17 - No Parking on vacant residential lot and unimproved and unsurfaced non-residential vacant lotNo. 17
TO: Mayor, Mayor Pro Tem & City Council
FROM: Robert Vine, Interim City Manager
Richard Salter, Chief of Police
Robert Talley, Code Enforcement Supervisor
SUBJECT: No Parking Ordinance
DATE: July 22, 2024
BACKGROUND:
Off-street parking is regulated under the City's Zoning Ordinance, Section 9B-10-111 entitled
"Use of Parking Areas". The ordinance currently requires that (a) identified off-street parking be
reserved for parking and no other use; (b) parking in the front yard must occur on the driveway
(surfaced, or if unsurfaced where a driveway might logically be); and (d) semi -trucks are not
allowed to be parked in specific residential zones (unless expeditious loading / unloading is
occurring). Otherwise, parking of vehicles (other than semi -trucks) can occur in the side and/or
rear yards of the residential property. The intent of this code is to maintain a neat and orderly look
to the surrounding neighborhood.
An issue that is not addressed is off-street parking in 1) a vacant residential lot and/or 2) an
unimproved and unsurfaced vacant non-residential lot. The Police Department and Code
Enforcement Department continue to receive complaints about vehicles across town parked in such
vacant lots. Typically, vehicles are being left for long periods of time unattended (junk and
rubbish), are leaving ruts / damage to the properties that go unfixed and make it hard for them to
be maintained (nuisance violations — tall grass and weeds), and/or are associated with large
gatherings (noise, trash, etc.). Overall, there are issues that can run afoul of the intent of
maintaining a neat and orderly neighborhood.
STATUS OF ISSUE:
City Staff have developed the attached proposed amendment, adding 9B -10-111(c). This would
make it illegal to park a vehicle on 1) any vacant residential lot and 2) any unimproved and
unsurfaced (non-residential) vacant lot. The prohibition in #1 disallows improved and/or surfaced
residential vacant lots. A defense to this ordinance is when the vehicle is successfully screened
pursuant to our codes under Article 4.11.
A cleanup edit is proposed for 9B -10-111(d) to add "four -family dwelling district (4F)" to the list
of residential districts, which should complete the list of all residential districts.
BUDGET:
There are no significant budgetary implications due to this amendment. Some enforcement costs
as well as fines may occur, but these would be minimal amounts as compared to the budget.
RECOMMENDATION:
The Planning & Zoning Commission voted unanimously at its July 15, 2024, meeting. Motion
carried, 5 ayes — 0 nays to recommend to the City Council to approve the draft amendment to 913-
10-111.
913-10-111 USE OF PARKING AREAS
(a) Required off-street parking spaces and associated aisles and maneuvering areas shall be used
for vehicle parking only. No sales, storage, or display of merchandise (including
automobiles), inventory, materials, sanitation containers, or supplies or repair work or
dismantling shall be permitted in such areas. Under no circumstances shall a required parking
space be used for any purpose other than parking.
(b) No car, truck, or other vehicle shall be parked on an unsurfaced area of the front yard if the
lot has a concrete, asphalt, or gravel driveway. If the driveway is unsurfaced and was in
existence prior to September 1, 1989, no car, truck, or other vehicle may be parked in any
portion of any yard other than that area which is logically intended to be used as a driveway,
including areas located in front of a garage or carport or that are located to one (1) side of the
lot.
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(d) It shall be unlawful for any person to leave, park or stand any truck tractor, road tractor, trailer,
semi -trailer, bus, or any commercial motor vehicle with a rated capacity of one and one-half
(1-1/2) tons or more according to the manufacturer's classification, or the equivalent thereof,
upon any part of the front, side, or rear yard, whether paved or unpaved, within or adjacent to
any area zoned as either a one -family dwelling district (SF -1, SF -2 or SF -3), two-family
dwelling district (2F), �,fkttict (14i 1") or multiple -family dwelling district
(MF -1 or MF -2) under the zoning ordinance of the City. This section shall not prevent the
parking or standing of the above-described vehicles in such zoned areas for the purpose of
expeditiously loading and unloading of passengers, freight, or merchandise.
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, SEC. 10-111, "USE OF PARKING AREAS"
RELATING TO PARKING ON VACANT LOTS; PROVIDING A REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING 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 and in 2016-2021; and
WHEREAS, portions of the Paris Zoning Ordinance are outdated, and therefore do
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, the city staff has identified an issue with the parking of motor vehicles on
vacant lots in the city, and in particular parking on unimproved or unsurfaced vacant lots,
which is unsightly and disorderly; and
WHEREAS, furthermore, in residential zoning districts, parking on any vacant lot
whether surfaced or otherwise gives rise to a disorderly look that can result in devaluing
surrounding properties, thus negatively impacting owners of private residences in
neighborhoods; and
WHEREAS, Zoning Ordinance No. 1710 Sec. 10-111(d), prohibiting the parking of
certain large and commercial vehicles in residential districts was adopted prior to the
creation of residential district 4F (Four -family Dwelling District), and it is desirable to add
Zoning District 4F to the districts in which such parking is prohibited; and
WHEREAS, city staff has proposed amendments to Zoning Ordinance No. 1710, Sec.
10-111 to prohibit parking on vacant lots in residential districts and on unimproved lots in
any zoning district, and to add Zoning District 417 to Sec. 10-111(d); and
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WHEREAS, on July 1S, 2024, 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 July 22, 2 02 4, 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 the City Code of Ordinances, 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 City Zoning Ordinance and the City Code of
Ordinances, 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:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved and are incorporated herein for all purposes.
Section 2. That City of Paris Zoning Ordinance No. 1710 Sec. 10-111(c) and (d) shall
be amended to read in its entirety as follows:
"10-111 USE OF PARKING AREAS"
[(a) and (b) remain unchanged]
°(c) [Reserved It shall be unlawful for anrvy,... erson.to leave iark,or stand.any car.
truck, or other vehicle, motorized or otherwise, or to allow any Derson to leave, spark,
or stand any such vehicle on prO.Derty owned by him or her, on a vacant lot in any
area zoned as either a one-fam, ly dwelling..district SF -1 SF -2 or SF -3 two-family
dwelling district 2F four -family dwelling district L4F. .or..multjp e -family dw_ eh n
district MF -1 or MF -2 under the zoning ordinance of the City. It shall be unlawful
for any person to leave park or stand any car, truck or other vehicle ITmmotorized or
otherwise or to allow any person to leave park or stand any such roomerty owned
by him or„ hers on..an unimproved and unsurfaced vacant lot in any zoning district in
the City. Each vehicle parked in violation of this section shall constitute a se crate
offense and each day a vehicle is � parked in violation of this ordinance shall constitute
aITseparate offense. It shall be a defense to this section if the vehicle is parked.behind
a lawful screened fence.
"(d) It shall be unlawful for any person to leave, park or stand any truck tractor, road
tractor, trailer, semi -trailer, bus, or any commercial motor vehicle with a rated
capacity of one and one-half (1-1/2) tons or more according to the manufacturer's
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classification, or the equivalent thereof, upon any part of the front, side, or rear yard,
whether paved or unpaved, within or adjacent to any area zoned as either a one -
family dwelling district (SF -1, SF -2 or SF -3), two-family dwelling district (2F), four -
family dwelling district (4EI (4Eor multiple -family dwelling district (MF -1 or MF -2)
under the zoning ordinance of the City. This section shall not prevent the parking or
standing of the above-described vehicles in such zoned areas for the purpose of
expeditiously loading and unloading of passengers, freight, or merchandise."
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. This ordinance shall become effective on from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 22nd of July, 2024 by the City Council of the City of Paris,
Texas in regular session following notice and publication as required by law.
Mihir Pankaj, Mayor
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ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney