2008-004-ORD-ADDING NEW CHAPTER 22.5ORDINANCE NO. 2008 -004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, ADDING A NEW CHAPTER 22.5 ENTITLED OUTSIDE
STORAGE TO THE CODE OF ORDINANCES OF THE CITY OF PARIS,
TEXAS; 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 Council of the City of Paris, Texas created a Code Enforcement
Task Force made up of three (3) City Council members and fourteen (14) interested citizens from
the City of Paris to review and study various issues affecting the cleanliness and appearance of
the City of Paris; and
WHEREAS, at regular meetings of the Code Enforcement Task Force in October and
November, 2007, the Task Force reviewed, discussed, and developed proposed regulations
addressing outside storage in the City of Paris and has recommended that these regulations be
adopted by the City Council and added as Chapter 22.5, Outside Storage, to the Code of
Ordinances of the City of Paris; and,
WHEREAS, the City Council having reviewed the recommendations of the Task Force
for adding a new Chapter 22.5, Outside Storage, to the City Code of Ordinances hereby finds and
determines that the changes recommended below are in the best interest of the City of Paris and
its citizens and should be adopted.
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.
Section 2. That a new Chapter 22.5 of the Code of Ordinances of the City of Paris,
Texas, be, and the same is hereby established to read as follows:
"CHAPTER 22.5 OUTSIDE STORAGE
"Sec. 22.5 -1. Definitions
(a) Debris. The scattered remains of something broken or destroyed.
(b) Front yard. An open space unoccupied by a principal structure on a lot facing a
street, extending across the full width of the front of a lot between the side lot lines
and in front of the front -most corners of the principal structure, and including any
unenclosed portion of a front porch, carport, portico, or other unenclosed structure
located beyond the front face of the principal structure.
(c) Outside storage. The outside placement of an item for a period in excess of
72 hours during a twelve (12) month period.
(d) Prohibited outside storage. The outside placement of any of the following
items:
(1) Debris, rubbish, or trash as defined herein or in Section 17 -21 of this
Code;
(2) Broken, inoperable, or discarded merchandise, household furnishings,
appliances, machines, tools, boxes and cartons, lawn maintenance
equipment, play equipment, toys, and broken, inoperable, or discarded
items;
(3) Used or discarded building materials;
(4) Old tires, batteries, used oil, automobile parts, engine parts, or scrap metal;
(5) Any tire, whether new or used, without wheels or other inserts, if stored in
an area subject to possible exposure to rain, irrigation, or any other source
of water;
(6) Waste of mills or factories;
(7) Wet, broken, or leaking barrels, casks, or boxes or broken, empty, or
otherwise discarded pallettes; or
(8) Any other item or material which is not designed or manufactured for
outside use or storage.
(e) Rear yard. An open space unoccupied by a principal structure extending for
the full width of the lot between the principal structure and the rear lot line, and
behind the back -most corners of building line of the principal structure.
(f) Right -of -way. That area of land designated by plat or other document for
public use, access and travel, including that area between the property line and the
curb or street edge.
(g) Setback. The distance between a structure and a property line, natural
feature, road right -of -way, or other improvements.
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(h) Side yard. An open space unoccupied by a principal structure, situated between
the building and the side line of the lot, and extending through from the front yard to
the rear line of the lot, including any unenclosed portion of a side porch, carport,
portico, or other unenclosed structure located beyond the side of the principal
structure. Any lot line not a rear line or a front line shall be deemed a side line.
(i) Vacant lot. Any lot, parcel, or tract which contains no structures.
Sec. 22.5 -2. Nuisance declared.
Prohibited outside storage as defined herein is hereby declared a public nuisance.
Sec. 22.5 -3. Outside storage in One - Family Dwelling No. 1 (SF -1),
One - Family Dwelling No. 2 (SF -2), One - Family Dwelling No. 3
(SF -3), Two - Family Dwelling (2F), Multiple Family Dwelling No.
1 (MF -1), Multiple Family Dwelling No. 2 (MF -2), Neighborhood
Service (NS), Parking (P), Office (0), or Historic (HD) Zoning
Districts.
(a) It shall be unlawful for any person to maintain, conduct, allow or permit, any
prohibited outside storage on any property located in any of the zoning districts
referenced in this Section.
(b) It shall be unlawful for any person to maintain, conduct, allow or permit, any
outside storage on any portion of a vacant lot in any of the zoning districts referenced
in this section.
(c) It shall be unlawful for any person to maintain, conduct, allow or permit, any
outside storage of any of the following items on any property located in a zoning
district referenced in this Section except as otherwise provided herein:
(1) Building materials, whether new, used, reclaimed, reused, etc.;
(2) Supplies, materials, or other items associated with a home occupation;
(3) Equipment, tools, supplies, materials, or other items not typically
associated with a residential use or activity;
(4) Chemicals (including pool or spa chemicals), bagged or boxed fertilizer,
pre- emergent, or other organic or synthetic substances used for
landscaping purposes.
(5) Furniture, including but not limited to couches, chairs, shelves, tables,
dressers, or other similar items, which furniture is designed or intended by
the manufacturer for indoor use and constructed of polished wood or wood
veneer, cloth, or any other material not specifically designed or intended
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for outdoor use;
(6) Appliances not designed for outdoor use, including but not limited to
refrigerators, freezers, ovens, ranges, dishwashers, clothes washing
machines or dryers, or other household or similar appliances primarily
designed or intended for indoor use;
(7) Building fixtures not designed for outdoor use, including but not limited to
bathtubs, commodes, sinks, hot water heaters, or other building fixtures
primarily designed or intended for indoor use;
(8) Spa and pool equipment designed for outdoor use but not installed,
including but not limited to hot tubs, jaccuzis, swimming pools, or other
similar equipment primarily designed or intended for outdoor use;
(9) Play equipment, including but not limited to play structures, trampolines,
pools, swing sets, slides, see -saws, exercise equipment, and other
recreational equipment that is intended by the manufacturer to remain in a
stationary location, on any portion of a lot other than entirely within the
side yard or rear yard of the lot; however, basketball goals may be located
in the front yard if placed in such location and in such manner that play
does not take place in a public street, alley, or other right -of -way;
(10) Barbeque grills or other similar outdoor cooking equipment on any portion
of a lot other than entirely within the side yard or rear yard of the lot;
(11) Tools, mobile, and/or mechanical equipment not connected with a
residential use;
(12) Lawn maintenance equipment on any portion of a lot other than entirely
within the rear or side yard of the lot;
(13) Motor vehicle parts and/or accessories including, but not limited to,
engines, transmissions, electrical parts, suspension parts, vehicle body
parts, batteries, tires, wheels, hubcaps, and other motor vehicle parts; or
(14) Firewood on any portion of the front or side yard setback that is not
screened from public view from May 1St through September 30th of each
year.
(d) It shall also be unlawful for any person to maintain, conduct, allow or permit,
any outside storage of any of the items referenced in Sec. 22.5 -3(c) on any property in
the City of Paris which is directly adjacent to property being used for residential
purposes.
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(e) The following items are excepted from the outside storage prohibition:
(1) Outside storage that is screened from the view of persons on adjacent
properties or adjacent streets and rights -of -way by a solid fence, wall,
dense landscaping, or a combination of fence and dense landscaping.
(2) Building materials that:
a. Are stored in a workmanlike manner as part of, and in conjunction
with an active building permit, and
b. Are not located in any front yard; and
C. Are being used for construction of a new structure or building and
are not stored outside for more than eight (8) months after the
issuance of a building permit unless an extension of time has been
granted by the City's Building Inspection Division; or
d. Are being used for repair, remodeling or renovation of a structure or
building and are not stored outside for more than 3 months after the
issuance of a building permit unless an extension of time has been
granted by the City's Building Inspection Division, or
(3) In the case of furniture, that such furniture is designed and constructed for
outside use, and further, that such furniture is in good condition and is not
deteriorated.
(4) Outdoor storage that is in conjunction with a garage sale as defined in
Section 15 -1 of this Code and held in accordance with the requirements of
Section 15 -2 of this Code.
(5) Solid waste, garbage, trash, brush, and bulky waste (as defined in Sec.
16 -22 of Chapter 16 of this Code):
a. Awaiting pickup by the city or other sanitation service in accordance
with Chapter 16, Article 11 of this Code;
b. In a container or bag as approved by the city; and
C. In an approved location for the city or other sanitation service
pickup.
Sec. 22.5 -4. Outside storage in General Retail (GR), Central Area (CA)
(excluding those properties located in the Main Street Area),
Commercial (C), Planned Development (PD), Light Industrial
(LI), and Heavy Industrial (HI) Districts.
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(a) It shall be unlawful for any person to maintain, conduct, allow or permit, any
prohibited outside storage on property located in a zoning district referenced in this
Section.
(b) Outside storage of items, other than prohibited outside storage shall comply with
the following:
(1) Outside storage of merchandise, goods, products or equipment may not be
located on property such that it impedes pedestrian or vehicular traffic or
obstructs pedestrian visibility or motor vehicle visibility.
(2) Outside storage of merchandise, goods, products or equipment may not be
located within a fire lane.
(3) No area used for the outside storage or display of merchandise, goods
products or equipment shall be located within 25 feet of any adjacent
residentially zoned property or property which is used for residential
purposes.
(4) No area designated for off - street parking may be used for outside storage
or display of merchandise, goods, products or equipment.
(5) All city fire, building, and other codes shall be strictly complied with.
(c) With the exception of those items which constitute a public health or safety
hazard, the prohibition against outside storage shall not apply to outside storage
by a person engaged in the business of dealing in junk, scrap or salvage who is
otherwise in compliance with the comprehensive zoning ordinance and other
applicable laws.
Sec. 22.5 -5. Outside storage in the Main Street Area of the Central Area (CA)
District.
(a) The Main Street Area is that area of the Central Area (CA) Zoning District
designated by the City of Paris for participation in the State's Main Street
Revitalization Program.
(b) It shall be unlawful for any person to maintain, conduct, allow or permit, any
prohibited outside storage on any property located in the Main Street Area of the
Central Area Zoning District of the City of Paris, Texas.
(c) It shall also be unlawful for a person to store any merchandise, goods, products or
equipment outside in the front, side, or rear yard of any property in the Main Street Area of
the Central Area District of the City of Paris, Texas.
(d) The following items are excepted from the prohibition against outside storage set
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out in Sec. 22.5 -5(c) above:
(1) In the case of building materials, those materials which are stored in a
workmanlike manner as part of, and in conjunction with, an active
building permit; that such building materials are not located in a manner
which impedes pedestrian or vehicular traffic, and that such outside
storage does not continue for a period of more than seven days.
(2) Solid waste, garbage, trash which is:
a. Awaiting pickup by the city or other authorized sanitation service;
b. In a container or bag as approved by the city; and
C. In an approved location for the city or other authorized sanitation
service pickup, but in no case shall such item be left outside for a
period longer than 24 hours.
(3) In the case of furniture, that such furniture is designed and constructed for
outside use, and further, that such furniture is in good condition and is not
deteriorated, that such furniture relates to the nature of the business, such
as tables for a restaurant, and is not located in a manner which impedes
pedestrian or vehicular traffic.
(e) Outside display of goods or merchandise for sale is allowed only in the
immediate vicinity of the storefront, may not project out to such an extent on the
sidewalk that the display interferes with pedestrian or vehicluar traffic, and may not
be left out during hours when the store is closed."
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.
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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.
Section 7. That this ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND ADOPTED this 28th day of January, 2008.
ATTEST:
l
';a ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent cI yar, Attorney
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J se James reelen, Mayor