2016-006 - AMENDING ZONING ORDINANCE NO. 1710ORDINANCE NO. 2016 -006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTION 5, "ZONING
DISTRICT BOUNDARIES;" BY AMENDING SECTION 6, "TEMPORARY
ZONING— ANNEXED TERRITORY;" BY AMENDING SECTION 8, "USE OF
LAND AND BUILDINGS;" BY AMENDING SECTION 10, "OFF- STREET
PARKING AND LOADING REGULATIONS;" BY AMENDING SECTION 11,
"HEIGHT REGULATIONS;" BY AMENDING SECTION 12, "SPECIFIC USE
PERMITS;" BY AMENDING SECTION 17, "CREATION OF BUILDING SITE;"
BY AMENDING SECTION 20, "COMPLETION OF BUILDING UNDER
CONSTRUCTION;" BY AMENDING SECTION 22, "GENERAL DEFINITIONS;"
BY AMENDING SECTION 28, "REGULATION OF WIRELESS
TELECOMMUNICATIONS TOWERS AND FACILITIES;" PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and
ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957,
and 1965; and
WHEREAS, additional amendments were added to Zoning Ordinance No. 1710
(April 12, 1965) during 1971 through 1987 and 2012; and
WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not,
in certain instances, reflect current and appropriate American zoning practice; and
WHEREAS, the City of Paris staff and officials desire to partially update and amend
portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and
development of the City of Paris, Texas; and
WHEREAS, on February 1, 2016, following notice and publication as required by
law, the Planning and Zoning Commission conducted a public hearing on the proposed
amendments to the City Zoning Ordinance and, following said hearing, made formal
recommendation to the City Council to approve the requested amendments; and
WHEREAS, on March 14, 2016, following notice and publication as required by law,
the City Council of the City of Paris conducted a public hearing on the proposed
amendments 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 approving the aforesaid amendments would be
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consistent with the City Zoning Ordinance, and in the best interests of the public health,
safety, and welfare of the citizens of the City of Paris by a vote of _ ayes and _ 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 5 -108 in Section 5, "Zoning District Boundaries," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"S-108 Where physical features on the ground are at variance with information
shown on the official zoning district map or when there arises a question as to how or
whether a parcel of property is zoned and such question cannot be resolved by the
application of subsections 5 -101 through 5 -107, the property shall be considered as a zone
compatible with the Future Land Use Plan within the Paris adopted Comprehensive Plan."
Section 3. That Section 6 -100 in Section 6, "Temporary Zoning - Annexed
Territory," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby
amended to read as follows:
"6 -100 All territory hereafter annexed to the City of Paris shall be temporarily
classified as a zoning district consistent with the Comprehensive Plan. The procedure for
establishing permanent zoning on annexed territory shall conform to the procedure
established by law for the adoption of original zoning regulations."
Section 4. That Sections 8 -108 in Section 8, "Use of Land and Buildings," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"Sec. 8 -108
8 -108 INDUSTRIAL USES
Light Manufacturing
j Processes (35)
HISTORIC
TApproval only through the
OVERLAY
Asphalt Paving Batching Plant
Spnecific Use Permit Process as S
DISTRICT
provided herein within
i
Section 12 of this Zoning
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Section 5. That Sections 8 -109 in Section 8, "Use of Land and Buildings," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"8 -109 CLASSIFICATION OF NEW AND UNLISTED USES
It is recognized that new types of land use will develop and forms of land use not
anticipated may seek to locate in the City of Paris. In order to provide for such
changes and contingencies a determination as to the appropriate classification of
any new or unlisted form of land use shall be made as follows:
a. The Planning Manager shall refer the question concerning any new or unlisted
use to the Planning and Zoning Commission requesting an interpretation as to
the zoning classification into which such use should be placed after the city
staff provides its recommendation to the Planning and Zoning Commission.
The referral of the use interpretation question shall be accompanied by a
statement of facts listing the nature of the use and whether it involves
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Ordinance
j
Concrete Products Manufacture
j
Approval only through the
I I
I
Specific Use Permit Process as
Concrete Batching Plant
j
provided herein within
S
�
Section 12 of this Zoning
I
Ordinance
Sand, Gravel or Stone Extraction
I
(
I
S
Any Manufacturing, Industrial or
Storage Process Not Prohibited by
Law Except Those Specifically
j Mentioned in Section 12- 100(1)
j through (36)
i
I
N
Loading, unloading or transloading
i of crude oil
I
S
Head Shops
I
i
I
I
S
S
Section 5. That Sections 8 -109 in Section 8, "Use of Land and Buildings," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"8 -109 CLASSIFICATION OF NEW AND UNLISTED USES
It is recognized that new types of land use will develop and forms of land use not
anticipated may seek to locate in the City of Paris. In order to provide for such
changes and contingencies a determination as to the appropriate classification of
any new or unlisted form of land use shall be made as follows:
a. The Planning Manager shall refer the question concerning any new or unlisted
use to the Planning and Zoning Commission requesting an interpretation as to
the zoning classification into which such use should be placed after the city
staff provides its recommendation to the Planning and Zoning Commission.
The referral of the use interpretation question shall be accompanied by a
statement of facts listing the nature of the use and whether it involves
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dwelling activity, sales, processing, type of product, storage, and amount of
nature thereof, enclosed or open storage, anticipated employment,
transportation requirements, the amount of noise, odor, fumes, dust, toxic
material and vibration likely to be generated and the general requirements for
public utilities such as water and sanitary sewer.
b. The Planning and Zoning Commission shall consider the nature and described
performance of the proposed use and its compatibility with the uses permitted
in the various districts and determine the zoning district or districts within
which such use should be permitted.
c. The Planning and Zoning Commission shall transmit its findings and
recommendations to the City Council as to the classification proposed for any
new or unlisted use. The City Council shall by ordinance approve the
recommendation of the Planning and Zoning Commission or make such
determination concerning the classification of such use as is determined
appropriate.
Section 6. That Sections 8 -201 in Section 8, "Use of Land and Buildings," and
section 8 -200, "Special Definitions and Explanations noted in Use Regulations," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as set
forth in full in "Exhibit A" which is attached hereto and incorporated herein by reference.
Section 7. That Sections 8 -502 in Section 8, "Use of Land and Buildings," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"8 -502.
All home occupations shall meet the following criteria and standards:
(a) The use shall be conducted entirely within the dwelling unit, and there shall be no
on -site employment or use of labor from persons who are not bona fide residents
of the dwelling, except a disabled resident may employ assistance from one (1)
person at a time who is not a resident and whose assistance is limited to
overcoming the effect of the disability.
(b) The area set aside for a home occupation shall not exceed twenty percent (20 %) of
the total floor area of the residence, including garages. The permissible floor area
includes that space necessary for storage of goods or products associated with the
home occupation.
(c) Merchandise offered for sale shall be clearly incidental to the home occupation;
provided, however, that orders may be taken for later delivery off the premises.
(d) Delivery of products to the home for business purposes shall not occur more
frequently than twice a week. Delivery by trucks or vehicles not ordinarily utilized
for residential deliveries shall be prohibited.
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(e) No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or
other restricted material or other Performance Standards elements shall be stored
on site.
(f) No mechanical equipment other than that ordinarily utilized within a dwelling unit
for household or hobby purposes shall be permissible.
(g) No activity shall be conducted which would interfere with radio or television
transmission in the area, nor shall there be any offensive noise, smoke, dust or heat
noticeable beyond the premises nor shall there be any other violations of
Performance Standards.
(h) No home occupation shall require external alteration of the residence or other
visible evidence of the conduct of such home occupation.
(i) The operation of the home occupation shall not cause or encourage excess
vehicular or pedestrian traffic not ordinarily associated with the residential area in
which the home occupation is conducted except under the following conditions:
(1) Public access to the home occupation shall be by invitation only and there
shall ordinarily be no more than one vehicle not owned by the occupants on or
adjacent to the property for business purposes except that appointments may
overlap for a time period not exceeding thirty (30) minutes;
(2) Occasional parties, meetings or classes associated with home occupations are
permissible. The parties, meetings or classes shall in no case be held more
than four (4) times monthly and vehicles shall in no way impede the safety and
flow of traffic within the neighborhood.
[(j) is repealed]
(k) Home occupations shall be restricted to the hours of 8 a.m. to nine 9 p.m.
[(1) is repealed]
(m) There shall be no outside display, storage, or sale of merchandise or equipment.
(n) There shall be no audible noise, detectable vibration, or odor beyond the confines
of the subject dwelling or accessory building, including transmittal through
vertical or horizontal party walls nor shall there be any other violations of
Performance Standards.
(o) Instruction of students (including delivery of materials clearly incidental to
training) and service to clients or customers shall be limited to twelve (12)
persons per day but in no event more than four (4) persons at any one time.
(p) The lot or property on which the home occupation is conducted shall not have any
parking space added to it during the time the home occupation is being conducted;
nor shall any parking space be used that was not customarily used prior to that
time. The application for approval shall show a sketch of the parking spaces
customarily in use at the time of application and the applicant shall agree that
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parking shall not be increased during the period the approval is in effect. During
the period the approval is in effect, no motor vehicle shall be parked at any place
on the lot or property not represented as a parking space on the sketch attached to
the application."
Section 8. That Sections 8 -505 in Section 8, "Use of Land and Buildings," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"Section 8 -505.
The existence of a home occupation shall not be justification for a zoning change to
neighborhood service, retail, commercial, or industrial use or any other zoning
classification that is inconsistent with the Comprehensive Plan and /or the character of the
residential community wherein the home occupation permit has been approved."
Section 9. That Sections 10 -102 in Section 10, "Off Street Parking and Loading
Regulations," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby
amended to read as follows:
"10 -102. COMPUTING PARKING AND LOADING REQUIREMENTS. The number of
parking spaces required for a specific development proposal shall be based on the
requirements listed in subsection 10 -103, Off- Street Parking and Loading Space
Requirements, and the following provisions:
(1) Deviation of required spaces. The amount of parking can be reduced or
increased by twenty (20) percent with prior approval by the community
development director. Deviations in excess of twenty (20) percent must be
accompanied by a parking study and approved by the board of adjustment.
Any approved parking in excess of 20 percent must be mitigated. Mitigation
can be achieved by the use of pervious paving, increased landscaping,
increased storm water treatment, or other method to reduce the impact of the
increased parking.
(2) Unlisted uses. Where questions arise concerning the minimum off - street
parking and loading requirements for any use not specifically listed, the
requirements shall be determined by the appropriate City staff as those of a
similar use.
(3) Large developments. A large development is defined as any development that
is required to provide over two hundred fifty (250) parking spaces based on
the parking ratios listed in subsection 10 -103. All large developments are
required to provide a parking study as defined in this subsection and should
provide a minimum reduction of twenty (20) percent from the sum of the
specific parking required for each use.
T
(4) Parking study. A parking study required by this section shall be reviewed by
the City staff along with any traffic engineering and planning data that are
appropriate to the establishment of a parking requirement for the use
proposed. A parking study, when required by this section, shall include, but
not be limited to, estimates of parking requirements based on
recommendations in studies such as those from the Urban Land Institute, the
Institute of Traffic Engineers, or the Traffic Institute, and based on data
collected from uses or combinations of uses that are the same or comparable
to the proposed use. Comparability shall be determined by density, scale, bulk,
area, type of activity, and location. The analysis must include a shared parking
analysis based on the mixture of uses and corresponding peak demand.
Specifically, the parking required for restaurants should be included in the
study and be determined by the number, location, and type of restaurants
proposed. The study shall document the source of data used to develop
recommendations.
(5) Location. All required parking shall be located and arranged on the site to
insure optimal access and use.
(6) Fractions. When measurements determining the number of required parking
and loading spaces result in fractions, any fraction less than one -half (Y2) shall
be disregarded and any fraction of one -half (Yi) or more shall be rounded
upward to the next highest full number.
(7) Seating capacity. Where parking ratios are specified in terms of the number of
seats, this shall be interpreted to mean maximum seating capacity as
determined using the standards of the City's current adopted building code.
(8) Floor area. Floor area of structures devoted to off - street parking of vehicles
shall be excluded in computing the off - street parking and loading
requirements of any use."
Section 10. That Sections 10- 103(b),(c)in Section 10, "Off- Street Parking and
Loading Regulations" of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is
hereby amended to read as follows:
"(b) Parking requirements for properties located within the Central Area (CA)
Zoning District as established by the City and which, because of the lack of
available space either on the premises being constructed or altered or in the
reasonable vicinity of the premises being constructed or altered, cannot
comply with the requirements of this section shall be determined by the
building official on a case -by -cases basis.
(c) The parking space requirement for a use not specifically mentioned herein
shall be the same as required for a use of similar nature. This requirement
shall be made by the city planning and engineering staff."
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Section 11. That Sections 10 -113 in Section 10, "Off- Street Parking and Loading
Regulations," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby
amended to read as follows:
"Section 10-113. OFF-STREET LOADING REQUIREMENTS.
Loading requirements. Each development is required to graphically detail on a site
plan where loading will occur and the type of vehicle servicing each specific use.
The location and design of loading areas shall conform to the following standards:
(1) Paving standards. The surface of all open off - street loading spaces shall
conform at a minimum to the requirements for off - street parking areas.
(2) Design of loading areas. All off - street loading spaces shall comply with the
following design requirements:
a. No loading space shall be located closer than fifty (50) feet to any lot
zoned for residential use unless such space is located wholly within a
completely enclosed building or unless enclosed on all sides by a solid wall
not less than eight (8) feet in height.
b. No off - street loading space shall be located within the right -of -way of a
public street. Any loading dock or door shall be set back far enough from
the right -of -way so that no portion of the right -of -way is occupied by
trucks or other vehicles while loading or unloading.
c. The location of the loading area shall not interfere with the free
circulation of vehicles in the off - street parking area. Where loading areas
are directly adjacent to or integrated with an off - street parking lot, the city
engineer may require installation of physical barriers or other means of
separating loading areas from parking areas and pedestrian traffic.
d. No loading space shall be located so as to block access by emergency
vehicles.
(3) Use of loading areas. Required off - street loading spaces and associated
aisles and maneuvering areas shall be used for vehicle loading only. No sales,
storage, display of merchandise (including automobiles), repair work, or
dismantling shall be permitted in such areas. Each development is required to
graphically detail on a site plan where loading will occur. "
Section 12. That Sections 11 -102, in Section 11, "Height Regulations," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
" Section 11 -102. SPECIAL HEIGHT REGULATIONS
In the districts where the height of buildings is restricted to two and one -half
(2ih) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks
may extend for an additional height not to exceed forty (40) feet above the
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average grade line of the building. Water standpipes and tanks, church steeples,
domes and spires and school buildings and institutional buildings may be erected
to exceed three (3) stories in height, provided that one (1) additional foot shall be
added to the width and depth of front, side and rear yards for each foot that such
structures exceed three (3) stories. The additional height not to exceed forty
(40) feet shall apply to air - condition units and all related equipment."
Section 13. That Sections 12 -100 in Section 12, "Specific Use Permits," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"Section 12 -100. SPECIFIC USE PERMITS
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:
(1) Airport landing field or heliport in any A, SF -1, SF -2, SF -3, 2F, MF -1, MF -2, P,
0, NS or GR District.
[(2) is repealed]
(3) Auto laundry in the GR District.
(4) Antique shop in the 0 and NS Districts (and restaurant) cafeteria in the 0
District.
(5) Cemetery or mausoleum in any residential district.
(6) Cement, lime, gypsum or plaster of paris manufacture in the HI District.
(7) Concrete batching plant or asphalt batching plant in the LI District.
(Temporary plants subject to approval by ordinance of the City Council)
(8) Cotton gin in the HI District.
(9) Community unit development in the A, SF -1, SF -2, SF -3 and 2F Districts
where the over -all density does not vary from the standards established for the
district in which the development is located.
(10) Commercial amusement (indoors) in the GR District.
(11) College, university, convent or monastery in any one - family or two- family
district.
(12) Country club in any one - family or two- family district.
(13) Convent or monastery in any one - family or two- family district.
(14) Day camp in any one - family or two- family district.
(15) Drive -in theater in the GR District.
(16) Electric generating plant and other similar utility installation in SF -1, SF -2,
SF -3, 2F, MF -1 and MF -2 Districts.
(17) Fraternity or sorority in the A, SF -1, SF -2, SF -3, 2F and MF -1 Districts.
1
(18) Radio and television broadcasting towers and transmitting station in all
residential districts and in the P, 0, NS and GR Districts.
(19) Go -cart track, drag strip or commercial vehicle racing in the LI and HI
Districts.
(20) Hospital, convalescent home, residence home for aged in any one - family or
two- family district.
(21) Hotel or motel in the MF -2 District.
(22) Reserved. (Repealed by Ord. No. 2110, § 3, 9- 11 -72)
(23) Home for alcoholic, psychological or narcotic patients in the A, MF -1, MF -2,
GR and 0 Districts.
(24) Institutions of a religious, educational or philanthropic nature not
specifically mentioned herein in any one - family or two- family district.
(25) Nursery school, day nursery or kindergarten school in the A, SF -1, SF -2, SF -3
and the 2F Districts.
(26) Recreational facilities in any residential district.
(27) Rock quarry, sand, gravel and caliche excavations in the LI or HI Districts.
(28) Mortuary in the 0, NS and GR Districts.
[(29) is repealed]
[(30) is repealed]
(31) Fairgrounds or exhibition area in the NS or GR Districts.
[(32) is repealed]
[(33) is repealed]
[(34) is repealed]
(35) Livestock auction or commission house in the A, C or LI District.
(35.1) Petroleum refining and petrochemical manufacture in the HI District.
[(36) is repealed]
(37) Public or private utility not listed in all districts.
(38) Sewage treatment plant in any district except LI and HI Districts.
(39) Mobile home in the SF -3 district with the further restriction that single -
wide mobile homes may only receive a specific use permit for a period not to
exceed five (5) years with renewals permitted. (Ord. No. 2566, § 3, 4- 13 -81)
(40) Water treatment plant in any residential District and in the 0, P, NS or GR
Districts.
(41) Wrecking or salvage yard in the HI District.
(42) Any use which is determined to come under the provisions of Section 8 -201,
36 item p.
(43) Off- premises consumption sale of wine, beer or ale (wine and beer retail
sales store) as an accessory use to a grocery store in the NS, GR, C, CA, and PD(a)
Districts.
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(44) Off- premises consumption sale of all alcoholic beverages, package store in
GR, C, CA and PD(a) Districts.
(45) Warehouse storage of beer, wine, or liquor for distributors with no retail
sales permitted on the premises in the LI and PD(c) Districts.
(46) Dance hall, public, in the C, CA and LI Districts.
(47) Heavy machinery sales and storage in the ESS District.
(48) Gasoline service stations in the GR and C Districts.
(49) Auto fuel sales in the NS, GR and C Districts.
(50) Recreational facility (private) in the SF -1, SF -2, SF -3, 217, MF -1, MF -2, P,
and NS Districts.
(51) Bed and breakfast historical residence in the 2F and MF -1 Districts.
(52) Billboard and advertising signs in the GR, C, CA, LI and HI Districts.
(53) Loading, unloading or trans loading of crude oil in Heavy Industrial (HI)
zoning districts.
(54) Head shops must have a specific use permit (S) to locate in light industrial
(LI) or heavy industrial (HI) zoning districts in the City of Paris, Texas
(55) Self- storage /mini warehouses must have a specific use permit (S) to
locate in a Commercial (C) Zoning District in the City of Paris, Texas."
Section 14. That Sections 12 -101 in Section 12, "Specific Use Permits," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as
follows:
"Section 12 -101
The city staff shall review and recommend said Special Use Permit request and the
Planning and Zoning Commission in considering and determining its
recommendation and the City Council on any request for a Specific Use Permit shall
require from the applicant Site plans and supportive plans, information, operating
data and expert evaluation concerning the location, function and characteristics of
any building or use proposed. The City Council may, in the interest of the public
welfare and to assure compliance with this ordinance, establish conditions of
operation, location, arrangement and construction of any use for which a permit is
authorized. In authorizing the location of any of the uses listed as Specific Use
Permits, the City Council may impose such development standards and safeguards as
the conditions and location indicate important to the welfare and protection of
adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor,
explosion, glare, offensive view or other undesirable or hazardous condition."
Section 15. That Section 17- 100.b. in Section 17, "Creation of Building Site," of
Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the same is hereby amended
to read as follows:
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"b. The site plot or tract is all or part of a site plan officially approved by the
Planning and Zoning Commission, which site plan provides all utility and
drainage easements, alleys, streets and other public improvements
necessary to meet the normal requirements for platting including the
designation of building areas and such easements, alleys and streets have
been acquired and properly dedicated and the necessary public
improvements provided, and otherwise addresses all requirements of the
City of Paris Subdivision Regulations, as applicable, and as from time to
time shall be amended."
Section 16. That Sections 20 -100 in Section 20, "Completion of Building Under
Construction," of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the same is
hereby amended to read as follows:
"Sec. 20 -100. Nothing herein contained shall require any change in the plans,
construction or designated use of a building actually under construction at the time
of the passage of this ordinance and which entire building shall be completed within
one (1) year from the date of the passage of this ordinance. Any extension beyond
one year shall be reviewed and considered for approval by the Paris Director of
Engineering as well as the Paris Building Official, and the Paris Director of Public
Works."
Section 17. That Sections 22 -100 in Section 22, "General Definitions," of Zoning
Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as set
forth in full in "Exhibit B" which is attached hereto and incorporated herein by reference.
Section 18. That Sections 28- 108(b) in Section 28, "Regulation of Wireless
Telecommunications Towers and Facilities," of Zoning Ordinance No. 1710 of the City of
Paris, Texas, be, and the same is hereby amended to read as follows:
"Section 28- 108(b) List of acceptable applications. The following applications for WCF
and support structures may be approved by the director after conducting an
administrative review:
(1)Locating a new WCF or support structure, including the placement of additional
buildings or equipment, in any areas zoned Commercial, Heavy Industrial, or Light
Industrial.
(2) Locating any antenna array or other WCF on existing support structures or
portions of any other WCF consistent with the terms of paragraphs a. and b. below.
a. Antenna array on existing structures. Any antenna which is not attached to a
formal support structure but is attached to an alternative structure, such as a
utility pole, sign, water tower, existing building, or other similar structure
provided that such existing structure is located in an area zoned Commercial,
Heavy Industrial, or Light Industrial.
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b. Antenna arrays located on preexisting WCF and support structures. An
antenna array which is attached to a preexisting WCF and support structure
may be approved by the director, provided such preexisting support structure
is not required to be extended or expanded if located in an area zoned other
than Commercial, Heavy Industrial, or Light Industrial.
(3) A statement in writing from a licensed structural engineer shall be submitted to
the City Engineer regarding the structural integrity of the proposed and /or existing
wireless telecommunications towers and facilities."
Section 19. 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 20. 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 21. 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 22. 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.
PASSED AND ADOPTED on by the City Counci of the City of Paris, in regular
session on this the 14th day of March, 2016.
A.J. Hashffi V M.D.,
r.,
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ATTEST:
J ice Ellis, City Clerk
P ED AS TO FORM:
Steph nie H. Harris, Interim City Attorney
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EXHIBIT "A"
Section 8 Use of Land and Buildings
8 -200
SPECIAL DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS
8 -201
The following definitions and explanatory notes supplement, restrict and define the meaning and intent of
the use regulations as set forth in the Use Schedule and Provisions 8 -101 through 8 -109 inclusive.
1. One - Family Dwelling Attached —A dwelling which is joined to another dwelling at one or more sides
by a party wall or abutting separate wall and which is designed for occupancy by one (1) family.
2. Accessory Building —In a residence district, a subordinate building, attached or detached and used
for a purpose customarily incidental to the main structure such as a private garage for automobile
storage, tool house, lath or greenhouse as a hobby (no business), home workshop, children's playhouse,
storage house or garden shelter, but not involving the conduct of a business.
3. Art Gallery— An establishment engaged in the sale, loan, or display of art books, paintings,
sculpture, or other works of art. This clarification does not include libraries, museums, or non - commercial
art galleries.
4. Auto Fuel Sales —The sale of automotive fuels only by self - service establishments or as an
accessory and incidental use to a primary use. (Ord. No. 2095, § 3, 6- 12 -72)
5. Automated Teller Machine (ATM) —An automated device that performs banking or financial
functions at a location remote from the controlling financial institution.
6. Auxiliary Massage Establishment —Any building or tenant space in which any person, firm,
association, or corporation, or any person employed by such person, firm, association, or corporation,
engages, or is permitted to engage in the practice of massage as an accessory use customary and
clearly incidental to a principal business and use, including but not limited to services offered by a hotel,
health spa, or beauty salon.
7. Bakery, Retail —A place for preparing, baking and selling all products on the premises where
prepared.
8. Batching Plant— A plant for the manufacture or mixing or concrete, cement, and concrete and
cement products, including any apparatus and uses incident to such manufacturing and mixing. An
industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in
building or construction, and includes facilities for the administration or management of the business, the
stockpiling of bulk materials used in the production process or of finished products manufactured on the
premises and the storage and maintenance of required equipment, but does not include the retail sale of
finished asphalt or concrete products.
9. Batching Plant, temporary— A temporary facility that produces or processes concrete or asphalt
only for use in a particular construction project and only for the duration of that project.
10. Bed and Breakfast Historical Residence —A residence that has historical significance as evidenced
by being listed in the historical register or having been granted a historical medallion, occupied by the
owner thereof, making available for hire no more than four (4) individual bedrooms and having two (2) off -
street parking spaces for the residence and one off - street parking space for each bedroom for hire. (Ord.
No. 85 -067, § 1b, 12 -9 -85)
11. Big -Box Retail Establishment —A singular retailor wholesale user who occupies no less than 75,000
square feet of gross floor area, typically requires high parking to building area ratios, and has a regional
EXHIBIT "A"
sales market. Regional retail /wholesale sales can include but are not limited to membership warehouse
clubs that emphasize bulk sales, discount stores, and department stores. A large -scale (minimum of
roughly 100,000 square feet) self - service retail store selling food, drugs, household merchandise,
clothing, and a variety of other retail goods. The store may, in some cases, include limited medical
services, such as a dentist's office. A retail structure or group of structures (having) a total in excess of
25,000 square feet of gross floor area.
12. Boarding House —A building other than a hotel or motel, where lodging or rooms, or both, are
provided for compensation, whether directly or indirectly. Meals may or may not be provided, but there is
only one common kitchen facility.
13. Body Painting Studio —A business establishment wherein the patrons may apply paint or similar
matter to another unclothed or partially clothed person.
14. Brew -on- Premises Store —A facility that provides the ingredients and equipment for a customer to
use to brew malt liquor at the store. Intoxicating liquor may not be sold or otherwise provided to
customers of a brew -on- premises store unless the owner of the brew -on- premises store holds the
appropriate liquor license. Customers using the brew -on- premises store must be of minimum age to
purchase intoxicating liquor. Intoxicating malt liquor brewed by a customer may not be sold and must be
used by the customer for personal or family use.
15. Brewpub —A restaurant that manufactures up to 5,000 barrels of fermented malt beverages per
year on premises for either consumption on premises in hand - capped or sealed containers in quantities
up to one -half barrel or 15.5 gallons sold directly to the consumer. Wholesaling shall be permitted only
where authorized within the zoning code.
16. Cabana —An accessory building or a portion of the main building used as a bathhouse or a
dressing area in connection with a swimming pool or a tennis court.
17. Church, Megachurch —A large, specialized type of house of worship that includes either indoors
and /or outdoors, such nontraditional accessory uses as retail sales, residential uses, amusement parks,
and sports and entertainment facilities, as an integrated part of the development.
18. Community Center (private) —A central social and recreational building as part of a housing project
or community unit development.
19. Community Unit Development —An area of five (5) acres or more of un- subdivided land or the
frontage on one side of a street between two intersecting streets planned as a single integral residential
development which may contain variable types of housing with yard setback and open space standards
differing from the district in which it is located but which observes the overall density standards set forth in
such district. Where the overall density standards are proposed to vary from those of the district in which
the Community Unit Development is located, the development should be handled as a Planned
Development District by an Amendment to the Zoning Ordinance.
20. College, University or Private School —An institution established for educational purposes and
offering a curriculum similar to the public schools or an accredited college or university, but excluding
trade and commercial schools.
21. Commercial Amusements — Outdoor, such as golf driving range, pitch and putt course, archery,
miniature golf and similar outdoor activities but not including go -cart racing, drag strips or auto racing.
22. Cottage Industry —A processing, assembling, packaging, or storage industry, generally employing
fewer than 20 persons, conducted wholly within an enclosed building located on a site isolated from other
such uses, generating low traffic volumes and with little or no noise, smoke, odor, dust, glare, or vibration
detectable at any property line.
EXHIBIT "A"
23. Custom personal service such as tailor, shoe repair, barber, beauty shop, health studio or travel
consultant.
24. Day Camp (private) —A recreational area, with or without buildings, where children engage in
supervised training and recreation during daylight hours.
25. Day Nursery or Kindergarten School —An establishment where four (4) or more children are left for
care or training during the day or portion thereof.
26. Data Processing Facility— Facilities where electronic data is processed by employees, including,
without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction
processing, telephone sales and order collection, mail order and catalog sales, and mailing preparation.
27. Distribution Center (also, warehouse) —A use where goods are received and /or stored for delivery
to the ultimate customer at remote locations.
28. Domestic Violence Shelter —A residential facility serving as a center to receive and house persons
who are victims of domestic violence, including dependents of the victim, to provide temporary boarding,
lodging, counseling, and day care. The facility shall meet all certification requirements of the state,
county, and /or local municipality wherein said shelter is located.
29. Equestrian Arena —An improved area, generally fenced, of at least 30 feet in width or length within
which equestrian activities involving horse riding or driving occurs.
30. Equestrian Facilities — Commercial horse, donkey, and mule facilities including: horse ranches,
boarding stables, riding schools and academies, horse exhibition facilities, pack stations. This land use
includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.
31. Farm Stand —A temporary open air stand or place for the seasonal selling of agricultural produce.
A produce stand is portable and capable of being dismantled or removed from the sales site.
32. Flea Market —An outdoor or covered market at a location at which booths or similar spaces are
rented or otherwise made temporarily available to two or more persons at which the persons offer
tangible personal property for sale. Auctions are not permitted under this use.
33. Farm, Ranch, Garden or Orchard —An area of two (2) acres or more which is used for growing of
usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm
poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses
for raising, treating and storing products raised on the premises, but not including the commercial feeding
of offal or garbage to swine or other animals and not including any type of agriculture or husbandry
specifically prohibited by ordinance or law.
34. Gasoline Service Stations —A business conducting the sale of gasoline and oil, minor auto repair,
washing, lubrication and other periodic maintenance. (Ord. No. 2095, § 3, 6- 12 -72)
35. Grocery, Cleaning, Small Plant or Shop — Neighborhood grocery store, custom cleaning and other
small shops not exceeding five thousand (5,000) square feet of floor area. (Ord. No. 2055, § 1, 10- 18 -71)
36. Halfway House —A facility that provides training, care, supervision, treatment, or rehabilitation to
emotionally and mentally disturbed persons, the aged, disabled, those convicted of crimes or those
suffering the effects of drugs or alcohol; this does not include day -care centers, family day -care homes,
foster homes, schools, hospitals, jails, or prisons.
37. Hazardous Waste Disposal Facility—All structures, other appurtenances, and improvements on the
land used for treating, storing, or disposing of hazardous waste, including all operations of storage areas,
diked overflow, or emergency spillway areas. A hazardous waste disposal facility may consist of several
treatment, storage, or disposal operational units; it includes all areas where hazardous waste may be
received, stored, handled, or processed.
38. Hazardous Waste Processing Facility —Any commercial facility, as defined (state rules) for which a
(state) pollution control agency permit is required, treating hazardous waste generated at any off -site
location, that is designed and operated to modify the chemical composition or chemical, physical, or
biological properties of a hazardous waste by means such as reclamation, distillation, precipitation, or
3
EXHIBIT "A"
other similar processes, which neutralizes the waste or renders it nonhazardous, safer for transport,
amenable for recovery, storage, or reduced in volume expecting "elementary neutralizing units" and
"pretreatment units," as defined in (state) rules. Hazardous waste processing does not include
incineration or disposal.
39. Health Spa —A place or building where active exercise and related activities are performed utilizing
weight control or muscle building equipment or apparatus for the purpose of physical fitness. Also, a
place or building that provides massage, exercise, and related activities with or without such equipment or
apparatus.
40. Homeless Shelter —A facility providing temporary housing to indigent, needy, homeless, or transient
persons; may also provide ancillary services such as counseling, vocational training, etc., but not
including orphanages or foster homes, operated by a non - profit religious, educational, or philanthropic
institution.
41. Home Occupations —A home occupation is an occupation conducted as an accessory use in or
from a residential dwelling or its accessory building by persons whose principal residence is on the
premises, and which use has no more affect on adjoining property than normal residential use. Home
occupations include those uses as permitted and regulated in section 8 -500 hereof. (Ord. No. 2005 -053,
§ 2, 9- 26 -05)
42. Hospice Residential Care Facility —A freestanding licensed hospice facility which provides palliative
and supportive medical and other health services to meet the physical, psychological, social, spiritual,
and special needs and /of terminally ill patients and their families in a residential setting.
43. Head Shops – This definitions shall be eliminated.
44. Hospital (acute care) —An institution where sick or injured patients are given medical or surgical
treatment intended to restore them to health and an active life and which is licensed by the State of
Texas.
45. Hospital (chronic care) —An institution where those persons suffering from generally permanent
types of illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or
permanent basis and which is licensed by the State of Texas.
46. Household Appliance Service and Repair, including radio and television, but not involving the use of
equipment which generates noise, odor or electrical frequencies so as to interfere with the use and
enjoyment of adjacent property.
47. Institutions of Religious or Philanthropic Nature — Institutions sponsored or operated by
organizations established for religious or philanthropic purposes including orphans' homes, aged homes,
training and educational facilities, meeting establishments and places of residence.
48. Massage Establishment —An establishment where, for any form of consideration, massage, alcohol
rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is
administered, unless such treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This
definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or
similar establishment where massage or similar manipulation of the human body is offered as an
incidental or accessory service.
49. Medical Marijuana Dispensary— A facility where marijuana is made available for medical
purposes; this also includes establishments from which marijuana is delivered to patients who cannot
obtain it from a dispensary due to physical or mental disability, for medical purposes in compliance with
local health and safety codes.
50. Medical Waste Facility— A facility used to store and /or repackage medical waste for transportation
to a processing facility.
51. Mental Health Facility —Any individual, association, group or other entity at one location whose
primary purpose is to provide services for the care, treatment, habilitation, or rehabilitation of the mentally
:t
EXHIBIT "A"
ill, the developmentally disabled, or substance abusers, and includes any area facility, licensable facility,
private facility, residential facility, state facility, 24 -hour facility, or Veterans Administration facility.
52. Microbrewery —A facility for the production and packaging of malt beverages of low alcoholic
content for distribution, retail, wholesale, on or of premises, with a capacity of not more than 15,000
barrels per year. The development may include other uses such as a standard restaurant, bar or live
entertainment as otherwise permitted in the zoning district.
53. Package Store —A building or structure designed for a use requiring a package store permit by the
Texas Alcoholic Beverage Commission (VACS 666 -15). (Ord. No. 2074, § 2, 3- 13 -72)
54. Paint Shop, but excluding all cooking or baking or varnish, paint or lacquer.
55. Private Club —Shall be as defined by Article 666 -15e of Vernon's Annotated Penal Code and
amendments thereto. (Ord. No. 2110, § 2, 9- 11 -72)
56. Railroad Track and Right -of -Way, but not including railroad stations, sidings, team tracks, loading
facilities, docks, yards or maintenance areas.
57. Recreational Facility (Private) —A private recreational facility restricted to membership or to
invitation of the owner, which could include swimming pool, tennis courts, football field, soccer field and
similar recreational facilities, none of which are available to the general public. (Ord. No. 2559, § 1, 3 -9-
81)
58. Recycling Center —A building in which recyclable material only is collected, processed, and /or
baled in preparation for shipment to others who will use those materials to manufacture new products.
This shall not include junkyards or wrecking yards.
59. Recycling Collection Center —A center for the acceptance by donation, redemption, or purchase of
recyclable materials from the public. Collection centers include reverse vending machines or groups of
reverse vending machines, a mobile recycling unit, kiosk -type units that may include permanent
structures and unattended containers placed for the donation of recyclable materials.
60. Recycling Plant —A facility that is not a salvage yard and in which recoverable resources, such as
newspapers, magazines, books, and other paper products, glass, metal, cans, and other products are
recycled, reprocessed, and treated to return such products to a condition in which they may again be
used for production.
61. Recycling Unit, Mobile —An automobile, truck, trailer, or van that may be licensed by the state,
which is used for the collection of recycle materials. A mobile recycling unit also means the bins, boxes,
or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.
62. Research and Development Business —A business that engages in research, or research and
development, of innovative ideas in technology- intensive fields. Examples include research and
development of computer software, information systems, communication systems, transportation,
geographic information systems, multimedia and video technology. Development and construction of
prototypes may be associated with this use.
63. Residence Home for Aged —A home where elderly people are provided with lodging and meals with
or without nursing care.
64. Retail Stores and Shops offering all types of consumer goods for sale, but excluding the display
and sale in the open outside a building, of new or used automobiles, heavy machinery, building materials,
used appliances, furniture or salvage materials.
65. School, Public or Parochial —A school under the sponsorship of a public or religious agency having
a curriculum generally equivalent to public elementary or secondary schools, but not including private or
trade or commercial schools.
66. Self - Service Storage Facility (also mini storage facility and /or mini warehouse)— A building or
group of buildings for rent or lease divided into separate compartments used to meet the temporary
storage needs of small businesses, apartment dwellers, and other residential uses, and may include
conditioned facilities; restricted to the storage of items that are not for sale on the premises.
EXHIBIT "A"
67. Sexually oriented businesses —An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual
encounter center. (Ord. No. 98 -037, § 2, 8- 10 -98)
68. Sign, Advertising or Billboard —A display, panel or poster which advertises or promotes a
commodity or service not offered for sale on the premises where such sign is located.
69. Sign, business —A panel, display or device which advertises or promotes commodities or services
offered on the premises where such signs are located.
70. Signs, Real Estate — Temporary signs pertaining to the sale or rental of property not exceeding
twenty (20) square feet in area and advertising property only for a use for which it is legally zoned.
71. Signs, Church and Schools —Name plates and bulletin boards for schools and churches, but not
exceeding thirty (30) square feet in area and not of a flashing, intermittent, revolving or similarly lighted
type.
72. Solar Energy Storage Facility— Equipment consisting of containers, heat exchanges, piping and
other transfer mechanisms (including fluids, gases, or solids), controls and related structural support for
transporting and storing collected energy (from solar energy systems), including structural elements
designed for use in passive solar energy systems.
73. Storefront Church— A store or similar structure not typically used for religious activities that is used
as a meeting place for a religious congregation.
74. Substance Abuse Treatment Facility— A facility for the purposes of temporary or long -term
inpatient treatment of victims of drug use or addiction.
75. Tanning Studio— Any business that uses artificial lighting systems to produce a tan on an
individual's body. This use specifically excludes spas, gymnasiums, athletic clubs, health clubs, and any
exercise equipment.
76. Tattoo Parlor /Body- Piercing Studio— An establishment whose principal business activity, either in
terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing
of designs, letters, figures, symbols, or other instruments designed to contact or puncture the skin; (2)
creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
77. Telephone Line and Exchange, but not including public business facilities, storage or repair
facilities.
78. Temporary Field Offices — Portable building or temporary building used as field office for a real
estate development or construction project and subject to removal at direction of the Building Inspector.
79. Wholesale Establishment— An establishment or place of business primarily engaged in selling
and /or distributing merchandise to retailers; to industrial, commercial, institutional, or professional
business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or
selling merchandise to, such individuals or companies. This is not considered a general commercial use.
80. Wine and Beer Retail Sales Store —A building or structure designed for or intended for a use
requiring a permit or permits for sale of wine, ales, and /or beer and malt liquors by the Texas Alcoholic
Beverage Commission (VACS 666 -15). (Ord. No. 2074, § 2, 3- 13 -72)
81. Youth Hostel— A place where travelers may stay for a limited duration, as recognized by the
International Hostel Association.
82. The display of plants offered for sale must be behind the front yard line established in the district in
which the nursery or greenhouse is located.
83. Equipment in Self - Service Laundry and Dry Cleaning Establishment to be of similar size as
customarily found in the home and of the customer self - service type and not a commercial laundry or
cleaning plant.
84. No direct exterior exhaust from cleaning plant permitted and dust must be controlled by either bag
or filter and separator or precipitator so as to eliminate the exhausting of dust, odor, fumes or noise
outside the plant.
85. All exterior display of furniture, appliances or similar material must be behind the front yard line
established in the district in which the use is located. Said exterior display shall be limited to approved
garage sales or other family- oriented activities and only allowed in residential zoning districts.
86. Light manufacturing processes which do not emit detectable dust, odor, smoke, gas or fumes or
other Performance Standards criteria beyond the boundary property lines of the lot or tract upon which
the use is located and which do not generate noise or vibration at the boundary of the LI District which is
generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas and
including, but not limited to such uses as:
a. Woodworking and planing mill with dust and noise control.
b. Textile manufacture with dust and odor control.
c. Ceramic and pottery manufacture with dust, odor and fume control.
d. Plastic products manufacture with dust and fume control.
e. Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in
the cooking process.
Grain processing with hoods, dust and odor controls.
g. Electroplating or battery making with acid, fume and odor controls.
h. Manufacturing or industrial operations of any type or other Performance Standards criteria
which meet the general conditions set forth above and which are not offensive by the reason of
the emission of noise, odor, smoke, gas, fumes, dust, glare or the creation of a hazard, but
specifically excluding the uses listed in paragraph 36 following.
87. Any manufacturing, industrial servicing or storage process not prohibited by law except the
following uses may be located in the HI District upon approval by the City Council in accordance with the
procedure established in Section 12.
[a. is repealed]
[b. is repealed]
[c. is repealed]
[d. is repealed]
e. Cement, lime, gypsum or plaster of paris manufacture.
[f. is repealed]
g. Cotton gin or compress.
[h. is repealed]
[i. is repealed]
j. Petroleum and petroleum products refining and manufacture.
k. Petroleum tank farm.
I. Petrochemical plant.
[m. is repealed]
[n. is repealed]
o. Wrecking yard or salvage yard.
p. Any use which due to the possible emission of excessive smoke, noise, gas, fumes,
dust, odor or vibration or danger of explosion or fire or other Performance Standards
EXHIBIT "A"
criteria is presently or in the future is determined a hazard and subject to special
control.
EXHIBIT "B"
Section 22. General Definitions
22 -100
Certain words in this Ordinance not heretofore defined are defined as follows; further, other words or uses
may be defined herein that are not currently stated in this ordinance, but which may under the regulations
of this ordinance, from time to time be allowed within the City of Paris.
Words used in the present tense include the future; words in the singular number include the
plural number and words in the plural number include the singular number; the word "building"
includes the word "structure "; the word "lot" includes the words "plot" or "tract "; the word "shall" is
mandatory and not discretionary.
(1) Accessory Use —A use subordinate to and incidental to the primary use of the main
building or to the primary use of the premises.
(2) Adaptive Reuse— The conversion of obsolescent or historic buildings from their original or
most recent use to a new use. For example, the conversion of former hospital or school
buildings to residential use, or the conversion of an historic single - family home to office
use.
(3) Alcoholic Beverages — Alcohol or any beverage containing more than one -half of one
percent of alcohol by volume which is capable of use for beverage purposes, either alone
or when diluted.
(4) Alley —A public space or thoroughfare which affords only secondary means of access to
property abutting thereon.
(5) Apartment —A room or suite of rooms in a multi - family dwelling or apartment house
arranged, designed or occupied as a place of residence by a single family, individual or
group of individuals.
(6) Apartment House —Any building or portion thereof, which is designed, built, rented, leased
or let to be occupied as three or more dwelling units or apartments or which is occupied as
a home or place of residence by three or more families living in independent dwelling units.
(7) Area of the Lot —The area of the lot shall be the net area of the lot and shall not include
portions of streets and alleys.
(8) Art, public— Any visual work of art, accessible to public view, on public or private property
within the city neighborhood environs including residential, business, or industrial buildings,
apartment and condominium complexes, parks, multiple -use structures, and similar
facilities. The work of art may include but need not be limited to sculptures, murals,
monuments, frescoes, fountains, paintings, stained glass, or ceramics. Media may include
but need not be limited to steel, bronze, wood, plastic, stone, and concrete.
(9) Auction— Any sale where tangible personal property is sold by an auctioneer who is either
the agent for the owner of such property or is in fact the owner thereof.
(10) Basement —A building story which is partly underground but having at least one -half of its
height above the average level of the adjoining ground. A basement shall be counted as a
story in computing building height.
(11) Block —An area enclosed by streets and occupied by or intended for buildings; or if said
word is used as a term of measurement, it shall mean the distance along a side of a street
between the nearest two streets which intersect said street on the said side.
EXHIBIT "B"
(12) Board —The Zoning Board of Adjustment established in Section 16.
(13) Body Piercing— The act of penetrating the skin to make, generally permanent in nature, a
hole, mark, or scar. Body piercing does not include the use of mechanized, pre - sterilized
ear - piercing system that penetrates the outer perimeter or lobe of the ear or both. Body
piercing is generally for the purpose of allowing the insertion of earrings, jewelry, or similar
objects into the body.
(14) Building —Any structure built for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind. When subdivided in a manner sufficient to
prevent the spread of fire each portion so subdivided may be deemed a separate building.
(15) Building Line —A line parallel or approximately parallel to the street line at a specified
distance therefrom marking the minimum distance from the street line that a building may
be erected.
(16) Building Official —Chief Building Official of the City of Paris.
(17) Cellar —A building story with more than one -half its height below the average level of the
adjoining ground. A cellar shall not be counted as a story in computing building height.
(18) Certificate of Occupancy or Compliance —An official certificate issued by the City through
the Building Official which indicates conformance with or approved conditional waiver from
the Zoning Regulations and authorizes legal use of the premises for which it is issued.
(19) City Council —The governing body of the City of Paris, Texas.
(20) City Manager —The chief city administrator.
(21) Clinic —A group of offices for one or more physicians, surgeons or dentists to treat sick or
injured out - patients who do not remain overnight.
(22) Cluster Development— A form of planned residential development that concentrates
buildings in specific areas on the site (the cluster area) to allow the remaining land (the
open space) to be used for recreation, common open space, or preservation of historically,
culturally and /or environmentally sensitive areas. The open space may be owned by either
a private or public entity.
(23) Cluster Subdivision— A wholly or principally residential subdivision that permits a reduction
in lot area, setback, or other site development regulations, provided there is no increase in
the overall density permitted for a conventional subdivision in a given zoning district, and
the remaining land area is used for common space.
(24) Community Garden— A private or public facility for cultivation of fruits, flowers, vegetables,
or ornamental plants by more than one person or family.
(25) Convalescent Home —Any structure used for or customarily occupied by persons
recovering from illness or suffering from infirmities of age.
(26) Court —An open, unoccupied space, bounded on more than two sides by the walls of a
building. An inner court is a court entirely surrounded by the exterior walls of a building. An
outer court is a court having one side open to a street, alley, yard or other permanent
space.
(27) Depth of Lot —The mean horizontal distance between the front and rear lot lines.
EXHIBIT "B"
(28) Development, substantial conformance— The situation in which a revision to a
development that was approved through a permit or tentative map complies with the
objectives, standards, guidelines, and conditions for that permit or tentative map.
(29) District —A section of the City of Paris for which the regulations governing the area, height
or use of the land and buildings are uniform.
(30) Dwelling, One - Family —A detached building having accommodations for and occupied by
not more than one family, or by one family and not more than four (4) boarders and
lodgers.
(31) Dwelling, Two - Family —A detached building having separate accommodations for and
occupied by not more than two (2) families, or by two (2) families and not more than four
(4) boarders and lodgers (two (2) boarders or lodgers to each unit).
(32) Dwelling, Multiple- Family —Any building or portion thereof, which is designed, built, rented,
leased or let to be occupied as three or more dwelling units or apartments or which is
occupied as a home or residence of three or more families.
(33) Dwelling Unit —A building or portion of a building which is arranged, occupied, or intended
to be occupied as living quarters and includes facilities for food preparation and sleeping.
(34) Expansion Substantial (also addition, major )—Floor space increase of 25 percent or new
materials or processes not normally associated with the existing use.
(35) Family —A number of individuals living together as a single housekeeping unit, in which not
more than four (4) individuals are unrelated by blood, marriage or adoption.
(36) Fiber Optics Communications System— An interstate network of fiber optic cables and all
related property including conduit, carrier pipe, cable fibers, repeaters, power sources, and
other attachments and appurtenances necessary for fiber optics communication.
(37) Floor Area —The total square feet of floor space within the outside dimensions of a building
including each floor level, but excluding cellars, carports, garages, storage areas,
stairwells, elevator shafts, equipment rooms, interior vehicular parking or loading; and
excluding all floors below the first or ground floor, except when used or intended to be used
for human habitation or service to the public.
(38) Floor Area Ratio —An indicated ratio between the number of square feet of total floor area
in the main building(s) on a lot and the total square footage of land in the lot; it is the
number resulting from dividing the main building floor area by the lot area. (See appendix
illustration 10).
(39) Gated Community— Residential areas that restrict access to normally public spaces. The
type of gates can range from elaborate guard houses to similar electronic arms. Residents
may enter by electronic cards, identification stickers, codes, or remote control devices.
Visitors must stop to be verified for entry.
(40) Graffiti— Any inscription, word, figure, marking, or design that is marked etched, scratched,
drawn, or painted on any building, structure, fixture, or other improvement, whether
permanent or temporary, including by way of example only and without limitation, fencing
surrounding construction sites, whether public or private, without the consent of the owner
of the property or the owner's authorized agent, and which is visible from the public right -
of -way. Said display may also, under certain circumstances, be unauthorized and /or be in
violation of other governmental jurisdictional laws, codes, and /or ordinances.
EXHIBIT "B"
(41) Grandfathered— Describes the status accorded certain properties, uses, and activities that
are legally existing prior to the date of adoption of the zoning ordinance or provisions of the
zoning ordinance.
(42) Green Building— Structures that incorporate the principles of sustainable design- design in
which the impact of a building on the environment will be minimal over the lifetime of that
building. Green buildings incorporate principals of energy and resource efficiency,
practical applications of waste reduction and pollution prevention, good indoor air quality
and natural light to promote occupant health and productivity, and transportation efficiency
in design and construction, during use and reuse.
(43) Hardship— A hardship by reason of exceptional shape of a lot, exceptional topographic
conditions, or other exceptional physical conditions of a parcel of land. "Unnecessary
hardship" shall not include personal or financial hardship or any other hardship that is self -
imposed.
(44) Hazardous Waste Disposal Area— The outermost perimeter of the area within a
hazardous waste disposal facility that is permitted to receive hazardous waste for disposal.
(45) Height —The vertical distance of a building measured from the average established grade
at the street line or from the average natural front yard ground level, whichever is higher, to
(1) the highest point of the roofs surface if a flat surface, (2) to the deck line of mansard
roofs or (3) to the mean height level between eaves and ridge for hip and gable roofs and,
in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks,
water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not
exceeding ten (10) feet in height. If the street grade has not been officially established, the
average front yard grade shall be used for a base level.
(46) Hospice Care— Any coordinated program of home care with provision for inpatient care for
terminally ill patients and their families. This care is provided by a medically directed
interdisciplinary team, directly or through an agreement under the direction of an
identifiable hospice administration. A hospice program of care provides palliative and
supportive medical and other health services to meet the physical, psychological, social,
spiritual, and special needs of patients and their families, which are experienced during the
final stages of terminal illness and during dying and bereavement.
(47) Infill Development— The development of vacant or partially developed parcels which are
surrounded by or in close proximity to areas that are substantially or fully developed.
(48) Intensity, Relative— Measure of development impact as defined by characteristics such as,
but not limited to, the number of dwelling units per acre, amount of traffic generated, and
amount of site coverage.
(49) Intensity of Use— The number of dwelling units per acre for residential development and
the floor area ratio (FAR) for nonresidential development, such as commercial, office, and
industrial.
(50) Interim Use— A temporary use of property until a particular date, until the occurrence of a
particular event, or until zoning regulations no longer permit it.
(51) Interim Zoning— A zoning designation that temporarily reduces or freezes allowable
development in an area until a permanent classification can be fixed; generally assigned
during Comprehensive Plan preparation to provide a basis for permanent zoning.
(52) Land Use Compatibility —The characteristics of different uses or activities that permit them
to be located near each other in harmony and without conflict. Some elements affecting
compatibility include but are not limited to: intensity of occupancy as measured by dwelling
4
EXHIBIT "B"
units per acre; floor area ratio; pedestrian or vehicular traffic generated; volume of goods
hauled; and such environmental effects as noise, vibration, glare, air pollution, or radiation.
(53) Land Use, Conflicting— (Same as: incompatible land use) The transfer over a property
line of negative economic or environmental effects, including but not limited to: traffic,
noise, vibration, odor, dust, glare, smoke, pollution, water vapor, mismatched layout of
adjacent uses, loss of privacy, and unsightly views. Also, a conflicting or incompatible land
use can occur within a given lot, based on the negative criteria mentioned herein, in
comparison to adjacent and /or nearby areas.
(54) Leapfrog Development— New development separated from existing development by
substantial vacant land.
(55) Living Unit —The room or rooms occupied by a family and must include cooking facilities.
(56) Lodging House —A building where lodging for five (5) or more persons is provided for
compensation.
(57) Lot —Land occupied or to be occupied by a building and its accessory buildings, and
including such open spaces as are required under this ordinance, and having its principal
frontage upon a public street or officially approved place.
(58) Lot Coverage —The percentage of the total area of a lot occupied by the base (first story or
floor) of buildings located on the lot.
(59) Lot of Record —A lot which is part of a subdivision, the plat of which has been recorded in
the office of the County Clerk of Lamar County or a parcel of land, the deed for which is
recorded in the office of the County Clerk of Lamar County prior to the adoption of this
ordinance.
(60) Lot Lines —The lines bounding a lot as defined herein.
(61) Lot Depth —The mean distance between the front and rear lot lines. (See appendix
illustration 2).
(62) Lot Width —The width of a lot at the front building line. (See appendix illustration 1).
(63) Main Building —The building or buildings on a lot which are occupied by the primary use.
(64) Manufactured or Mobile Housing— a manufactured movable or portable dwelling built on a
permanent metal vehicular chassis, connected to utilities and designed for year round
living on wheels or rigid supports.
(65) Mixed -Use Development— A project which integrates at least two, or a variety of land uses
including residential, office, commercial, service, and employment and may result in
measurable reductions in traffic impacts.
(66) Mobile Food Unit— A temporary food service structure that is a vehicle mounted food
service establishment designed to be readily movable.
(67) Motel —An inn or group of cabins designed for occupancy by paying guests, a hotel.
(68) Multifamily Building —Same as apartment house.
(69) Mural— A graphic displayed on the exterior of a building, generally for the purposes of
decoration or artistic expression, including but not limited to painting, fresco, or mosaic. A
mural shall not meet the definition of an advertisement of a sign.
5
EXHIBIT "B"
(70) Nonconforming Use —A building, structure or use of land lawfully occupied at the time of
the effective date of this ordinance or amendments thereto, and which does not conform to
the use regulations of the district in which it is situated.
(71) Noise, Ambient Level —The general pressure and frequency level of noise in the vicinity of
the premises on which a use is located including traffic noise from nearby streets.
(72) Occupancy —The use or intended use of the land or buildings by proprietors or tenants.
(73) Office Park— A large tract of land that has been planned, developed, and operated as an
integrated facility for a number of separate office buildings and supporting ancillary uses
with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
(74) Open Space —Area included in any side, rear or front yard or any unoccupied space on the
lot that is open and unobstructed to the sky except for the ordinary projections of cornices,
eaves and porches.
(75) Parking Space —An enclosed or unenclosed dust -free, all- weather surface of concrete,
asphalt, seal coat in accordance with 1982 Standard Specifications for Construction of
Highways, Streets and Bridges of the State Department of Highways and Public
Transportation and subsequent editions or equivalent approved by the City Engineer. All -
weather, surfaced area of not less than one hundred eighty (180) square feet (measuring
approximately nine (9) feet by twenty (20) feet) not on a public street or alley, together with
a dust -free, all- weather surfaced driveway connecting the area with a street or alley,
permitting free ingress and egress without encroaching on the street or alley. Any parking
adjacent to a public street wherein the maneuvering is done on the public street shall not
be classified as off - street parking in computing the parking area requirements for any use.
(Ord. No. 89 -030, § 2, 8- 14 -89)
(76) Planned Unit Development (PUD)— A description of a proposed unified development,
consisting at a minimum of a plan map and adopted ordinance requirements setting forth
the regulations governing, and the location and phasing of all proposed uses and
improvements to be included in the development. May include a combination of open
space, residential, commercial, industrial and recreational, etc. land uses.
(77) Planning and Zoning Commission —The agency appointed by the City Council as an
advisory body to it and which is authorized to recommend changes in the Zoning
Ordinance.
(78) Private Garage —An accessory building housing vehicles owned and used by occupants of
the main building; if occupied by vehicles of others, it is a storage space.
(79) Recyclable Material— Reusable materials including but not limited to metals, glass, plastic,
and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of
using the altered form. The term "recyclable materials" does not include refuse or
hazardous materials.
(80) Residence —Same as a dwelling; also when used with District, an area of residential
regulations.
(81) Room —A building or portion of a building which is arranged, occupied or intended to be
occupied as living or sleeping quarters but not including toilet or cooking facilities.
(82) Rooming House —(See Lodging House).
(83) Sidewalk Vendor— Any person engaged in the selling, or offering for sale, of food,
beverages, merchandise, or services for immediate delivery from a vendor stand or from
his or her person that is not located in, or in association with, a building.
EXHIBIT "B"
(84) Sign —An outdoor advertising that is a structure or that is attached to or painted on a
building or that is leaned against a structure or displayed on a premises.
(85) Story —The height between the successive floors of a building or from the top floor to the
roof.
(86) Street —Any thoroughfare or public driveway, other than an alley, which has been
dedicated or deeded to the public for public use.
(87) Street Line —A dividing line between a lot, tract or parcel of land and a contiguous street,
the right -of -way line.
(88) Structural Alterations —Any change in the supporting member of a building, such as a
bearing wall, column, beams or girders.
(89) Structure —(same as building).
(90) Substantial Improvement— Any reconstruction, rehabilitation, addition, or other
improvements of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the start of construction of the improvement. Includes
structures that have incurred substantial damage regardless of the actual repair work
performed. The term does not , however, include either: (1) any project for improvement of
a structure to correct existing violations of state or local health, sanitary, or safety code
specifications that have been identified by the local code enforcement official and that are
the minimum necessary to assure safe living conditions; or (2) the addition, extraction, or
movement of any dirt, rock, or other material, or any new structure that will result in a
volume larger than the volume required to increase the elevation of the property by a total
height of six inches.
(91) Substantial Modification— A change that significantly alters the impacts or character of a
structure, development, or activity.
(92) Sustainable Community —Use of natural resources in a way that does not jeopardize the
ability of future generations to live and prosper.
(93) Sustainable Development— Development that maintains or enhances economic
opportunity and community well -being while protecting and restoring the natural
environment upon which people and economies depend. Sustainable development meets
the needs of the present without compromising the ability of future generations to meet
their own needs.
(94) Tattooing— Any method of placing permanent designs, letters, scrolls, figures, symbols, or
any other marks upon or under the skin, resulting in either the coloration of the skin, or the
production of scars or scarring, other than by branding.
(95) Thoroughfare —(Same as street).
(96) Transit - Oriented Development (TOD)— Moderate and high- density housing concentrated
in mixed -use developments located along transient routes. The location, design, and mix
of uses in a TOD emphasize pedestrian- oriented environments and encourage the use of
public transportation.
(97) Undue Hardship— (A) That the land in question cannot yield a reasonable return unless a
variance is granted; (B) that the need for a variance is due to the unique circumstances of
the property and not to the general conditions in the neighborhood; (C) that the granting of
a variance will not alter the essential character of the locality; and (D) that the hardship is
not the result of action taken by the applicant or prior owner.
7
EXHIBIT "B"
(98) Use, Compatible— A compatible use is a property, use, or service which is capable of
direct association with certain other uses because it is complimentary, congruous, or
otherwise not detrimental.
(99) Use, Conforming— Any use of a structure or land that is a permitted or approved
provisional or special use in the district in which the structure or land is situated and which
conforms to the regulations of that district and all other regulations, ordinances, codes,
and /or policies as applicable to said property.
(100) Use, Incompatible— A use or service that is incapable of direct association with certain
other uses because it is contradictory, incongruous, or discordant.
(101) Use, Intensification of —A change in the use of a structure or site, where the new use is
required by the City of Paris to have more off - street parking spaces than the former use; or
a change in the operating characteristics of a use (for example, hours of operation), which
generates more activity on the site.
(102) Use, Nonconforming— A use that was valid when brought into existence but by
subsequent regulation becomes no longer conforming. This may be a structure, use, or
parcel of land.
(103) Use, Reasonable— A legal concept articulated by federal and state courts in regulatory
taking cases. Within the context of these cases and for the purposes of this Paris Zoning
Ordinance, reasonable use shall mean any use allowed by the City of Paris and shall not
mean the subdivision of property.
(104) Use, Transitional— A use, allowed in a transitional area, intended to create a gradual
change in uses from industrial and commercial areas to residential areas.
(105) Vending Cart An accessory use consisting of a portable stand and any related accessory
appurtenances such as awning, canopy, or seating, used for the retail sales of goods
including but not limited to beverages, food, and flowers.
(106) Visually Sensitive Area— Pleasing vistas or prospects or scenes, including but not limited
to skylines, ridgelines, bluffs, rock outcroppings, foothills, mountain backdrop, unique
vegetation, floodplains, streams, surface water, natural drainage ways, and wildlife habitat.
(107) Xeriscaping— A set of garden design and landscape maintenance principals that promote
good horticultural practices and efficient use of water. The term "xeriscape" is a registered
trademark of the National Xeriscape Council and means water - conserving, drought - tolerant
landscaping.
(108) Yard —An open space other than a court, on the lot in which a building is situated and
which is not obstructed from a point thirty (30) inches above the general ground level of the
graded lot to the sky, except as provided for roof overhang and similar special architectural
features.
(109) Yard, Front —An open, unoccupied space on a lot facing a street extending across the front
of the lot between the side lot lines and from the main building to the front lot or street line
with the minimum horizontal distance between the street line and the main building line as
specified for the district in which it is located. (See appendix illustrations 3 and 5)
(110) Yard, Rear —An open, unoccupied space, except for accessory buildings as herein
permitted, extending across the rear of a lot from one side lot line to the other side lot line
and having a depth between the building and the rear lot line as specified in the district in
which the lot is situated. (See appendix illustration 3)
N
EXHIBIT "B"
(111) Yard, Side —An open, unoccupied space or spaces on one or two sides of a main building
and on the same lot with the building, situated between the building and a side line of the
lot and extending through from the front yard to the rear yard. Any lot line not the rear line
or a front line shall be deemed a side line. (See appendix illustrations 3 and 4)
(112) Zoning District Map —The official certified map upon which the boundaries of the various
Zoning Districts are drawn and which is an integral part of the Zoning Ordinance.
(113) Premises — Grounds as well as all of the buildings, vehicles, and appurtenances pertaining
thereto, and shall also include any adjacent premises, if directly or indirectly under the
control of the same person. (Ord. No. 2074, § 6, 3- 13 -72)
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