Loading...
2009-006-ORD AMENDING SUBSECTION 10-110 PAVING STANDARDSORDINANCE NO. 2009 -006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SUBSECTION 10 -110 PAVING STANDARDS, OF SECTION 10 -100 OFF - STREET PARKING AND LOADING REGULATIONS OF ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TEXAS; PROVIDING FOR EXEMPTING EXISTING BUSINESSES FROM REQUIREMENT OF PAVED PARKING; 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, in 1989, the City council adopted a provisions requiring that all off - street parking be covered with a dust -free, all- weather surface; and, WHEREAS, in August, 2007, the City Council of the City of Paris created the Code Enforcement Task Force to review and study proposed ordinances and regulations of the City of Paris addressing health, safety and beautification issues within the City of Paris; and, WHEREAS, the City Council directed the Code Enforcement Task Force to study and consider proposed amendments to the Off- Street Parking and Loading Regulation Ordinance including regulations applicable to minimum required parking spaces, parking space size, parking aisle dimensions, allowable parking surfaces and parking surface maintenance. The Task Force has completed its review of the City's parking regulations and has recommended numerous revisions thereto. WHEREAS, on August 11, 2008, after having reviewed and considered the Task Force recommendations, the City Council adopted Ordinance No. 2008 -027 amending Section 10, Off- Street Parking and Loading Regulations, of Ordinance No. 1710, the Zoning Ordinance of the City of Paris; and, WHEREAS, the City Council has been requested to reconsider the existing paving standards for the Off- Street Parking and Loading Regulations Ordinance to grandfather paving standards for existing businesses and allow them to continue to use crushed stone or rock as an approved parking surface; and, 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 Section 10 -110 Paving Standards, of Ordinance No. 1710 of the City of Paris, Texas, the Zoning Ordinance, be, and the same is hereby, amended to read in its entirety as follows: Page 1 of 4 "Sec. 10 -110. Paving standards (a) Surfacing. All parking and loading spaces, access drives, and driveways constructed shall be surfaced with asphalt or concrete pavement, approved concrete paving stones, or other accepted paving surfaces, as approved by the city engineer. All pavement must be of sufficient strength to support the vehicular loads imposed on it and shall be so graded and drained to dispose all surface water in accordance with the requirements of the City of Paris and shall be marked to provide for orderly and safe loading, unloading, parking, and storage of vehicles. (b) Markings. All fire apparatus access roads, parking spaces, loading zones, no- parking zones, or other similar areas shall be striped with a high visibility, durable paint designed and intended for pavement striping. Colors shall be in conformance Texas Department of Transportation standards and the Fire Code as adopted. (c) Maintenance. All surfaces shall be maintained in good condition, generally free of weeds, potholes, or broken pavement and allowing uninhibited access to all parking and loading spaces or drives. All required pavement markings shall be maintained in such a manner that they are clearly visible to the public at all times. (d) Surfacing exceptions. (1) A ribbon driveway may be used to provide access from the street to the off - street parking area /garage. The ribbon drive shall be composed of two 30 -inch wide concrete strips separated by a 36 -inch wide grass area. (2) Non- conforming parking areas, access drives, and driveways in existence prior to the effective date of this ordinance, February 23, 2009, may be maintained using their current paving materials so long as the nonconforming parking and driveway area and /or the total square footage area of existing structures is not expanded or enlarged by more than forty -nine percent (49 %) of the original parking and driveway area and /or the total square footage area of existing structure as of February 23, 2009." 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. Page 2 of 3 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 -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. Introduced and read on first reading on January 26, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on February 9, 2009, 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 B. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. 2009. PASSED AND ADOPTED on second and final reading this 23rd day of February, ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, ' Attorney Page 3 of 3 i J sse Jam Freelen, Mayor "Sec. 10 -110. Paving standards (a) Surfacing. All parking and loading spaces, access drives, and driveways constructed shall be surfaced with asphalt or concrete pavement, approved concrete paving stones, or other accepted paving surfaces, as approved by the city engineer. All pavement must be of sufficient strength to support the vehicular loads imposed on it and shall be so graded and drained to dispose all surface water in accordance with the requirements of the City of Paris and shall be marked to provide for orderly and safe loading, unloading, parking, and storage of vehicles. (b) Markings. All fire apparatus access roads, parking spaces, loading zones, no- parking zones, or other similar areas shall be striped with a high visibility, durable paint designed and intended for pavement striping. Colors shall be in conformance Texas Department of Transportation standards and the Fire Code as adopted. (c) Maintenance. All surfaces shall be maintained in good condition, generally free of weeds, potholes, or broken pavement and allowing uninhibited access to all parking and loading spaces or drives. All required pavement markings shall be maintained in such a manner that they are clearly visible to the public at all times. (d) Surfacing exceptions. (1) A ribbon driveway may be used to provide access from the street to the off - street parking area /garage. The ribbon drive shall be composed of two 30 -inch wide concrete strips separated by a 36 -inch wide grass area. (2) Non - conforming parking areas, access drives, and driveways in existence prior to the effective date of this ordinance, February 23, 2009, may be maintained using their current paving materials so long as the nonconforming parking and driveway area and /or the total square footage area of existing structures is not expanded or enlarged by more than forty -nine percent (49 %) of the original parking and driveway area and /or the total square footage area of existing structure." 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. Page 2 of 3