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13 - NEW ZONING USE CLASSIFICATION/TATTOO SHOPSItem No. 13 memorandum TO: City Council John Godwin, City Manager FROM: Shawn Napier, P.E. Director of Engineering, Planning & Development SUBJECT: NEW ZONING USE CLASSIFICATION DATE: July 7, 2015 BACKGROUND: The current zoning ordinance does not contain a listed use for a tattoo shop or body piercing shop. Section 8 -109 of the Zoning Ordinance lists the process to follow when a new and unlisted use is not listed in the current zoning ordinance. This process starts with the Planning & Zoning Commission (P &Z) making a determination as to the appropriate zoning classification for the unlisted use. The next step is for that recommendation to be presented to City Council for action. P &Z voted to add a new use of tattoo shop and body piercing shop by a vote of 5 -0 on July 6th, 2015. STATUS OF ISSUE: P &Z has reviewed the possible uses and recommends that tattoo and body piercing shops be added under section 8 -106 Retail & Service Type Uses of the Zoning Ordinance. The P &Z recommendation included allowing tattoo and body piercing shops in Commercial (C), Light Industrial (LI) and Heavy Industrial (HI) zoning districts and to allow them in the following zoning districts with a Specific Use Permit: General Retail (GR), Central Area (CA) and Planned Development (PD). BUDGET: N/A RECOMMENDATION: Recommend the creation of a new use of tattoo and body piercing shops under section 8 -106 Retail & Service Type Uses in the Zoning Ordinance. Draft RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; ACTING ON THE FINDINGS AND RECOMMENDATIONS OF THE CITY PLANNING AND ZONING COMMISSION PURSUANT TO SEC. 8 -109 OF THE CITY ZONING ORDINANCE REGARDING THE PROPER ZONING CLASSIFICATION FOR A NEW AND UNLISTED USE DESCRIBED AS A TATTOO SHOP OR BODY PIERCING SHOP; MAKING OTHER DETERMINATIONS CONCERNING THE CLASSIFICATION OF SUCH USE; DIRECTING THAT A ZONING ORDINANCE AMENDMENT BE PREPARED AND BROUGHT FORWARD CONSISTENT WITH THIS RESOLUTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Sec. 8 -109 of the City Zoning Ordinance provides a process where new or unlisted uses are referred to the Planning and Zoning Commission requesting an interpretation thereon as to the appropriate zoning classification into which such new use may be placed; and WHEREAS, at the regular meeting of the Planning and Zoning Commission on July 6, 2015, the Commission received input from city staff and members of the public regarding the appropriate zoning classification for tattoo shop or body piercing shops in the City of Paris, Texas; and WHEREAS, having received input from city staff and the public and following discussion among the members of the Planning and Zoning Commission, the Commission voted 5 -0 to propose a new use "tattoo shop and body piercing shop" to be added to the City's Schedule of Uses under section 8 -106 for Retail & Service Type Uses of the Zoning Ordinance in Commercial (C), Light Industrial (LI) and Heavy Industrial (HI) Zoning districts and to allow them in the following Zoning Districts with a Specific Use Permit (SUP): General Retail (GR), Central Area (CA) and Planned Development (PD); and WHEREAS, in conformance with Sec. 8 -109 of the City Zoning Ordinance, the City Council must now consider the recommendation of the Planning and Zoning Commission regarding the creation of a new use, to wit: "tattoo shop and body piercing shop" in Commercial (C), Light Industrial (LI) and Heavy Industrial (HI) Zoning districts and to allow them in the following Zoning Districts with a Specific Use Permit (SUP): General Retail (GR), Central Area (CA) and Planned Development (PD) and either approve said recommendation or make such other determination concerning the classification of such use as is determined appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Council does hereby find and determine that the recommendation of the Planning and Zoning Commission to add a new use to the City Zoning Ordinance Schedule of Uses to wit: "tattoo shop and body piercing shop" should be allowed by right in Commercial (C), Light Industrial (LI) and Heavy Industrial (HI) Zoning districts and to allow them in the following Zoning Districts with a Specific Use Permit (SUP): General Retail (GR), Central Area (CA) and Planned Development (PD). Section 3. That based on the action taken by City Council hereof, and other directions as the City Council shall provide, City staff is hereby authorized to prepare and present to the Planning and Zoning Commission a formal amendment to the City Zoning Ordinance reflecting a new use designated as "tattoo shop and body piercing shop ", subject to such terms and conditions and definitions as shall be consistent with this resolution, and such use to be permissible in Commercial (C), Light Industrial (LI) and Heavy Industrial (HI) Zoning districts and to allow them in the following Zoning Districts with a Specific Use Permit (SUP): General Retail (GR), Central Area (CA) and Planned Development (PD). Section 4. This resolution shall be effective immediately upon passage. PASSED AND APPROVED this 13th day of July, 2015. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney