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2012-017 ORD AMENDING SECTIONS 8-108, 8-201 AND 12-100 OF CITY'S ZONING ORDINANCE NO 1710ORDINANCE NO. 2012-017 AN ORDI111ANCE 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 N0. 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 7 ayes and 0 nays. 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. 21-261 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. Section 7. That the City Council voted to suspend the rule requiring two readings before adoption of this ordinance by a supermajority vote of 7 ayes and 0 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. ATTEST: ~Q~o ')n iMc' Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney