2026-021 - Amending Zoning Ordinance No. 1710, Section 17-100, “Creation of Building Site,” of the Code of Ordinances to provide a limited residential addition exceptionORDINANCE NO. 2026-021
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING
ZONING ORDINANCE 1710, SECTION 17-100, "CREATION OF
BUILDING SITE," OF THE CODE OF ORDINANCES TO PROVIDE A
LIMITED RESIDENTIAL ADDITION EXCEPTION; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Zoning Ordinance 1710 Section 17-100 of the Code of Ordinances
requires creation of a building site prior to issuance of a permit for construction of a
building-, and
WHEREAS, the original intent of Section 17-100 was to prevent construction on
raw acreage without compliance with subdivision and infrastructure requirements; and
WHEREAS, in certain circumstances, modest additions to existing owner -
occupied single-family dwellings have triggered platting requirements even where no
subdivision of land is occurring; and
WHEREAS, the City Council desires to reduce unnecessary economic burden on
existing homeowners while preserving full authority over subdivisions, dedications, and
public infrastructure; and
WHEREAS, City Staff has proposed a limited amendment to Sec. 17-100 to
allow for same, and
WHEREAS, on June 1, 2026, 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 June 22, 2026, 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 5 ayes and
0 nays.
NOW, THEREFORE, BE IT RESOLVED 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 Section 17-100,
"Creation of Building Site, is shall be hereby amended hereby as follows:
"§17-100 Creation of Building Site.
"No permit for the construction of a building, eF buildings or additions upon any
tract or plot shall be issued until a building site, building tract, or building lot has
been created by compliance with one of the following conditions:
"a. The lot or tract is part of a plat of record, properly approved by the
Planning and Zoning Commission, and filed in the Plat Records of Lamar
County, Texas.
"b. The site, plot, or tract is all or part of a site plan officially approved by
the Planning and Zoning Commission, which site plan provides all utility
and drainage easements, alleys, streets, and other public improvements
necessary to meet the normal requirements for platting, including the
designation of building areas, and such easements, alleys, and streets
have been acquired and properly dedicated and the necessary public
improvements provided, and otherwise addresses all requirements of the
City of Paris Subdivision Regulations, as applicable, and as from time to
time shall be amended.
"c. The plot, tract, or lot faces upon a dedicated street and was separately
owned prior to the effective date of this ordinance or prior to annexation to
the City of Paris, whichever is applicable, in which event a building permit
for only one main building may be issued on each such original separately
owned parcel without first complying with subsection either17 1 1 a. or
b.
"d. Limited Residential Addition Excer)tion.
"Notwithstanding subsections (a), (b), and (c) above, a building permit
may be issued for an addition to an existing owner -occupied single-family
detached dwelling when all of the following conditions are met:
1. The proposed work does not involve the division or subdivision of land;
2. No lot boundary_ is beinq altered, relocated, eliminated, or created;
3. No dedication of public right-of-way is required;
4. No new public easement is required and no existing public easement is
being relocated;
5. The addition does not create a second dwelling unit or increase
residential density;
6. The gross floor area of the proposed addition does not exceed thirtV-
five percent (35%) of the gross floor area of the principal structure as
lawfully existing at the time of application;
7. The property has legal access to a dedicated public street;
8. The lot remains in compliance with all applicable zoning, drainage,
floodplain, and building regulations.
9. The proposed addition does not result in the violation of applicable
setback regulations.
"For purposes of this subsection, cumulative additions constructed after
the effective date of this ordinance shall be aggregated when determining
compliance with the thirty-five percent (35%) limitation.
"Owner occupancy shall be demonstrated by current homestead
exemption documentation from the Lamar County Appraisal District or by
sworn affidavit acceptable to the City.
"Nothing in this subsection shall:
1. Authorize the subdivision of land without compliance with applicable
state law;
2. Waive any requirement for plat approval where dedication of public
improvements is required;
3. Permit development on property that constitutes an unlawful
subdivision;
4. Limit the City's authority to enforce subdivision regulations or require
plat approval when required by law."
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.
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 day of June, 2026 by the City Council of the
City of Paris, Texas in regular session following notice and publication as required by law.
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Mihir Pankaj, Mayor
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Janice Ellis, City Clerk )rvut-'
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Ste7ph4nie H. Haffis, City Attorney