20 - Zoning Ordinance Amendment to Exhibit 9B Ordinance 8-501 Home Occupations to add (1) j Catererq,V �
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Item No. 20
TO: Mayor, Mayor Pro -Tem and City Council
Grayson Path, City Manager
FROM: Triniti Frazier, Community Development Coordinator
SUBJECT: Conduct a public hearing and take action regarding the petition of Clint
Cheatwood for a text amendment to Exhibit 9B Zoning Ordinance 8-501 Home
Occupations to add (1) j. Caterer and to provide regulations related thereto.
MTG. DATE: December 11, 2023
BACKGROUND
Mr. Clinton Cheatwood approached the City and the Lamar County Health District regarding
the use of an accessory building in his rear yard for a commercial catering kitchen. The single-
family homestead residence is located at 4750 Pine Mill Road, is zoned an Agricultural District
and contains 3.37 acres of land. The Planning Commission instructed city staff at its October
02, 2023 meeting to pursue a formal text amendment of Section 8-501 Home Occupations of the
Zoning Ordinance to add Caterer as a permitted use.
The county agency has indicated that their licensing regulations will permit this, provided it is
in a completely separate structure on residential property. The principal use of the property will
remain for single-family residential use. The proposed change would add the below text to the
Home Occupation ordinance:
8-501 (1) j. Caterer- defined as a person or company that makes or serves food and/or drinks
for social events or other gatherings. One who caters; provided that all requirements of this
section are met as well as the following additional requirements:
A. A minimum lot size of one and one half (1 Y2) acres is required in a single-family
residential zoning district (A, SF -1, SF -2, SF -3).
B. Not more than one (1) commercial vehicle shall be parked on the property.
C. The applicant shall be in compliance with the Lamar County Health Department
regulations and applicable city building and fire department regulations.
D. The home occupation permit is valid for a term of 12 -months from the date of
issuance. Each Home Occupation Caterer is responsible for obtaining a valid
certificate from the City of Paris Build Official to operate.
Page 1 of 5
City staff received one zoning input form that was in favor of the petition.
The Planning & Zoning Commission recommended approval of the text amendment at its
December 4, 2023 meeting. Motion carried, 5 ayes — 0 nays.
RECOMMENDATION
Approve of the text amendment to add Caterer and related regulations to 8-501 Home
Occupations of Exhibit 9B of the Zoning Ordinance.
"EXHIBIT A"
8-500
HOME OCCUPATIONS
8-501
A home occupation, as defined in Section 8-201(16) [8-201(45)], may be conducted in single-family
residential zoning districts (A, SF -1, SF -2, SF -3) with a permit granted under this Section when such use
is clearly subordinate or incidental to the principal use of the premises for dwelling purposes.
1. Home occupations which are conducted as limited by Section 8-502 below and which have the
general character of the following uses are permitted:
a. Artist, photographer, sculptor.
b. Author, composer, editor, translator, writer.
c. Contractor or service business; provided that all requirements of this section are met as well as the
following additional requirements:
A. Not more than one (1) commercial vehicle shall be parked on the property.
B. No contracting equipment or materials shall be stored on the premises, except in a commercial
vehicle used for transporting said equipment and materials between jobs, and no loading or
unloading shall be done on or in the vicinity of the premises.
d. Dressmaker, seamstress, and tailor.
e. Home crafts such as lapidary work, macram6, model making, and weaving.
f. Office of an ordained minister of religion.
g. Office of an accountant, architect, bookkeeper, broker, clerical service, computer programmer,
consultant, dentist, counselor, engineer, instructor in the arts and crafts, insurance agent, land
surveyor, landscape architect, lawyer, musician, physician, real estate broker, or telephone service.
h. Office of a salesman, sales representative, or manufacturer's representative.
L Repair services, such as musical instruments, watches and clocks, small household appliances, and
toys or models.
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yrfflauwamig additional Hca,qhu�rei aia,;nits
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zaar i.:aa.ip district (A,, SIF,1, �p�l���a� �, ST!,"...3)o �.
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and aapp licaaia (', icstye fly ui ldiri.i; and lire, ak,1_, am pu naw,m° t regulations,
IL. 1C ]"aaaauaa, a:�C(:u paalioa ii p)ena:a.yt is vaald for as te'raaa of p1 :anaanfliis fyauaau O:he �J aw of, iss^ aaance,
acli� ll ]loira ie Oc(,%u paatio. a Cara:pa.aa.a as re ,,p.monGsibie F(,ma ralay.ainiriig a valid evilificate ffrorn tfle City
of Il lain is Build Official to a lllpaw,m. ape.
2. It shall be illegal to conduct any occupation in a dwelling unless specifically authorized in
accordance with other provisions of this ordinance. Occupations not permitted in a dwelling as a
home occupation shall include, but not be limited to, those with the general characteristics of the
following:
a. Amusement or dance parlor.
b. Antique shop.
c. Barber shop or beauty salon.
d. Funeral home or chapel.
e. Gift shop,
f. Kennel or other boarding of animals.
g. Medical or dental clinic, hospital, nursing home.
h. Office of a health care provider when special mechanical equipment is required.
L Motor vehicle repair or sales.
j. Day care center or nursery school.
k. Tattoo parlor.
I. Fortune teller, palm reader, or similar services.
m. Repair or testing of internal combustion engines.
n. Restaurant or tearoom.
o. Tourist home, boarding house, rooming house.
p. Veterinary clinic or animal hospital.
I;
All home occupations shall meet the following criteria and standards:
1. The use shall be conducted entirely within the dwelling unit, and there shall be no on-site
employment or use of labor from persons who are not bona fide residents of the dwelling, except a
disabled resident may employ assistance from one (1) person at a time who is not a resident and
whose assistance is limited to overcoming the effect of the disability.
2. The area set aside for a home occupation shall not exceed twenty (20) percent of the total floor area
of the residence, including garages. The permissible floor area includes that space necessary for
storage of goods or products associated with the home occupation.
3. Merchandise offered for sale shall be clearly incidental to the home occupation; provided, however,
that orders may be taken for later delivery off the premises.
4. Delivery of products to the home for business purposes shall not occur more frequently than twice a
week. Delivery by trucks or vehicles not ordinarily utilized for residential deliveries shall be
prohibited.
5. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted
material or other Performance Standards elements shall be stored on-site,
6. No mechanical equipment other than that ordinarily utilized within a dwelling unit for household or
hobby purposes shall be permissible.
7. No activity shall be conducted which would interfere with radio or television transmission in the
area, nor shall there be any offensive noise, smoke, dust or heat noticeable beyond the premises nor
shall there be any other violations of Performance Standards.
8. No home occupation shall require external alteration of the residence or other visible evidence of the
conduct of such home occupation.
9. The operation of the home occupation shall not cause or encourage excess vehicular or pedestrian
traffic not ordinarily associated with the residential area in which the home occupation is conducted
except under the following conditions:
a. Public access to the home occupation shall be by invitation only and there shall ordinarily be no
more than one (1) vehicle not owned by the occupants on or adjacent to the property for business
purposes except that appointments may overlap for a titne period not exceeding thirty (30) minutes;
b. Occasional parties, meetings or classes associated with home occupations are permissible. The
parties, meetings or classes shall in no case be held more than four (4) times monthly and vehicles
shall in no way impede the safety and flow of traffic within the neighborhood.
10. (Reserved)
11. Home occupations shall be restricted to the hours of 8:00 a.m. to 9:00 p.m.
12. (Reserved)
13. There shall be no outside display, storage, or sale of merchandise or equipment.
14. There shall be no audible noise, detectable vibration, or odor beyond the confines of the subject
dwelling or accessory building, including transmittal through vertical or horizontal party walls nor
there any other violations of Performance Standards.
15. Instruction of students (including delivery of materials clearly incidental to training) and service to
clients or customers shall be limited to twelve (12) persons per day but in no event more than four
(4) persons at any one (1) time.
16. The lot or property on which the home occupation is conducted shall not have any parking space
added to it during the time the home occupation is being conducted; nor shall any parking space be
used that was not customarily used prior to that time. The application for approval shall show a
sketch of the parking spaces customarily in use at the time of application and the applicant shall
agree that parking shall not be increased during the period the approval is in effect. During the
period the approval is in effect, no motor vehicle shall be parked at any place on the lot or property
not represented as a parking space on the sketch attached to the application.
8-503
All home occupations are required to obtain a home occupation permit by application to the Community
Development Department. Such permits shall be issued only upon a positive finding that an application
complies with all the requirements set out herein. Approval is personal to the applicant and shall not run
with the land. The annual fee for such permit shall be $25.00. Approval shall expire one (1) year from the
date of issuance, at which time the permit may be renewed by the Community Development Department
based upon findings that the requirements of this ordinance are being met. The applicant is required to
contact the Community Development Department at least sixty (60) days prior to the expiration of the
permit in order to seek a renewal.
8-504
A home occupation permit shall be subject to cancellation in the event of any noncompliance with or
violation of any provisions of this ordinance. Cancellations take effect immediately upon a finding of
noncompliance.
8-505
The existence of a home occupation shall not be justification for a zoning change to neighborhood service,
retail, commercial, or industrial use or any other zoning classification that is inconsistent with the
Comprehensive Plan and/or the character of the residential community wherein the home occupation
permit has been approved.
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," SECTION 8-500, "HOME OCCUPATIONS," TO PROVIDE
REGULATIONS FOR CATERING AS A HOME OCCUPATION AND TO
REGULATE SAME; 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 allow, by permit, catering as home occupation and
to provide appropriate regulations therefor; and
WHEREAS, on December 4, 2023, 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 December 11, 2023, 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 Section 8-105, "Home Occupations," subsection 1. to Section 8, "Use
of Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same
is hereby amended by adding subsection j., "Caterer," to read as follows:
8-501
Caterer- defined as a erson or com an . that makes or serves food and or drinks
for social events or other gatherings off remises; one who caters. In addition to the
requirements for all home occupations set forth in this section a catpring home
occu nation business must also meet the following additional reg uir ments,;
A. A minimum lot size of one and one half 1 acres is reg uired in a sin le -
family residential zonin district A SF -1 SF -2, 517-31.
B. Not more than one .1 c mmercial vehicle shall be narked on the 4 rope,
C. The applicant shall be in compliance with the LqmaE_County Health
lartment regulations and a licable ci . buildin and fire department
regulations.
D. The home occupation pprMft is valid for a term of 12 -months from the date of
issuance. EachHome. Occu ation Caterer is responsible for obtaining a valid
certificate from the_Cit of Paris Build Official to oeratem
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 5. 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.
2
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. 1-6 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 11th day of December, 2023.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
3
Reginald B. Hughes, Mayor