07-DELIBERATE/POSSIBLY ACT ON ORD AMENDING SECTIONS 8-108, 8-201 AND 12-100 OF CITY ZONING ORDINANCE NO 1710CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
06/05/12
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
7.
06/ 11 /12
Development
RECOMMENDED MOTION:
Deliberate and possibly act on an ordinance amending Sections 8-108, 8-201 and 12-100 of the City
Zoning Ordinance No. 1710, as previously amended, by limiting the operation of head shops to Heavy
Industrial (HI) and Light Industrial (LI) zoning districts by a specific use permit (SUP) only.
POLICY ISSUE(S):
Zoning
BACKGROUND:
The Planning & Zoning Commission met on June 4`" to consider adoption of an ordinance amending
Sections 8-108, 8-201 and 12-100 of City Zoning Ordinance No. 1710, by limiting the operation of head
shops to Heavy Industrial (HI) and Light Industrial (LI) zoning districts by a specific use permit (SUP)
only. Adding a definition for head shops to section 8-201 of the city zoning ordinance; and adding a
new section 12-100 (54) head shops, to the list of uses requiring a specific use permit under the city's
zoning ordinance. The Commission voted to approve and recommend the ordinance to City Council.
Section 8 of the City Zoning Ordinance is a series of charts that tell you what type of uses are allowed in
the various zoning districts, Section 8-108 is the chart for Industrial uses in the City of Paris, Texas.
Section 8-201 will be amended to define a head shop as a retail outlet specializing in drug paraphernalia
used for consumption of cannabis, synthetic cannabis, other recreational drugs, including but not limited
to: salts, incense, herbs, spice or any blend thereof.
Section 12 of the City Zoning Ordinance sets out the procedure for application, notice and review of
specific use permit applications. In summary, the SUP application is filed with the Engineering,
Planning & Department at the City, notices are sent out to surrounding property owners, a public hearing
is held before the Planning and Zoning Commission and a recommendation is made to City Council for
final decision.
BOARD/COMMISSION RECOMMENDATION:
P&Z recommended approval of the ordinance on a vote of 6-0.
EXHIBITS:
Ordinance
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
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❑ Department Report ❑ Resolution
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❑ Presentation ~ Ordinance
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FISCAL NOTES:
REVIEWED AND APPROVED BY:
❑ Administration E City Clerk Z Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Public Works ❑ Utilities
City of Paris
Revised 2/04/08
1R
Draft
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTIONS 8-108, 8-201 AND 12-100 OF THE CITY'S ZONING
ORDINANCE NO. 1710, AS PREVIOUSLY AMENDED, BY LIMITING THE
OPERATION OF HEAD SHOPS TO HEAVY INDUSTRIAL AND LIGHT
INDUSTRIAL ZONING DISTRICTS BY SPECIFIC USE PERMIT ONLY;
ADDING A DEFINITION FOR HEAD SHOPS TO SECTION 8-201 OF THE
CITY ZONING ORDINANCE; AND ADDING A NEW SECTION 12-100 (54),
HEAD SHOPS, TO THE LIST OF USES REQUIRING A SPECIFIC USE PERMIT
UNDER THE CITY'S ZONING ORDINANCE; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, under the current City Zoning Ordinance Head Shops, Smoke Shops and
Drug Paraphernalia Shops are not identified "uses" under the city's zoning use chart set
forth in Section 8-108 of City Zoning Ordinance No. 1710, as amended, therefore these
shops may locate anywhere in the City that allows retail sales; and,
WHEREAS, by Ordinance No. 2011-054, the City Council of the City of Paris, Texas
issued a six month moratorium on the issuance of building permits and certificates of
occupancy for Head Shops, Smoke Shops, Drug Paraphernalia Shops or related businesses
to allow the Paris Police Department, City Building Official, Engineering, Planning and
Development Department, and the City Attorney to develop new regulations for these
businesses; and,
WHEREAS, on June 4, 2012, following notice and publication as required by law, the
Planning and Zoning Commission conducted a public hearing on the proposed ordinance to
amend sections 8-108, 8-201 and 12-100 of the City Zoning Ordinance No. 1710, and,
following said hearing, made formal recommendation to the City Council to approve the
proposed amendments to the City Zoning Ordinance; and,
WHEREAS, on June 11, 2012, following notice and publication as required by law,
the City Council of the City of Paris, Texas conducted a public hearing on the proposed
amendments to City Zoning Ordinance No. 1710, and having considered the
recommendations of the Planning & Zoning Commission, the Paris Police Department, and
City Staff, hereby determines that the referenced amendments to the City Zoning Ordinance
are in the best interests of the public health, safety, and welfare of the citizens of the City of
Paris, and approved the amendment to the City Zoning Ordinance No. 1710, by a vote of
ayes and nays.
17
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:
"The operation of Head Shops, by Specific Use Permit only added under the Light
Industrial (LI) and Heavy Industrial (HI) Zoning Classifications."
Section 3. That Section 8-201 Special Definitions of City Zoning Ordinance No.
1710, be and the same is hereby amended to add a definition for "Head Shops" to read as
follows:
"Head Shops - A Head Shop is a retail outlet that carries, displays, or offers for sale
illegal smoking products as defined in Sec. 4-161 of the City Code of Ordinances or bath
salts, incense, herbs, spices or any blend thereof, or that carries, displays or offers for sale
drug paraphernalia used for consumption of cannabis, synthetic cannabis, other
recreational drugs, including but not limited to: salts, incense, herbs, spice or any blend
thereof."
Section 4. That Section 12-100, Specific Use Permits, of City Zoning Ordinance No.
1710, be and the same is hereby amended to add "Head Shops" to the list of uses requiring
a Specific Use Permit (S), to locate in a Light Industrial (LI) or Heavy Industrial (HI) Zoning
District in the City of Paris, Texas, to read as follows:
"(54) Head Shops must have a Specific Use Permit (S) to locate in a Light Industrial
(LI) or Heavy Industrial (HI) Zoning Districts in the City of Paris, Texas."
Section 5. 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 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 of the provisions of this ordinance shall
be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed
$2,000.00, and each and every day's continuance of any violation of the above-enumerated
sections shall constitute and be deemed a separate offense.
1.8
Section 7. That the City Council voted to suspend the rule requiring two readings
before adoption of this ordinance by a supermajority vote of _ ayes and _ nays.
Section 9. That this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED on the first and final reading this 11th day of June, 2012.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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