2008-031-ORD-REPEALING ARTICLE II OF CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF PARISORDINANCE NO. 2008 -031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
REPEALING ARTICLE II OF CHAPTER 22 OF THE CODE OF ORDINANCES
OF THE CITY OF PARIS, TEXAS AND ADOPTING A NEW ARTICLE II
ENTITLED REGULATIONS FOR SPECIAL VEHICLES, TO CHAPTER 22 OF
THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING
NEW REGULATIONS FOR THE PARKING AND STORAGE OF SPECIAL
VEHICLES INCLUDING BUT NOT LIMITED TO: MOTOR HOMES, BUSES,
TRAVEL TRAILERS, CAMPER TRAILERS, CAMPER SHELLS, UTILITY
TRAILERS, HORSE OR LIVESTOCK TRAILERS, FIFTH WHEEL TRAILERS,
BOATS, GOLF CARTS, ALL TERRAIN VEHICLES, UTILITY VEHCILES OR
OTHER SIMILAR VEHICLES; 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 on March 18,
2008, June 3, 2008, and July 1, 2008, the Task Force reviewed, discussed, and developed
proposed regulations addressing special vehicles parked or stored on residential lots in the
City of Paris (including, but not limited to: motor homes, buses, travel trailers, campers,
camper shells, boats, golf carts, all- terrain - vehicles, recreational vehicles, fifth wheel
trailers or other similar vehicles) and has recommended that these regulations be adopted
by the City Council by amending Article II of Chapter 22, Travel Trailers and Motor Homes,
to the Code of Ordinances of the City of Paris; and,
WHEREAS, the City Council having reviewed the recommendations of the Task
Force for amending Article 11, to Chapter 22, of 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 Article II, Travel Trailers and Mobile Homes, of Chapter 22 of the
Code of Ordinances of the City of Paris, Texas, be, and the same is hereby repealed.
Section 3. That a new Article II, Chapter 22 of the Code of Ordinances of the City of
Paris, Texas, be and the same is hereby adopted to read as follows:
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"ARTICLE II. REGULATIONS FOR SPECIAL VEHICLES
"Sec. 22 -21. Definitions.
Special vehicle. As used herein, shall include but is not limited to: a motor
home, bus, travel trailer, camper trailer, fifth wheel trailer, utility trailer,
horse or livestock trailer, boat, golf cart, all- terrain - vehicle (ATV), utility
vehicle, camper shell or other similar vehicle or trailer.
Sec. 22 -22. In general.
(a) It shall be unlawful for any person to park or store or allow another to
park or store a special vehicle in any part of a residential lot except the side
or rear yard.
(b) A special vehicle may not be used for living or sleeping quarters, or for
the storage of personal property not normally associated with the use of the
special vehicle; provided, however, a special vehicle may be used for
temporary living and sleeping quarters under special circumstances for a
period not to exceed seven (7) consecutive days or a total of fourteen (14)
days during a calendar year.
(c) Special vehicles must be maintained free of rust, peeling or missing
paint, broken or missing windows, flat or missing tires, and excess dirt or
grime.
(d) Special vehicles must be in operable condition.
(e) Special vehicles that require a license, registration, or permit, shall be
properly licensed, registered, and shall display the required permit or
registration. Special vehicles which require annual registration or inspection
are subject to the junked vehicle ordinance.
(f) All equipment or attachments necessary to operate the special vehicle
must be in place and operational.
(g) Stored special vehicles must be secured with wheel stops or maintained
so as not to present a safety hazard to the neighborhoods in which they are
located.
(h) No part of any parked or stored special vehicle may extend over a
public easement or right -of -way or adjoining private property or be located
within any portion of the side yard or rear yard which is within ten (10) feet
of a structure located on an adjoining lot.
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Sec. 22 -23. Registration of special vehicles; exceptions.
(a) Special vehicles which are currently parked or stored outside the side
or rear yard of a residential lot located within the corporate city limits of the
City of Paris as of the effective date of this ordinance may, within ninety (90)
days thereof, register their special vehicle with the Community Development
Department. There shall be no fee for this registration.
(b) Special vehicles which are registered within said ninety (90) day period
will be exempt from the provisions of Section 22 -22(a) of this ordinance
unless their placement is considered a safety hazard by the Chief of Police
due to a sight obstruction created by the special vehicle.
(c) This exemption shall apply only to the registered special vehicle as
stored or parked in a specific location. The exemption is not transferable to
other special vehicles or other locations; provided, however, the owner of a
registered special vehicle may replace that registered special vehicle with a
similar special vehicle of the same type and class.
(d) The owner of the replacement special vehicle shall register the
replacement special vehicle with the Community Development Department
within thirty (30) days of moving the replacement special vehicle onto their
property.
(e) It shall be unlawful for any person to park or store or allow another to
park or store a registered or unregistered special vehicle in any part of a
residential lot that is located within eleven (11) feet of the curbline or, if no
curbline exists, within eleven (11) feet of an existing roadway or pavement
edge without a variance as provided in Section 22 -24 below.
Sec. 22-24. Variance.
(a) The procedure for seeking variances to this Article shall be the
procedure established in Section 16 of City Zoning Ordinance No. 1710.
(b) A variance may be granted if the Board of Adjustment finds that all of
the following conditions apply:
1. Unique circumstances exist on the property that make application
of specific requirements in this Article unduly burdensome on the
applicant,
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2. The variance will have no adverse impact on current or future
development,
3. The variance is in keeping with the spirit of the these regulations
and will have a minimal impact, if any, on the surrounding land
uses,
4. The variance will have no adverse impact on the public health,
safety, and general welfare, and
5. A financial hardship shall not be considered a basis for the
granting of a variance."
Section 4. 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 5. 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 6. 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 7. 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 8. Introduced and read on first reading on August 25, 2008, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
September 8, 2008, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
Section 9. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
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2008. PASSED AND ADOPTED on second and final reading this 8th day of September,
ATTEST:
Nicki Brown, Deputy City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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J sse Jam Freelen, M-
ayor