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2010-007 ORD SPECIFIC USE PERMIT AMENDMENTORDINANCE NO. 2010-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 8-108 AND SECTION 12-100 OF THE CITY ZONING ORDINANCE NO. 1710, AS PREVIOUSLY AMENDED, BY ADDING THE USE OF LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL WITH AN S (SPECIFIC USE PERMIT) BE ADDED UNDER THE HI (HEAVY IIVDUSTRIAL ZONING) CLASSIFICATION OF SECTION 8-108 OF THE CITY ZONING ORDINANCE, AND AMENDING SEC. 12-100 SPECIFIC USE PERMITS, TO ADD NO. (53) LOADING, UNLOADIIVG OR TRANSLOADIIVG OF CRUDE OIL IN HEAVY INDUSTRIAL (HI) ZONING DISTRICTS IN THE CITY OF PARIS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVIIVGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING A1V EFFECTIVE DATE. WHEREAS, on January 4, 2010, the Planning and Zoning Commission considered the need to add a requirement for a Specific Use Permit for the loading, unloading or transloading of crude oil in certain districts in the City of Paris; and, WHEREAS, the Planning and Zoning Commission has considered the proposed amendment and has made a recommendation to the City Council to approve adding a Specific Use Permit for the loading, unloading or transloading of crude oil in Heavy Industrial (HI) zoning districts in the City of Paris, and have asked for an ordinance amending Section 8-108 Industrial Uses by adding a use of loading, unloading or transloading of crude oil with an S(Specific Use Permit) be added under the HI (Heavy Industrial Zoning) and Section 12-100 of the City Zoning Ordinance No. 1710 add Specific Use Permit (53) Loading, unloading or transloading of crude oil in said Districts. WHEREAS, on February 8, 2010, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City zoning ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that the aforesaid amendments to the City Zoning Ordinance should be approved. 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 8-108 of Zoning Ordinance No. 1710 of the City of Paris, Texas, be and the same is hereby amended to add the following use: "Loading, unloading or transloading of crude oil with Specific Use Permit(s) added under the Heavy Industrial Zoning District (HI)." Section 3. That Section 12-100 of Zoning Ordinance No. 1710 of the City of Paris, Paris, Texas, be, and the same is hereby, amended to add the following: "Sec.12. Specific Use Permits 12-100 The City Council of the City of Paris, Texas, after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission may authorize the issuance of specific use permits for the following types of uses in the following districts: * * * * (53) Loading, unloading or transloading of crude oil in Heavy Industrial (HI) zoning districts." 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 S. 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 January 11, 2010, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on February 8, 2010, 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. PASSED AND ADOPTED on second and final reading this 8th day of February, 2010. ~ ~ ~~sssee Freelen, Mayor ATTEST: n a.Lp. .~I J nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McI yar, ttorney