lot has been in a le al nonconforming condition with respect to lot size. width
and depth at all times since creation or has rovedas a final DIat by the
Cit. of Paris as a Planned Devel pt with, reduced lot size width or der)th
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rgquirements;
D. The lot was created compliant with the official controls in effect at that time•
E. The applicant provides written proof of an apfroved subsurfa ewa,:Fe
treatment system TS) dgsign and permit from the Texas Commission on
Environmental luali TCE " where city sewer services are not available:
F. The l t area width and de pith are within sevent -five percent "75° of the
minimum requirements of this Ordinance. In the SF -1 District, 'stin ; lots of
°eater than one.jj acre, and with a width of at least one hundred, 100)
feet may be developed without a variance provided, all other standards of this
Ordinance are met
G. A building permit(s) is are obtained from the Ci
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:
8 Legal Nonconforming
Lot of Record --Any- legal parcel of land alreadv in existence,
recorded or authorized_before the ado tion of the Zonin and Subdivi i rdinances
or amendments thereto that _ WA_ngtt have been,,. 4zrmitted to become established.
undertheterms of the ZoninLl and Subdivision Ordinances as now written if said
ordinances had been in effect prior to the date the lot was established 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 8. 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.
S
cu: �: ° -o Paula Portugal, May,
°app
ATTEST:
I .o°•.
nice Ellis, City Clerk
Mi
ROVED AS TO FORM:
A'A d4Z4,%,",1v.)
Step Janie Harris, City Attorney
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