ORDINANCE NO. 1710[1]
AN ORDINANCE AMENDING ORDINANCE NO. 1122, PASSED BY THE CITY
COUNCIL ON SEPTEMBER 10TH, 1945; AND AMENDING ORDINANCE NO. 1409,
PASSED BY THE CITY COUNCIL ON THE 30TH DAY OF JULY, 1957; BOTH BEING
ZONING ORDINANCES; DIVIDING THE CITY OF PARIS, TEXAS INTO 16 ZONING
DISTRICTS; PROVIDING FOR A ZONING DISTRICT MAP; PROVIDING WHERE SAID
MAPS SHALL BE KEPT AND MAINTAINED; PROVIDING A METHOD OF DETERMINING
THE ZONING DISTRICT BOUNDARIES; PROVIDING FOR ZONING IN NEWLY ANNEXED
TERRITORY; REQUIRING THE REZONING THEREOF BY THE CITY COUNCIL; PROVIDING
FOR BUILDING IN NEWLY ANNEXED TERRITORY; PROVIDING CHARTS SHOWING
THE USE PERMITTED IN THE 16 ZONING DISTRICTS; PROVIDING FOR THE CLASSIFICATION
OF NEW AND UNLISTED USES; DEFINING DEFINITIONS AND EXPLANATIONS NOTED
IN USE REGULATIONS; PROVIDING FOR AND REGULATING A PLANNED DEVELOPMENT
DISTRICT; PROVIDING AREA REGULATIONS OF LOT, FRONT, SIDE AND REAR;
PROVIDING OFF-STREET PARKING AND LOADING REGULATIONS; FIXING A PARKING
SPACE SCHEDULE FOR CERTAIN NONRESIDENTIAL USES; PROVIDING HEIGHT REGULATIONS
FOR CERTAIN BUILDINGS OR STRUCTURES IN THE VARIOUS ZONING DISTRICTS;
PROVIDING FOR SPECIFIC USE PERMITS FOR CERTAIN USES; PROVIDING FOR
ACCESSORY BUILDING REGULATIONS; PROVIDING FOR SPECIAL AREA AND USE
REGULATIONS; RECOGNIZING NONCONFORMING USES AND STRUCTURES AND RULES
FOR THE REGULATION THEREOF; PROVIDING FOR NONCONFORMING USE TERMINATION
AT THE END OF A DEFINITE PERIOD OF TIME; CREATING A BOARD OF ADJUSTMENT
AND PROVIDING RULES AND REGULATIONS FOR ITS ORGANIZATION, PROCEDURE
AND JURISDICTION AND POWERS; PROVIDING FOR APPEAL TO COURT OF PROPER
JURISDICTION FROM DECISIONS OF BOARD OF ADJUSTMENT; SETTING FORTH
THE REQUIREMENTS OF A BUILDING SITE, AND THE MANNER OF THEIR CREATION;
PROVIDING THAT NO PROPERTY SHALL BE PLATTED THAT HAS NOT BEEN PERMANENTLY
ZONED BY THE CITY COUNCIL; SETTING UP RULES AND REGULATIONS FOR A
CERTIFICATE OF OCCUPANCY AND COMPLIANCE; PROVIDING FOR RULES AND REGULATIONS
FOR AMENDMENTS TO THIS ORDINANCE; SETTING OUT GENERAL DEFINITIONS
OF CERTAIN TERMS USED IN THIS ORDINANCE; PROVIDING FOR A PENALTY OF
ANY SUM NOT EXCEEDING $200.00 FOR EACH VIOLATION, AND EACH DAY SAME
CONTINUES TO BE A SEPARATE OFFENSE, ALSO PROVIDING INJUNCTIVE RELIEF
TO PERSONS AFFECTED BY THE VIOLATION; PRESERVING RIGHTS IN ANY PENDING
LITIGATION AND VIOLATIONS OF ANY EXISTING ORDINANCE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS:
[1]
Editor’s note–Ordinance 2014-030, sec. 2, adopted
December 8, 2014, amended Ordinance 1710. Those provisions pertained
to the Cox Field Planned Development Airport Zoning District. Said
ordinance is on file with, and available from, the city clerk’s
office.
1-100
That Ordinance No. 1122, passed by the City Council
on September 10, 1945, and Ordinance No. 1409, passed by the City
Council on the 30th day of July, 1957, Zoning Ordinances, together
with all amendments thereto, are hereby amended in their entirety
to read as follows:
2-100
The Zoning Regulations and Districts as herein
established have been made in accordance with a Comprehensive Plan
for the purpose of promoting the health, safety, morals, and general
welfare of the City. They have been designed to lessen the congestion
in the streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air; to prevent the overcrowding of
land, to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water, sewerage, schools, parks
and other public requirements. They have been made with reasonable
consideration, among other things, for the character of the district,
and its peculiar suitability for the particular uses specified; and
with a view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City consistent with a
Comprehensive Plan.
3-100
The City of Paris, Texas, is hereby divided into
nineteen (19) zoning districts. The use, height, and area regulations
as set out therein are uniform in each district. The nineteen (19)
districts established herein shall be known as:
|
Abbreviated Designation
|
Zoning District Name
|
|---|---|
|
A
|
Agricultural District
|
|
SF-1
|
One-Family Dwelling District
|
|
SF-2
|
One-Family Dwelling District
|
|
SF-3
|
One-Family Dwelling District
|
|
2F
|
Two-Family Dwelling District
|
|
4F
|
Four-Family Dwelling District
|
|
MF-1
|
Multiple-Family Dwelling District-1
|
|
MF-2
|
Multiple-Family Dwelling District-2
|
|
P
|
Parking District
|
|
O
|
Office District
|
|
NS
|
Neighborhood Service District
|
|
GR
|
General Retail District
|
|
CA
|
Central Area District
|
|
C
|
Commercial District
|
|
LI
|
Light Industrial District
|
|
HI
|
Heavy Industrial District
|
|
PD
|
Planned Development District
|
|
PLI
|
Public Lands and Institution District
|
|
ESS
|
Expressway Service Station District
|
|
HD
|
Historic District (Overlay District)
|
3-101
Overlay
Zoning Districts are hereby established within the City of Paris.
The purpose of an Overlay District shall be to impose additional regulations
or requirements on the properties located within each said district,
regardless of and without changing the existing zoning district designation
for permissible uses therein, as such existing zoning districts have
been and shall be otherwise determined in this Zoning Ordinance. As
a result, Overlay Districts may consist of a single property with
a previously designated use category, or an Overlay District may consist
of several properties with multiple zoning district designations.
For example an Overlay District could contain properties designated
SF-1, MF-1, C, and any number of other zoning district designations
for permissible uses, all within the same Overlay District. Designation
of an Overlay District shall not affect the existing zoning district
designation based on permissible uses, and all such zoning district
designations and permissible uses located within an Overlay District
shall be preserved unless otherwise amended in accordance with this
Zoning Ordinance.
(Ordinance 2075, sec. 1, adopted 3/13/72; Ordinance 2095, sec. 1, adopted 6/12/72; Ordinance 2003-019, secs. 2, 3, adopted 5/8/03; Ordinance 2018-038, sec. 2, adopted 11/12/18)
4-100
The boundaries of the zoning districts set out
herein are delineated upon the Zoning District Map of the City of
Paris, said map being a part of this Ordinance as fully as if the
same were set forth herein in detail.
4-101
Two
first amended, official Zoning District Maps consisting of a cover
sheet and nine (9) individual section maps are hereby adopted bearing
the signature of the Mayor and the attestation of the City Clerk and
shall be filed and maintained as follows:
a.
One
copy shall be filed with the City Clerk and retained as the original
record and shall not be changed in any manner.
b.
One
copy shall be filed with the Director of Community Development and
shall be maintained up to date by the Director of Community Development
by posting thereon all changes and subsequent amendments for observation
in issuing Building Permits, Certificates of Occupancy and Compliance
and enforcing the Zoning Ordinance.
c.
Reproductions
for information purposes may from time to time be made of the first
amended, official Zoning District Maps.
(Ordinance 2572, sec. 1, adopted 5/11/81)
5-100
The district boundary lines shown on the zoning
district maps are usually along streets, alleys, property lines or
extensions thereof. Where uncertainty exists as to the boundaries
of districts as shown on the official zoning maps, the following rules
shall apply:
5-101
Boundaries
indicated as approximately following the centerlines of streets, highways
or alleys shall be construed to follow such centerlines.
5-102
Boundaries
indicated as approximately following platted lot lines shall be construed
as following such lot lines.
5-103
Boundaries
indicated as approximately following city limits shall be construed
as following city limits.
5-104
Boundaries
indicated as following railroad lines shall be construed to be the
centerline of the right-of-way or, if no centerline is established,
the boundary shall be interpreted to be midway between the right-of-way
lines.
5-105
Boundaries
indicated as following shore lines shall be construed to follow such
shore lines, and in the event of change in the shore line shall be
construed as moving with the actual shore line; boundaries indicated
as approximately following the centerlines of streams, rivers, lakes
or other bodies of water shall be construed to follow such centerlines.
5-106
Boundaries
indicated as parallel to or extensions of features indicated in 5-101
through 5-105 above shall be so construed. Distances not specifically
indicated on the original zoning maps shall be determined by the scale
of the map.
5-107
Whenever
any street, alley or other public way is vacated by official action
of the City Council or whenever such area is franchised for building
purposes, the zoning district line adjoining each side of such street,
alley or other public way shall be automatically extended to the centerline
of such vacated street, alley or way and all area[s] so involved shall
then and henceforth be subject to all regulations of the extended
districts.
5-108
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.
(Ordinance 2016-006, sec. 2, adopted 3/14/16)
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.
6-101
In
an area temporarily classified as A, Agricultural District:
a.
No person
shall erect, construct or proceed or continue with the erection or
construction of any building or structure or add to any building or
structure or cause the same to be done in any newly annexed territory
to the City of Paris without first applying for and obtaining a building
permit or certificate of occupancy therefor from the Building Official
or the City Council as may be required herein.
b.
No permit
for the construction of a building or use of land will be issued by
the Building Official other than a permit which will allow the construction
of a building permitted in the A, Agricultural District, unless and
until such territory has been classified in a zoning district other
than the A, Agricultural District, by the City Council in the manner
provided by law except as provided in 6-101c following.
c.
An application
for a permit for any other use than that specified in Paragraph b
above shall be made to the Building Official of the City of Paris
and by him referred to the Planning and Zoning Commission for consideration
and recommendation to the City Council. The Planning and Zoning Commission
in making its recommendation to the City Council concerning any such
permit shall take into consideration the appropriate land use for
the area and the Comprehensive Land Use Plan for the City of Paris.
The City Council after receiving and reviewing the recommendations
of the Planning and Zoning Commission may by majority vote authorize
the issuance of a Building Permit or Certificate of Occupancy or may
disapprove the application.
(Ordinance 2016-006, sec. 3, adopted 3/14/16)
7-100
All land, buildings or structures located within
the City of Paris, Texas, which are hereafter occupied, used, erected,
altered or converted shall be used, placed and erected in conformance
with the zoning regulations prescribed for the zoning district in
which such land or building is located except as hereinafter provided.
8-100
Land and buildings in each of the following classified
districts may be used for any of the following listed uses; but no
land shall hereafter be used, and no building or structure shall hereafter
be erected, altered or converted which is arranged or designed or
used for other than those uses specified for the district in which
it is located as set forth by the following schedule:
|
LEGEND
| |
|
P
|
Designates use permitted in district indicated.
|
|
|
Designates use prohibited in district indicated.
|
|
S
|
Indicates use may be approved as Specific Use Permit (See Section
12).
|
|
Note: Symbols applicable to following Use Schedule Charts 8-101–8-108.
|
8-101
PRIMARY
RESIDENTIAL USES
|
Schedule of Uses
|
A
|
SF1
|
SF2
|
SF3
|
2F
|
4F
|
MF1
|
MF2
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PD
|
PLI
|
ESS
|
HD*
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
One-Family Dwelling Detached
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
S
|
S
|
P
|
P
|
|
P
|
|
|
|
|
One-Family Dwelling Attached
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
S
|
|
S
|
S
|
P
|
P
|
|
P
|
|
|
|
|
Two-Family Dwelling
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
S
|
|
|
|
P
|
P
|
|
P
|
|
|
|
|
Four-Family Dwelling
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
|
P
|
P
|
|
P
|
|
|
|
|
Multiple-Family or Apartment Building
|
|
|
|
|
|
|
P
|
P
|
P
|
|
|
|
|
P
|
P
|
|
P
|
|
|
|
|
Community Unit Development
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
|
Boarding House
|
|
|
|
|
|
|
|
P
|
P
|
|
|
P
|
|
P
|
|
|
|
|
|
|
|
Rooming House
|
|
|
|
|
|
|
|
P
|
P
|
|
|
P
|
|
P
|
|
|
|
|
|
|
|
Bed-and-Breakfast Historical Residence
|
|
|
|
|
S
|
S
|
S
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
|
|
|
|
|
|
|
Mixed Uses
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
S
|
|
S
|
S
|
S
|
|
|
Modular Home
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
|
|
|
P
|
|
|
P
|
|
|
|
|
Manufactured Home Subdivision
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
|
|
|
Manufactured Home Park
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
|
|
|
Small Home
|
|
|
|
S
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Small Home Park
|
|
|
|
S
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
P
|
|
|
|
8-102
SPECIAL
USES
|
Schedule of Uses
|
A
|
SF1
|
SF2
|
SF3
|
2F
|
MF
|
MF1
|
MF2
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PD
|
PLI
|
ESS
|
HD*
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Airport or Landing Field
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
|
P
|
P
|
S
|
|
|
|
|
Cemetery or Mausoleum
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
|
P
|
P
|
S
|
|
|
|
|
Church and Rectory
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
College, University or Private School
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Columbarium
|
|
|
|
|
|
|
|
|
|
|
|
S
|
P
|
S
|
|
|
|
|
|
|
|
Community Garden
|
P
|
P
|
P
| |||||||||||||||||
|
Country Club (private) with Golf Course
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
|
P
|
P
|
|
P
|
P
|
P
|
|
|
|
|
Convent or Monastery
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
S
|
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Day Camp
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
|
S
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Day Nursery or Kindergarten School
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
|
S
|
S
|
P
|
P
|
|
|
P
|
|
|
|
|
Fairgrounds or Exhibition Area
|
|
|
|
|
|
|
|
|
|
|
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Farm, Ranch, Garden or Orchard
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
P
|
|
P
|
P
|
|
|
|
|
|
Livestock Auction
|
S
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
S
|
P
|
|
|
|
|
|
Fraternity, Sorority or Lodge or Civic Club
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Heliport
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
S
|
P
|
S
|
P
|
|
S
|
|
|
|
|
Home for Care of Alcoholic, Narcotic or Psychiatric patients
|
|
|
|
|
|
|
S
|
S
|
|
S
|
|
S
|
P
|
P
|
P
|
|
|
|
|
|
|
Hotel or Motel
|
|
|
|
|
|
|
|
S
|
|
S
|
|
P
|
P
|
P
|
P
|
|
P
|
|
P
|
|
|
Hospital (general acute care)
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
|
S
|
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Hospital (chronic care)
|
S
|
|
|
|
|
|
S
|
S
|
|
S
|
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Institutions of Religious or Philanthropic Nature
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Park, Playground or Community Center (Public)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Public Airport, Heliport or Landing Field
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
Public Cemetery or Mausoleum
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
Public College or University
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
Public Golf Course
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
Public Institutions
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
Public Land Reserves
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
Public Owned Buildings and Lands
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
Public Schools
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
|
|
|
|
|
P
|
|
|
|
Public Zones, Arboretums and Museums
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
Residence Home for Aged
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
|
S
|
S
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Schools, Public or Parochial
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
|
Recreational Facility (Private)
|
P
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
S
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
8-103
UTILITY
AND SERVICE USES
|
Schedule of Uses
|
A
|
SF1
|
SF2
|
SF3
|
2F
|
4F
|
MF1
|
MF2
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PD
|
PLI
|
ESS
|
HD*
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Electrical Substation
|
P
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Electrical Transmission Line
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Fire Station
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Gas Transmission Line and Metering Stations
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Local Utility Distribution Lines
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Public Utility Installations
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
|
|
|
|
|
P
|
|
|
|
Radio & Television or Microwave Towers
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Sewage Pumping Station
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Sewage Treatment Plant
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
|
S
|
S
|
P
|
P
|
S
|
P
|
|
|
|
Solar Farm
|
S
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
|
|
|
|
Railroad Tracks & Right-of-Way
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Telephone Line & Exchange
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Water Reservoir, Water Pumping Station & Well
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
Water Treatment Plant
|
P
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
P
|
P
|
P
|
P
|
|
P
|
|
|
|
Public or Private Utilities Unlisted and Storage Areas and Shops
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
S
|
S
|
S
|
P
|
P
|
|
|
|
|
8-104
ACCESSORY
AND INCIDENTAL USES
|
Schedule of Uses
|
A
|
SF1
|
SF2
|
SF3
|
2F
|
4F
|
MF1
|
MF2
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PD
|
PLI
|
ESS
|
HD*
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Accessory Residential Dwelling Units
|
P
|
P
|
P
|
P
|
|
|
|
|
|
S
|
|
|
|
|
|
|
P
|
|
|
|
|
Accessory Buildings
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Farm Accessory Building
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
P
|
|
P
|
P
|
P
|
|
|
|
|
Sign, Special Development
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Home Occupations
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
P
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Off-Street Parking Intentional [Incidental] to Main Use
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Swimming Pool (Private)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Servants, Watchman or Caretaker Quarters
|
P
|
P
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Community Center, Private
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Signs, Church Bulletin Boards & Schools
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Field Offices (Temporary)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Off-Premises Consumption Sale of Wine, Beer or Ale (Wine and
Beer Retail Sales Store) as an accessory use to grocery store
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
P
|
|
|
|
8-105
AUTOMOBILE
TYPE USES
|
Schedule of Uses
|
A
|
SF1
|
SF2
|
SF3
|
2F
|
4F
|
MF1
|
MF2
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PD
|
PLI
|
ESS
|
HD*
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Automobile Detailing Shop
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
S
|
P
|
|
|
|
|
|
|
Commercial Auto Parking Lot
|
|
|
|
|
|
|
|
|
P
|
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Truck Parking Lot
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
P
|
|
|
|
|
New or Used Car Lot (Open)
|
|
|
|
|
|
|
|
|
|
S
|
|
|
P
|
S
|
P
|
P
|
|
|
|
|
|
Auto Sales and Repair
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
P
|
|
|
Auto Laundry
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
|
|
P
|
|
|
Drag Strip or Commercial Racing
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
|
|
|
|
Go-Cart Track
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
|
|
|
|
Wrecking or Salvage Yard
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
|
|
|
|
Used Auto Parts, Sales in Building
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
|
|
Gasoline Service Station
|
|
|
|
|
|
|
|
|
|
|
S
|
|
S
|
P
|
P
|
P
|
P
|
|
P
|
|
|
Auto Fuel Sales
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
|
|
|
|
Tire Retreading & Capping
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
P
|
P
|
|
|
P
|
|
|
Towing with Vehicle Storage Facility
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
P
|
P
|
|
|
|
|
|
New Auto Accessory & Parts Sales Store
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
|
|
|
P
|
|
P
|
|
|
Seat Cover & Muffler Installation Shop
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
|
|
P
|
|
|
Liquefied Petroleum Gas Sales
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
|
P
|
|
8-106
RETAIL
& SERVICE TYPE USES
|
Schedule of Uses
|
A
|
SF1
|
SF2
|
SF3
|
2F
|
4F
|
MF1
|
MF2
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PDD
|
PLI
|
ESS
|
HD*
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Antique Shop
|
|
|
|
|
|
|
|
|
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Bakery, Retail Sales
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Bowling Alley
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Cafeteria
|
|
|
|
|
|
|
|
|
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Cleaning, Dyeing and Pressing Pickup & Small Shops
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Custom Personal Service Shop
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Candy or Cake Shop
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Drapery Shops
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Florist and Garden Shop
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Greenhouse or Nursery for Retail Plant Sales [or] Florist
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Handcraft Shop
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Household Appliance Service and Repair Shop
|
|
|
|
|
|
|
|
|
|
|
|
S
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Laundry and Cleaning Self-Service Automatic
|
|
|
|
|
|
|
|
|
|
S
|
P
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Microbrewery
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
|
|
|
|
Mimeograph, Stationery or Letter Shop
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Mortuary and Funeral Parlor
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Offices, Professional and Administrative
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
|
Off-Premises Consumption Sale of All Alcoholic Beverages, Package
Store
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
|
|
|
|
|
|
|
Pawn Shop
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
|
|
|
|
|
Private Club
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
P
|
P
|
|
|
|
Restaurant Without Drive-in Service
|
|
|
|
|
|
|
|
|
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
P
|
|
|
Restaurant With Drive-in Service
|
|
|
|
|
|
|
|
|
|
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Retail Stores and Shops offering Goods for Sale
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Sexually Oriented Businesses
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
|
|
|
|
Studio for Photographer, Musician or Artist
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Studio for Radio or Television
|
|
|
|
|
|
|
|
|
|
S
|
|
P
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Tattoo Shop and Body Piercing Shop
|
|
|
|
|
|
|
|
|
|
|
|
S
|
P
|
S
|
P
|
|
S
|
|
|
|
|
Veterinary Clinic– Large Animals
|
P
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
P
|
P
|
|
|
|
|
|
Veterinary Clinic– Small Animals
|
P
|
|
|
|
|
|
|
|
|
S
|
|
S
|
P
|
P
|
P
|
P
|
|
|
|
|
|
Food Truck Park
|
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
S
|
S
|
|
|
|
|
8-107
COMMERCIAL
& SERVICE USES
|
Schedule of Uses
|
A
|
SF1
|
SF2
|
SF3
|
2F
|
4F
|
MF1
|
MF2
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PD
|
PLI
|
ESS
|
HD*
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Bakery and Confectionery
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Commercial Wholesale Bottling Works
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
P
|
|
|
|
|
Billboard and Advertising Sign
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
|
|
|
|
|
Business Signs and Pole Signs
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Building Material Sales
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Cabinet or Upholstery Shop
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Cleaning and Dyeing Plant Commercial
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Cleaning Plant Carpet and Bags (With Special Equipment)
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
P
|
|
|
|
|
Commercial Amusements (Indoor)
|
|
|
|
|
|
|
|
|
|
|
|
S
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Commercial Amusements (Outdoor)
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Contractor’s Shop and Storage Yard
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
|
|
|
|
|
Dance Hall, Public
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
|
|
|
|
|
|
Distillery producing 6,000 gal. per year and more
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
|
|
|
|
Distillery producing less than 6,000 gal. per year
|
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
P
|
P
|
|
|
|
|
|
Drive-in Theater
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
|
|
|
|
|
Engine and Motor Repairing
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
|
|
Food Store
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
P
|
P
|
|
|
|
|
|
Heavy Machinery Sales and Storage
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
P
|
|
S
|
|
|
Household Appliances Sales and Storage
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
Job Printing
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
|
|
|
|
Laundry Plant (Commercial)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
|
Milk Depot, Dairy or Ice Cream Plant
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
|
Mixed Uses
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
S
|
|
S
|
S
|
S
|
|
Newspaper Printing
|
|
|
|
|
|
|
|
|
|
P
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
|
Paint Shop
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
|
Plumbing Shop
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
|
Railroad or Bus Passenger Station
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
P
|
|
|
|
|
Railroad Team Track, Freight Depot and Docks
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
|
|
|
|
Scientific and Research Laboratories
|
|
|
|
|
|
|
|
|
|
P
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Storage and Repair of Furniture and Appliances Inside a Building
|
|
|
|
|
|
|
|
|
|
P
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Storage and Sale of Furniture and Appliances Outside a Building
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
|
|
|
|
Self-Storage/Mini-Warehouse
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
P
|
P
|
P
|
|
|
|
|
Trailer Rental or Sales
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
P
|
P
|
|
|
|
|
|
Trade and Commercial Schools
|
|
|
|
|
|
|
|
|
|
S
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Transfer Storage
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
P
|
P
|
|
|
|
|
Wholesale Office and Sample Room
|
|
|
|
|
|
|
|
|
|
P
|
|
|
P
|
P
|
P
|
P
|
P
|
|
|
|
|
Warehouse Storage of Beer, Wine, or Liquor for Distribution
with no Retail Sales on the Premises
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
|
P
|
|
|
|
|
Notes:
|
|---|
|
* As permitted in designated zoning district classifications.
|
|
* As deleted in designated zoning district classifications:
Ordinance No. _____ , adopted 4/11/16.
|
8-108
INDUSTRIAL
USES
|
Schedule of Uses
|
A
|
SF1
|
SF2
|
SF3
|
2F
|
4F
|
MF1
|
MF2
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PD
|
PLI
|
ESS
|
HD*
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Light Manufacturing Processes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
P
|
|
|
|
|
Asphalt Paving Batching Plant
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
S
|
P
|
|
|
|
|
|
Concrete Products Manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
|
|
|
Concrete Batching Plant
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
†
|
S
|
P
|
|
|
|
|
|
Sand, Gravel or Stone Extraction
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
P
|
|
|
|
|
|
Any Manufacturing, Industrial or Storage Process Not Prohibited
by Law Except Those Specifically Mentioned in Section 12-100(1) through
(36)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
P
|
P
|
|
|
|
|
Loading, unloading or transloading of crude oil
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
|
|
|
|
Head shops
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
|
|
|
|
Notes:
|
|---|
|
* As permitted in designated zoning district classifications.
|
|
† Approval only through the Specific Use Permit Process
as provided herein within Section 12 of this Zoning Ordinance
|
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:
1.
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 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.
2.
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.
3.
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.
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 sections 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 [classification] does not include
libraries, museums, or noncommercial 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.
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 [of] 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.
11.
Big-Box Retail Establishment -
A singular
retail or 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 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 [or off 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.
Columbarium -
A structure or building
for the placement of the cremated remains of a deceased human being
or animal into an urn.
19.
Community Center (private) -
A central
social and recreational building as part of a housing project or community
unit development.
20.
Community Garden -
A private or public
facility for cultivation of fruits, flowers, vegetables, or ornamental
plants by more than one person or family.
21.
Community Unit Development -
An area
of five (5) acres or more of unsubdivided 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.
22.
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.
23.
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.
24.
Commercial Wholesale Bottling Works -
This is a commercial enterprise whose output is the bottling of beverages
for distribution. This enterprise then distributes the final product
to the wholesale sellers that are located typically in a particular
geographic area.
25.
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.
26.
Custom personal service
such as tailor,
shoe repair, barber, beauty shop, health studio or travel consultant.
27.
Day Camp (private) -
A recreational
area, with or without buildings, where children engage in supervised
training and recreation during daylight hours.
28.
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.
29.
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.
30.
Distillery -
A distillery is an establishment
where alcoholic beverages are made through distillation. Distilleries
may also include accessory uses such as office space, sampling/tasting
rooms, and restaurants and bar/taverns, and differ from micro-distilleries
by virtue of their scale and their principal purpose as a manufacturing
facility for these liquors. A distillery facility shall produce liquors
or spirits in accordance with any manufacturing and/or wholesaling
license in accordance with and required by federal, state, and local
requirements.
31.
Distribution Center (also, warehouse) -
A use where goods are received and/or stored for delivery to the
ultimate customer at remote locations.
32.
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.
33.
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.
34.
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.
35.
Farm Accessory Building -
An accessory
building or structure used or intended for use on an active commercial
food-producing farm operation. Said building or structure can be used
for storing agricultural equipment or farm produce or products. The
term “farm accessory building” shall not include dwellings.
36.
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.
37.
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.
38.
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.
39.
Gasoline Service Stations -
A business
conducting the sale of gasoline and oil, minor auto repair, washing,
lubrication and other periodic maintenance.
40.
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.
41.
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.
42.
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.
43.
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 other similar processes, which neutralizes the waste
or renders it nonhazardous, safer for transport, amenable for recovery,
storage, or reduced in volume expecting [excepting] “elementary
neutralizing units” and “pretreatment units,” as
defined in (state) rules. Hazardous waste processing does not include
incineration or disposal.
44.
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.
45.
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 nonprofit religious, educational, or philanthropic institution.
46.
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.
47.
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.
48.
Head Shops -
This definition shall
be eliminated.
49.
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.
50.
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.
51.
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.
52.
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.
53.
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.
54.
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.
55.
Medical Waste Facility -
A facility
used to store and/or repackage medical waste for transportation to
a processing facility.
56.
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 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.
57.
Microbrewery -
A facility for the production
and packaging of malt beverages of low alcoholic content for distribution,
retail, wholesale, on or of [off] premises, with a capacity of not
more than fifteen thousand (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.
58.
Package Store -
A building or structure
designed for a use requiring a package store permit by the Texas Alcoholic
Beverage Commission.
59.
Pawnshop
means a location at which
or premises in which a business regularly (a) lends money on the security
of pledged goods; or (b) purchases goods on condition that the goods
may be redeemed or repurchased by the seller for a fixed price within
a fixed period. For the purposes of this definition, “pawn transaction”
means the pledging with a pawnbroker of a single item of goods as
security for a loan of money, and “pledged goods” means
goods deposited with or otherwise delivered into the possession of
a pawnbroker in connection with a pawn transaction.
60.
Paint Shop,
but excluding all cooking
or baking or [of] varnish, paint or lacquer.
61.
Private Club -
Shall be as defined
by Article 666-15e of Vernon’s Annotated Penal Code and amendments
thereto.
62.
Railroad Track and Right-of-Way,
but
not including railroad stations, sidings, team tracks, loading facilities,
docks, yards or maintenance areas.
63.
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.
64.
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.
65.
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.
66.
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.
67.
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.
68.
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.
69.
Residence Home for Aged -
A home where
elderly people are provided with lodging and meals with or without
nursing care.
70.
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.
71.
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.
72.
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.
73.
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.
74.
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.
75.
Sign, business -
A panel, display or
device which advertises or promotes commodities or services offered
on the premises where such signs are located.
76.
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.
77.
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.
78.
Solar Energy Storage Facility -
Equipment
consisting of containers, heat exchanges [exchangers], 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.
79.
Solar Farm -
The components and subsystems
required to convert solar energy into electric or thermal energy suitable
to supply merchant power to the electric grid. The area of the system
includes all the land inside the perimeter of the system, which extends
to any fencing, land area required for setbacks, landscaping and signage.
This term applies, but is not limited to, solar photovoltaic (PV)
systems and solar thermal systems. This term does not apply to roof
mounted on any code-compliant structure, ground mounted and in compliance
with necessary structure provisions as shall be contained within the
City of Paris Zoning Ordinance, or any building integrated solar (i.e.,
shingle, hanging solar, canopy).
80.
Storefront Church -
A store or similar
structure not typically used for religious activities that is used
as a meeting place for a religious congregation.
81.
Substance Abuse Treatment Facility -
A facility for the purposes of temporary or long-term inpatient treatment
of victims of drug use or addiction.
82.
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.
83.
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
(1) 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. The creation, insertion
or application of permanent cosmetics shall not be classified as tattooing
for the purposes of this ordinance; therefore, its presence or practice
in an establishment shall not alone cause said establishment to be
defined as a Tattoo Parlor.
84.
Telephone Line and Exchange,
but not
including public business facilities, storage or repair facilities.
85.
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.
86.
Veterinary Clinic–Large Animals -
Any facility maintained by or for the use of a licensed veterinarian
in the diagnosis, treatment, and/or the prevention of animal diseases
or medical maladies wherein the animals served are typical farm animals
such as horses, cattle, and sheep, or other comparable animals. As
necessary, outside medical services shall be permitted on site of
said facility.
87.
Veterinary Clinic–Small Animals -
Any facility maintained by or for the use of a licensed veterinarian
in the diagnosis, treatment, and/or the prevention of animal diseases
or medical maladies wherein the animals are limited to dogs, cats,
or other comparable household pets.
88.
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.
89.
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.
90.
Youth Hostel -
A place where travelers
may stay for a limited duration, as recognized by the International
Hostel Association.
91.
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.
92.
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.
93.
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.
94.
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.
95.
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.
f.
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 91 [95] following.
96.
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.
Cement, lime, gypsum or plaster of paris manufacture.
b.
Cotton gin or compress.
c.
Petroleum and petroleum products refining and manufacture.
d.
Petroleum tank farm.
e.
Petrochemical plant.
f.
Wrecking yard or salvage yard.
g.
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 criteria is presently or in the future
is determined a hazard and subject to special control.
97.
Mobile Food Unit (Food Truck) -
An
operational motor vehicle and/or enclosed trailer from which food
and associated non-alcoholic beverages are prepared, served and/or
sold on private property for a period of time which exceeds 60 minutes
or two instances of 30 minutes each day. This definition shall also
apply to any seating, garbage and/or recycling containers, gear or
equipment that is associated with the food truck’s operation.
98.
Food Truck Park (Court) -
A property
used or developed to accommodate one or more food trucks as the primary
use of the property while possibly accommodating areas on the property
for entertainment or recreational opportunities. Food truck courts
must have a valid certificate of occupancy in addition to all other
applicable permits and inspections, and must accommodate all requirements
of use.
99.
Small Home -
A cottage or bungalow consisting of a single story, constructed with a permanent foundation, and meeting all other requirements of the building codes in place at the time of its construction, unless otherwise provided in Chapter 28.5 [Article 4.09] of the Code of Ordinances. Small homes shall be at a minimum 700 square feet in size and may not exceed 999 square feet in size.
100.
Small Home Park -
A residential land
use in which multiple small homes as defined herein are placed on
a single lot approved under the city’s subdivision regulations.
8-300
PD, PLANNED DEVELOPMENT DISTRICT USES PERMITTED:
The planned development (PD) zone is established to provide
greater flexibility in development planning for large or complex developments
planned as a single comprehensive, integrated project. A development
in a PD zone may include planned associations of various land uses
which creatively complement each other and harmonize with the existing
and proposed land uses in the nearby area. A PD is intended to allow
single- or multi-use projects within its boundaries, and is appropriate
only when the resulting development is considered more beneficial
to the community as a planned development than that which would occur
using conventional zoning and subdivision regulations. Therefore,
in some instances such developments may not conform to specific land
use patterns designated in the zoning map or district regulations
prescribed by this article or the subdivision ordinance.
8-301
The
City Council of the City of Paris, Texas, after public hearing and
proper notice to all parties affected and after recommendations from
the Planning and Zoning Commission, may authorize the creation of
Planned Development Districts that might include:
1.
Commercial
center.
2.
Residential
development of multiple or mixed housing.
3.
Industrial
parks or districts.
4.
Medical
center and hospital.
5.
Civic
center and community center.
6.
Office
centers.
7.
Service
centers.
8.
Recreation
centers.
9.
Any
appropriate combination of uses that may be planned, developed, or
operated as integrated land uses.
10.
Transition
districts as an extension of an existing district whereby the provision
of off-street parking, screening walls, open space and planting would
create a protective transition between a lesser and a more restrictive
district.
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In order to be approved, a proposed PD zoning district must
meet the following requirements:
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1.
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Any proposed modifications will substantially meet the intent
of the zoning and subdivision ordinances and the comprehensive plan.
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2.
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Any proposed modification will provide for better overall project
design than straight zoning.
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3.
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The combination of different dwelling types and/or the variety
of land uses in the development will complement each other and will
harmonize with existing and proposed land uses in the vicinity.
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4.
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The development will not generate more traffic than the streets
in the vicinity can carry without congestion, and the development
will not overload municipal services.
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5.
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Financial reasons shall not be the sole reason for modification
of standards.
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6.
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A planned development district must be a minimum of ten (10)
developable acres in size.
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An applicant must have a predevelopment meeting with city staff.
Said applicant may submit a preliminary plan with the application
for a PD district if the applicant is not ready to begin development
of part or the entire site. The preliminary plan shall contain all
information necessary to ensure that the development complies with
all applicable regulations and requirements.
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A preliminary plan shall include:
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a)
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A metes and bounds description of the entire PD development
tract.
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b)
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A drawing locating floodplain areas, water bodies, creeks, drainage
areas, and significant natural features such as major tree groupings
and important view corridors.
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c)
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Sufficient evidence to establish that the applicants are in
fact all the owners or have control of all outstanding interest of
the land and structures thereon.
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d)
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A drawing locating all land use areas, showing proposed gross
acreage of each use, maximum lot coverage, maximum height, minimum
setbacks, residential densities, approximate gross floor areas and
floor to area ratios for all commercial, industrial, and office uses.
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e)
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Location of all major access points, thoroughfares, and collectors
within the development.
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f)
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Identification of all major land use classifications and the
approximate acreage within the development as related to current zoning
district designations or the specific purpose.
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g)
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Indication of each phase of development if the proposed PD is
to be implemented in separate phases.
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h)
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Indication by acreage or percentage of total development of
all major areas planned for public and private open space and notification
if any part of the development lies in floodplain areas.
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i)
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Land area included with the site and the land area of all abutting
sites with the zoning classifications thereon, and dimensions and
locations of all public and private rights-of-way and easements bounding
and intersecting the site.
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j)
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Estimates of traffic volumes and turning movements. k) Signature
of the applicant’s engineer and planner.
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l)
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A location map showing the relationship of the PD to adjacent
properties and the land uses and thoroughfares shown on the comprehensive
plan and intended for the area.
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A preliminary plan shall expire on the second anniversary of
the date the plan was approved by City Council if no physical development
has begun.
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8-302
In
establishing a Planned Development District in accordance with this
section, the City Council shall require comprehensive development
and site plans. Such development and site plans shall be approved
and filed as a part of the ordinance establishing the district prior
to the issuance of any Building Permit in a Planned Development District.
Such required plan and ordinance shall set forth the requirements
for ingress and egress to the property, public or private streets
or drives with adequate right-of-way to conform to the Thoroughfare
Plan of the City of Paris, sidewalks, utilities, drainage, parking
spaces, heights of buildings, maximum lot coverage, yards and open
spaces, screening walls or fences, and other development and protective
requirements considered necessary to create a reasonable transition
to and protection of the adjacent property.
8-303
Every
Planned District approved under the provisions of this Ordinance shall
be considered as an amendment to the ordinance as applicable to the
property involved. In approving the Planned Development District,
the City Council may impose conditions relative to the standard of
development and such conditions shall be complied with before a Certificate
of Occupancy is issued for the use of the land or any structure which
is part of the Planned Development District and such conditions shall
not be construed as conditions precedent to the approval of the zoning
amendment, but shall be construed as conditions precedent to the granting
of a Certificate of Occupancy.
8-400
HISTORIC DISTRICTS
8-401
For purposes of this ordinance, Historic Districts (HD) are hereby established as Overlay Districts. All structures in Historic Districts shall comply with the requirements of Article 9.05 of the Code of Ordinances (The Historic Preservation Ordinance) as well as the provisions of this Zoning Ordinance.
8-402
In
any Historic District (HD) created as an Overlay District under this
ordinance:
1.
No person shall erect, construct, demolish, or proceed or continue with the erection, construction, or demolition of any building or structure or add to the exterior of any building or structure or cause the same to be done or alter the exterior of a property or any portion of the exterior of a structure on the site, or place, construct, maintain, expand, or remove any structure without first complying with the requirements of Article 9.05 of the Code of Ordinances of the City of Paris (the Historic Preservation Ordinance), and where necessary, without first obtaining a Certificate of Appropriateness issued by the Historic Preservation Commission.
2.
No permit for construction shall be issued in a Historic District without the applicant for said permit having first complied with the requirements of Article 9.05 of the Code of Ordinances of the City of Paris (the Historic Preservation Ordinance), including, where necessary, obtaining a Certificate of Appropriateness issued by the Historic Preservation Commission.
3.
Prior to commencement of any work, the owner of any property located in a Historic District shall comply with the requirements of Article 9.05 of the Code of Ordinances of the City of Paris (the Historic Preservation Ordinance), including, where necessary, filing an application for a Certificate of Appropriateness with the Director of Community Development.
4.
When a person seeking to undertake any project as described in paragraph A [a.] of this subsection has complied with the requirements of Article 9.05 of the Code of Ordinances (the Historic Preservation Ordinance), including, where necessary, obtaining a Certificate of Appropriateness issued by the Historic Preservation Commission, and the project is determined by the Building Official to meet all applicable building codes, a building permit shall be issued.
5.
The
procedure for adopting an ordinance to establish or amend a Historic
Landmark or Historic District may be initiated by the City Council,
the Planning and Zoning Commission, the Historic Preservation Commission,
or by the owners of the property within the area of request. Upon
initiation of the procedure, no application may be accepted for a
permit to place, construct, alter, demolish, or remove any structure
on the property until the earliest of the following dates:
8-500
HOME OCCUPATIONS
8-501
A
home occupation, as defined in Section 8-201(45), may be conducted
in single-family residential zoning districts (A, SF-1, SF-2, SF-3)
with a permit granted under this Section when such use is clearly
subordinate or incidental to the principal use of the premises for
dwelling purposes.
1.
Home occupations which are conducted as limited by Section 8-502 below and which have the general character of the following uses are permitted:
a.
Artist,
photographer, sculptor.
b.
Author,
composer, editor, translator, writer.
c.
Contractor
or service business; provided that all requirements of this section
are met as well as the following additional requirements:
A.
Not more than one (1) commercial vehicle shall be parked on the property.
B.
No contracting equipment or materials shall be stored on the premises,
except in a commercial vehicle used for transporting said equipment
and materials between jobs, and no loading or unloading shall be done
on or in the vicinity of the premises.
d.
Dressmaker,
seamstress, and tailor.
e.
Home
crafts such as lapidary work, macrame, model making, and weaving.
f.
Office
of an ordained minister of religion.
g.
Office
of an accountant, architect, bookkeeper, broker, clerical service,
computer programmer, consultant, dentist, counselor, engineer, instructor
in the arts and crafts, insurance agent, land surveyor, landscape
architect, lawyer, musician, physician, real estate broker, or telephone
service.
h.
Office
of a salesman, sales representative, or manufacturer’s representative.
i.
Repair
services, such as musical instruments, watches and clocks, small household
appliances, and toys or models.
j.
Caterer
defined as a person or company that makes or serves food and/or drinks
for social events or other gatherings off premises: one who caters.
In addition to the requirements for all home occupations set forth
in this section, a catering home occupation business must also meet
the following additional requirements:
A.
A minimum lot size of one and one half (1-1/2) acres is required
in a single-family residential zoning district (A, SF-1, SF-2, SF-3).
B.
Not more than one (1) commercial vehicle shall be parked on the property.
C.
The applicant shall be in compliance with the Lamar County Health
Department regulations and applicable city building and fire department
regulations.
D.
The home occupation permit is valid for a term of 12 months from
the date of issuance. Each Home Occupation Caterer is responsible
for obtaining a valid certificate from the City of Paris Building
Official to operate.
2.
It
shall be illegal to conduct any occupation in a dwelling unless specifically
authorized in accordance with other provisions of this ordinance.
Occupations not permitted in a dwelling as a home occupation shall
include, but not be limited to, those with the general characteristics
of the following:
a.
Amusement
or dance parlor.
b.
Antique
shop.
c.
Barber
shop or beauty salon.
d.
Funeral
home or chapel.
e.
Gift
shop.
f.
Kennel
or other boarding of animals.
g.
Medical
or dental clinic, hospital, nursing home.
h.
Office
of a health care provider when special mechanical equipment is required.
i.
Motor
vehicle repair or sales.
j.
Day
care center or nursery school.
k.
Tattoo
parlor.
l.
Fortune
teller, palm reader, or similar services.
m.
Repair
or testing of internal combustion engines.
n.
Restaurant
or tearoom.
o.
Tourist
home, boarding house, rooming house.
p.
Veterinary
clinic or animal hospital.
8-502
All
home occupations shall meet the following criteria and standards:
1.
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.
2.
The
area set aside for a home occupation shall not exceed twenty (20)
percent 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.
3.
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.
4.
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.
5.
No
toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive
or other restricted material or other Performance Standards elements
shall be stored on-site.
6.
No
mechanical equipment other than that ordinarily utilized within a
dwelling unit for household or hobby purposes shall be permissible.
7.
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.
8.
No
home occupation shall require external alteration of the residence
or other visible evidence of the conduct of such home occupation.
9.
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:
a.
Public
access to the home occupation shall be by invitation only and there
shall ordinarily be no more than one (1) 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;
b.
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.
10.
(Reserved)
11.
Home
occupations shall be restricted to the hours of 8:00 a.m. to 9:00
p.m.
12.
(Reserved)
13.
There
shall be no outside display, storage, or sale of merchandise or equipment.
14.
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.
15.
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 (1) time.
16.
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 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.
8-503
All
home occupations are required to obtain a home occupation permit by
application to the Community Development Department. Such permits
shall be issued only upon a positive finding that an application complies
with all the requirements set out herein. Approval is personal to
the applicant and shall not run with the land. The annual fee for
such permit shall be $25.00. Approval shall expire one (1) year from
the date of issuance, at which time the permit may be renewed by the
Community Development Department based upon findings that the requirements
of this ordinance are being met. The applicant is required to contact
the Community Development Department at least sixty (60) days prior
to the expiration of the permit in order to seek a renewal.
8-504
A
home occupation permit shall be subject to cancellation in the event
of any noncompliance with or violation of any provisions of this ordinance.
Cancellations take effect immediately upon a finding of noncompliance.
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.
(Ordinance 2055, sec. 1, adopted 10/18/71; Ordinance 2074, secs. 1, 2, adopted 3/13/72; Ordinance 2075, sec. 2, adopted 3/13/72; Ordinance 2095, secs. 2, 3, adopted 6/12/72; Ordinance 2110, secs. 1, 2, adopted 9/11/72; Ordinance 2120, sec. 1, adopted 12/11/72; Ordinance 2125, sec. 1, adopted 1/8/73; Ordinance 2559, sec. 1, adopted 3/9/81; Ordinance 2566, secs. 1, 2, adopted 4/13/81; Ordinance 85-067, secs. 1a, 1b,
adopted 12/9/85; Ordinance
87-016, sec. 1, adopted 3/9/87; Ordinance 89-005, sec. 1, adopted 2/13/89; Ordinance 89-031, sec. 1, adopted 8/24/89; Ordinance 90-014, sec. 1, adopted 4/9/90; Ordinance 95-021, sec. 1, adopted 6/12/95; Ordinance 98-037, secs. 1, 2, adopted 8/10/98; Ordinance 2003-019, secs. 4, 5, adopted 5/8/03; Ordinance 2005-053, secs. 2, 3, adopted 9/26/05; Ordinance 2010-007, sec. 2, adopted 2/8/10; Ordinance 2012-017, secs. 2,
3, adopted 6/11/12; Ordinance
2012-029, secs. 2, 3, adopted 10/8/12; Ordinance 2016-006, secs. 4–8, adopted 3/14/16; Ordinance 2016-011, secs. 2–7, adopted 4/11/16; Ordinance 2017-001, secs. 2–4, adopted 1/9/17; Ordinance 2017-002, sec. 5, adopted 1/9/17; Ordinance 2017-013, sec. 2, adopted 4/10/17; Ordinance 2017-017, sec. 2, adopted 5/22/17; Ordinance 2017-022, secs. 2, 3, adopted 6/12/17; Ordinance 2017-049, sec. 2, adopted 12/11/17; Ordinance 2018-012, secs. 2–4,
adopted 4/23/18; Ordinance
2018-038, secs. 3–11, adopted 11/12/18; Ordinance 2019-006, sec. 2, adopted 1/28/19; Ordinance
2019-013, secs. 1–9, adopted 3/25/19; Ordinance 2019-017, secs. 4–6, adopted 5/13/19; Ordinance 2019-022 adopted 6/24/19; Ordinance
2020-057, sec. 2, adopted 10/26/20; Ordinance 2020-061, sec.
2, adopted 11/9/20; Ordinance
adopting 2021 Code; Ordinance
2021-019 adopted 7/26/21; Ordinance 2021-020 adopted 7/26/21; Ordinance
2024-022 adopted 7/22/2024)
9-100
Except as hereinafter provided, no building or
structure or part thereof shall be erected, altered or converted for
any use permitted in the district in which it is located unless it
is in conformity with all the minimum regulations herein specified
for lot area, lot width, dwelling unit area, lot coverage and front,
side and rear yards and dwelling area.
9-101
LOT
AREA:
The minimum residential lot area for the various Districts shall
be in accordance with the following schedule, except that a lot having
less area than herein required which was an official “lot of
record” prior to the adoption of this Ordinance may be used
for a one-family dwelling and no lot existing at the time of passage
of this Ordinance shall be reduced in area below the minimum requirements
set forth herein:
9-102
IN
THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT AREA FOR RESIDENTIAL
USE SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(1)
Schedule minimum lot areas–Residential districts in square
feet*
|
Type Use
|
A
|
SF-1
|
SF-2
|
SF-3
|
2F
|
MF-1
|
MF-2
|
PD
|
|---|---|---|---|---|---|---|---|---|
|
One-Family Dwelling Detached
|
1 Acre
|
1.5 Acres
|
7,500
|
5,000
|
6,000
|
7,500
|
5,000
|
5,000
|
|
One-Family Dwelling Detached [Attached]
|
|
|
|
|
|
2,000
|
2,000
|
2,000
|
|
Two-Family Dwelling
|
|
|
|
|
6,000
|
6,000
|
6,000
|
6,000
|
|
Multiple-Family Dwelling One To Three Stories
|
|
|
|
|
|
7,000 Sq. Ft. for First Four Units Plus 1,200 Sq. Ft. Each
|
7,000 Sq. Ft. for First Four Units Plus 1,200 Sq. Ft. Each
|
Same as MF-1
|
|
|
|
|
|
|
|
Added Unit
|
Added Unit
|
|
|
Multiple-Family Dwelling Over Three Stories
|
|
|
|
|
|
|
10,000 Sq. Ft. for First 8 Units Plus 250 Sq. Ft. Each Added
Unit
|
Same as MF-2
|
|
*For a Legal Non-Conforming Lot of Record with regard to lot size, refer to Section 15-103 of this Ordinance.
|
(2)
Schedule minimum lot areas–Nonresidential districts in square
feet
|
Type Use
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PLI
|
|---|---|---|---|---|---|---|---|---|---|
|
One-Family Dwelling Detached
|
7,500
|
6,000
|
6,000
|
5,000
|
5,000
|
5,000
|
|
Res-idential Uses Not Permitted
|
None
|
|
One-Family Dwelling Attached
|
2,000
|
2,000
|
2,000
|
2,000
|
2,000
|
2,000
|
|
Res-idential Uses Not Permitted
|
None
|
|
Two-Family Dwelling
|
6,000
|
6,000
|
6,000
|
6,000
|
6,000
|
6,000
|
|
Res-idential Uses Not Permitted
|
None
|
|
Multiple-Family Dwelling One To Three Stories
|
7,000 Sq. Ft. for First Four Units Plus 1,200 Sq. Ft. For Each
Added Unit
|
7,000 Sq. Ft. for First Four Units Plus 1,200 Sq. Ft. For Each
Added Unit
|
7,000 Sq. Ft. for First Four Units Plus 1,200 Sq. Ft. For Each
Added Unit
|
7,000 Sq. Ft. for First Four Units Plus 1,200 Sq. Ft. For Each
Added Unit
|
7,000 Sq. Ft. for First Four Units Plus 1,200 Sq. Ft. For Each
Added Unit
|
7,000 Sq. Ft. for First Four Units Plus 1,200 Sq. Ft. For Each
Added Unit
|
|
Res-idential Uses Not Permitted
|
None
|
|
Multiple-Family Dwelling Over Three Stories
|
|
|
|
|
10,000 Sq. Ft. for First 8 Units Plus 250 Sq. Ft. Each Added
Unit
|
10,000 Sq. Ft. for First 8 Units Plus 250 Sq. Ft. Each Added
Unit
|
10,000 Sq. Ft. for First 8 Units Plus 250 Sq. Ft. Each Added
Unit
|
Res-idential Uses Not Permitted
|
None
|
9-200
LOT WIDTH:
The minimum lot width for lots in the various Districts used
for residential purposes shall be in accordance with the following
schedule, except that a lot having less width than herein required
which was an official “lot of record” prior to the adoption
of this Ordinance may be used as a one-family dwelling and no lot
existing at the time of passage of this Ordinance shall be reduced
in width below the minimum set forth herein:
9-201
IN
THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT WIDTH FOR RESIDENTIAL
USES SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(1)
Schedule minimum lot widths–Residential districts*
|
Minimum Width of Lot in Feet
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Type Use
|
A
|
SF-1
|
SF-2
|
SF-3
|
2F
|
MF-1
|
MF-2
|
PD
|
|
One-Family Dwelling Detached
|
100
|
150
|
60
|
50
|
60
|
50
|
50
|
50
|
|
One-Family Attached
|
|
|
|
|
|
20
|
20
|
20
|
|
Two-Family Dwelling
|
|
|
|
|
60
|
60
|
60
|
60
|
|
Multiple-Family Dwelling
|
|
|
|
|
|
60
|
70
|
70
|
|
*For a Legal Non-Conforming Lot of Record with regard to lot width, refer to Section 15-103 of this Ordinance.
|
(2)
Schedule minimum lot widths–Nonresidential districts
|
Minimum Width of Lot in Feet
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Type Use
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PLI
|
|
One-Family Dwelling Detached
|
50
|
50
|
50
|
50
|
50
|
50
|
|
None specified
|
None specified
|
|
One-Family Attached
|
20
|
20
|
20
|
20
|
20
|
20
|
20
|
Specified
|
None specified
|
|
Two-Family Dwelling
|
60
|
60
|
60
|
60
|
60
|
60
|
|
None specified
|
None specified
|
|
Multiple-Family Dwelling
|
60
|
60
|
60
|
70
|
70
|
70
|
|
None specified
|
None specified
|
9-300
LOT DEPTH:
The minimum lot depth for the various Districts shall be in
accordance with the following schedule, except that a lot having less
depth than herein required which was an official “lot of record”
prior to the adoption of this Ordinance may be used for a one-family
dwelling and no lot existing at the time of passage of this Ordinance
shall be reduced in depth below the minimum set forth herein:
9-301
IN
THE FOLLOWING ZONING DISTRICTS THE MINIMUM LOT DEPTH FOR RESIDENTIAL
USES SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(1)
Schedule minimum lot depth–Residential districts*
|
Minimum Depth of Lot in Feet
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Type Use
|
A
|
SF-1
|
SF-2
|
SF-3
|
2F
|
MF-1
|
MF-2
|
PD
|
|
Minimum Depth of Lot in Feet for Residential Uses
|
150
|
200
|
100
|
100
|
100
|
120
|
120
|
100
|
|
*For a Legal Non-Conforming Lot of Record with regard to lot depth, refer to Section 15-103 of this Ordinance.
|
(2)
Schedule of minimum lot depths–Nonresidential districts
|
Minimum Depth of Lot in Feet
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Type Use
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PLI
|
|
Minimum Depth of Lot in Feet for Residential Uses
|
|
100
|
100
|
100
|
100
|
100
|
120
|
None
|
None
|
9-400
LOT COVERAGE AND FLOOR AREA RATIO:
The maximum percentage of any lot area which may hereafter be
covered by the main building and all accessory buildings and the maximum
ratio of floor area to the total area of the lot or tract on which
a building is located shall not exceed the following schedule, except
where an existing building at the effective date of this Ordinance
may have a greater percentage of a lot covered or a higher floor area
ratio than herein prescribed, such building shall be considered a
conforming use:
9-401
IN
THE FOLLOWING ZONING DISTRICTS THE MAXIMUM BUILDING LOT COVERAGE AND
FLOOR AREA RATIO SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(1)
Schedule maximum building coverage–Residential districts
|
|
A
|
SF-1
|
SF-2
|
SF-3
|
2F
|
MF-1
|
MF-2
|
PD
|
|---|---|---|---|---|---|---|---|---|
|
Maximum Percent of Lot Area Which May Be Covered by Building
|
15
|
15
|
35
|
35
|
35
|
40
|
40
|
40
|
(2)
Schedule maximum coverage and FAR–Nonresidential districts
|
Type Use
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PLI
|
|---|---|---|---|---|---|---|---|---|---|
|
Maximum Percent of Lot Area Which May Be Covered by Building
|
40
|
40
|
40
|
|
|
|
|
None
|
|
|
Maximum Percent of Lot Area Which May Be Covered By Building
in Nonresidential Use
|
40
|
40
|
40
|
40
|
|
|
|
None
|
|
|
Maximum Floor Area-Lot Area Ratio
|
|
|
|
|
2:1
|
10:1
|
1:1
|
None
|
1:2
|
|
Maximum Percent of Lot Area Which May Be Covered By Building
in Nonresidential Use of 30%
|
|
|
|
|
|
|
|
|
|
9-402.1
MINIMUM SIZES OF RESIDENTIAL STRUCTURES:
(1)
Residential structures in SF-1 shall be a minimum size of 1,800 square
feet.
(2)
Residential structures in SF-2 shall be a minimum size of 1,500 square
feet.
(3)
Residential structures in SF-3 shall be a minimum size of 1,000 square
feet; however, a structure with a minimum size of 700 square feet
may be allowed in SF-3 with an SUP.
(4)
In no case may a structure of less than 700 square feet of interior
area be constructed or occupied in the city.
Editor’s note–Ordinance 2019-017, sec. 7, adopted provisions designated as “(3) Minimum sizes of residential structures.” The ordinance did not specify where such provisions should be included. At the direction of the city, these provisions have been included as section 9-402.1.
9-500
FRONT YARD:
No building, structure or use shall hereafter be located, erected
or altered so as to have a smaller front yard than hereinafter required:
9-501
IN
THE FOLLOWING ZONING DISTRICTS THE MINIMUM REQUIRED FRONT YARD SHALL
BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE AND NO BUILDING, STRUCTURE
OR USE SHALL HEREAFTER BE LOCATED, ERECTED, OR ALTERED SO AS TO HAVE
A SMALLER FRONT YARD THAN HEREINAFTER REQUIRED:
9-502
SPECIAL
FRONT YARD REGULATIONS:
(1)
Where
the frontage on one side of a street between two intersecting streets
is divided by two or more zoning districts, the front yard shall comply
with the requirements of the most restrictive district for the entire
frontage. (See appendix illustration 7.)
(2)
Where
a building line has been established by plat or ordinance and such
line requires a greater or lesser front yard setback than is prescribed
by this ordinance for the district in which the building line is located,
the required front yard shall comply with the building line so established
by such ordinance or plat.
(3)
The
front yard shall be measured from the property line to the front face
of the building, covered porch, covered terrace or attached accessory
building. Eaves and roof extensions may project into the required
front yard for a distance not to exceed four (4) feet and subsurface
structures, platforms or slabs or fences may not project into the
front yard to a height greater than forty (40) inches above the average
grade of the yard. (See appendix illustration 5)
(4)
Where
lots have double frontage, running through from one street to another,
a required front yard shall be provided on both streets unless a building
line for accessory buildings has been established along one frontage
on the plat or by ordinance, in which event only one required front
yard need be observed. (See appendix illustration 6.)
(5)
If
thirty percent (30%) or more of the frontage on one side of a street
between two intersecting streets in any residential district is improved
with buildings prior to the effective date of this ordinance that
have observed an average front yard line with a variation in depth
of not more than six (6) feet, then the average front yard so established
shall be observed; provided, however, that this regulation shall not
be interpreted as requiring a front yard line of more than fifty (50)
feet. (See appendix illustration 8.)
(6)
In
the MF-2 District, a minimum front yard of twenty (20) feet shall
be required provided, however that in no case shall the distance from
the centerline of the street on which a building fronts to the front
face of the building be less than one-half (1/2) the height of the
building.
(7)
In
the PD District, the following front yards shall be provided:
Commercial or retail development - Sixty (60) feet except drive-in
service buildings may have a minimum thirty (30) foot yard and gasoline
service station pump islands may not be located nearer than twelve
(12) feet to the front property line.
Housing development - Twenty-five (25) feet.
Industrial development - Thirty (30) feet.
Office, medical or other development - Twenty (20) feet.
(8)
Gasoline
service station pump islands may not be located nearer than twelve
(12) feet to the front property line.
(9)
In
the CA, C, LI and HI Districts no front yard is required except that
no structure may be erected nearer than thirty (30) feet to the centerline
of any street upon which such structure fronts.
(10)
In the PLI District the front yard shall be no less than that required
by the adjacent district.
9-600
SIDE YARD:
9-601
In
the following zoning districts the minimum required side yard shall
be in accordance with the following schedule and no building, structure
or use shall hereafter be located so as to have a smaller side yard
on each side of such building than herein required:
(1)
Schedule minimum side yards–Residential districts
|
|
A
|
SF-1
|
SF-2
|
SF-3
|
2F
|
MF-1
|
MF-2
|
PD
|
|---|---|---|---|---|---|---|---|---|
|
Side Yard Residential Structures Maximum [Minimum]
|
Five (5) Feet Required in Each Side Yard
|
Five (5) Feet Required in Each Side Yard
|
Five (5) Feet Required in Each Side Yard
|
Five (5) Feet Required in Each Side Yard
|
Five (5) Feet Required in Each Side Yard
|
Five (5) Feet Required in Each Side Yard
|
Five (5) Feet Required in Each Side Yard
|
See Section 9-602(7)
|
|
Required Width in Feet
|
Except As Provided in Section 9-602(1) Through (6)
|
Except As Provided in Section 9-602(1) Through (6)
|
Except As Provided in Section 9-602(1) Through (6)
|
Except As Provided in Section 9-602(1) Through (6)
|
Except As Provided in Section 9-602(1) Through (6)
|
Except As Provided in Section 9-602(1) Through (6)
|
Except As Provided in Section 9-602(1) Through (6)
|
|
(2)
Schedule minimum side yards–Nonresidential districts
|
P
|
O
|
NS
|
GR
|
C
|
CA
|
LI
|
HI
|
PLI
|
ESS
|
|---|---|---|---|---|---|---|---|---|---|
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-reside ntial Uses None Except [sic]
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-residential Uses None Except [sic]
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-residential Uses None Except [sic]
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-residential Uses None Except [sic]
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-residential Uses None Except [sic]
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-residential Uses None Except [sic]
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-residential Uses None Except [sic]
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-residential Uses None Except [sic]
|
For Residential Uses 10 Percent of the Width of the Lot - For
Non-residential Uses None Except [sic]
|
As Specified in Section 9-602(8) [9-602(9)]
|
9-602
SPECIAL
SIDE YARD REGULATIONS:
(1)
Every
part of a required side yard shall be open and unobstructed except
for accessory buildings as permitted herein and the ordinary projections
of window sills, belt courses, cornices and other architectural features
projecting not to exceed twelve (12) inches into the required side
yard and roof eaves projecting not to exceed thirty-six (36) inches
into the required side yard.
(2)
Multiple-family
dwellings not exceeding three (3) stories in height shall provide
a minimum side yard of fifteen (15) feet between any building wall
containing openings for windows, light and air and any side lot line
except that any such building face or wall not exceeding thirty-five
(35) feet in width may provide a minimum side yard of ten (10) feet.
Where a building wall contains no openings for windows, light or air
a minimum side yard of ten (10) feet shall be provided between such
wall and the side lot line. (See appendix illustration 9)
(3)
On
a corner lot a side yard adjacent to a street for a multiple-family
dwelling not exceeding three (3) stories in height shall not be less
than fifteen (15) feet and no balcony or porch or any portion of the
building may extend into such required side yard except that a roof
may overhang such side yard not to exceed four (4) feet.
(4)
Where
apartment buildings or structures are constructed to exceed three
(3) stories in height, a side and rear yard equal to one (1) foot
for each two (2) feet of building height for all building faces or
walls having opening for light, air or access shall be provided except
that such side or rear yard need not exceed fifty (50) feet. In all
districts permitting the construction of apartment buildings exceeding
three (3) stories in height, a minimum side yard of ten (10) feet
shall be required for any building face or wall which contains no
openings for windows, light and air.
(5)
On
a corner lot used for one-family or two-family dwellings both street
exposures shall be treated as front yards on all lots platted after
the effective date of this ordinance, except that where one street
exposure is designated as a side yard by a building line shown on
a plat approved by the Planning and Zoning Commission containing a
side yard of ten (10) feet or more the building line provisions on
that plat shall be observed. On lots which were official lots of record
prior to the effective date of this ordinance, the minimum side yard
adjacent to a side street shall comply with the maximum required side
yard for the respective districts as specified in 9-601. (See appendix
illustration 4)
(6)
A
one-family attached dwelling shall provide a minimum required side
yard adjacent to a side street of ten (10) feet and no complex of
attached one-family dwellings shall exceed two hundred (200) feet
in length. A minimum required side yard of five (5) feet shall be
provided at the end of each one-family attached dwelling complex so
that the end[s] of any two adjacent building complexes shall be at
least ten (10) feet apart.
(7)
The
minimum side yard requirements in a Planned Development District shall
be established on the site plan which shall be made a part of the
amending ordinance.
(8)
No
side yard is specified for nonresidential use in the O, NS, GR, CA,
C, LI, HI and PLI Districts except where a commercial, retail or industrial
or other nonresidential use abuts upon a district boundary line dividing
such districts from a residential district in which event a minimum
[of ten (10)] foot side yard shall be provided on the side adjacent
to such residential district.
(9)
A
side yard of fifty (50) feet is required where Expressway Service
Station District (ESS) abuts upon districts other than HI or LI.
9-700
REAR YARD:
9-701
No
building or structure shall hereafter be located, erected or altered
to have a rear yard smaller than herein required.
(1)
In
the A, SF-1, SF-2, SF-3, 2F, MF-1, MF-2, P, O, NS, GR, CA, C, LI or
PLI Districts, no main residential building may be constructed nearer
than ten (10) feet to the rear property line. The main residential
building and all accessory buildings shall not cover more than fifty
(50) percent of that portion of the lot lying to the rear of a line
erected joining the midpoint on one side lot line with the midpoint
of the opposite side lot line. For accessory building standards see
Section 13.
(2)
In
the O, NS, GR, CA, C, LI, HI and PLI Districts, no rear yard is specified
except where retail, commercial or industrial uses back upon a common
district line, whether separated by an alley or not, dividing the
district from any of the residential districts listed herein, a minimum
rear yard of ten (10) feet shall be provided.
(3)
Every
part of a required rear yard shall be open and unobstructed to the
sky from a point thirty (30) inches above the general ground level
of the graded lot, except for accessory buildings as permitted in
Section 13 and the ordinary projections of window sills, belt courses,
cornices and roof overhangs and other architectural features projecting
not to exceed four (4) feet into the required rear yard.
(4)
For
rear yard standards for apartment buildings exceeding three (3) stories
in height, see Section 9-602(4).
(5)
A
rear yard of fifty (50) feet is required where ESS abuts upon districts
other than HI or LI.
(Ordinance 1922, sec. 1, adopted 8/11/69; Ordinance 2075, secs. 3–12, adopted 3/13/72; Ordinance 2095, secs. 4–8, adopted 6/12/72; Ordinance 2122, sec. 1, adopted 12/11/72; Ordinance 2562, sec. 1, adopted 3/16/81; Ordinance 83-043, secs. 1–4,
adopted 7/11/83; Ordinance 2019-017, sec. 7, adopted 5/13/19; Ordinance 2022-009, secs. 2–4, adopted 2/28/22)
10-100
PURPOSE OF SECTION
The purpose of this article is to require off-street parking
and loading facilities in proportion to the parking demand for each
use in order to ensure functionally adequate, aesthetically pleasing,
and secure off-street parking and loading facilities. The regulations
and design standards of this section are intended to accomplish the
following:
(a)
To ensure the usefulness of parking and loading facilities;
(b)
To ensure sufficient parking spaces on-site in order to prevent inappropriate
parking on public streets and in residential neighborhoods;
(c)
To ensure that developments are not designed with excessive parking;
and
(d)
To ensure that access to parking and loading facilities does not
impair the function of adjacent roadways or endanger the public safety.
10-101
APPLICABILITY OF SECTION PROVISIONS
(a)
Building permit required.
No new parking lot may be
constructed or existing parking resurfaced without first obtaining
a building permit.
(b)
Submission of plans.
Applications for building permits
and certificates of occupancy shall include parking site plans showing
the design of off-street parking areas, including the layout of spaces,
aisles, fire apparatus access roads, and the location of ingress and
egress points. Submission of a parking plan may be waived only when
it is not necessary to determine compliance with requirements.
(c)
New and conforming development.
New development occurring
after August 18, 2008, and development existing on August 18, 2008,
which complies with the requirements of this section, shall be subject
to the following provisions:
(1)
Every use of a building or land hereafter established shall provide
the minimum off-street parking and loading spaces as required by this
section. The adequate provision of parking spaces will be reviewed
during rezoning, specific use permit (SUP), site plan, and certificate
of occupancy approvals.
(2)
The number of parking and loading spaces may be reduced when the
land use or floor area of a building is changed or reduced to a use
or floor area for which fewer parking or loading spaces are required.
(3)
When a building is expanded or a land use is changed so as to increase
the number of parking or loading spaces required, the number of such
spaces shall be increased.
(d)
Existing nonconforming development.
Developments with
nonconforming parking and loading areas shall be subject to the following
provisions:
(1)
Existing parking and loading spaces shall not be reduced below the
minimum required by this article.
(2)
No building permit or certificate of occupancy shall be issued for
any new building, building addition or expansion, change of use, remodeling,
structural alterations, parking lot expansion or parking lot resurfacing
until all of the parking areas, driveways, access lanes and loading
areas associated with the development are brought into full conformity
with all of the provisions of this section.
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:
(a)
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 twenty
(20) percent must be mitigated. Mitigation can be achieved by the
use of pervious paving, increased landscaping, increased stormwater
treatment, or other method to reduce the impact of the increased parking.
(b)
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.
(c)
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.
(d)
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.
(e)
Location.
All required parking shall be located and
arranged on the site to insure optimal access and use.
(f)
Fractions.
When measurements determining the number
of required parking and loading spaces result in fractions, any fraction
less than one-half (1/2) shall be disregarded and any fraction of
one-half (1/2) or more shall be rounded upward to the next highest
full number.
(g)
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.
(h)
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.
10-103
OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS
(a)
In all districts except the CA district as provided herein, there
shall be provided, at the time any building or structure is erected
or structurally altered, off-street parking and loading spaces in
accordance with the following requirements:
|
Use Type
|
Parking
|
|---|---|
|
Assisted living facility
|
One parking space per one and one-half dwelling units.
|
|
Bank, savings and loan, or similar institution
|
One parking space for every 300 square feet; plus five stacking
spaces per drive-through teller or ATM station.
|
|
Bed-and-breakfast facility
|
One parking space for every guest room; plus spaces required
for residential use.
|
|
Car wash (full service)
|
One parking space for every 200 square feet of floor area; plus
three stacking spaces for each wash, vacuum, or gas pump lane.
|
|
Car wash (self-serve)
|
One parking space for each bay or stall (in addition to washing
areas or stalls); plus three stacking spaces for each wash bay if
automated drive-through; or two stacking spaces for each wash bay
if wand-type.
|
|
Church or other place of worship
|
One parking space for each three seats in the main auditorium.
|
|
College or university
|
Ten per classroom.
|
|
Amusement (indoor):
|
One parking space for each 100 square feet of gross floor area
for uses not listed below.
|
|
a) Amusement center
|
One parking space for every 50 square feet.
|
|
b) Bingo parlors
|
One parking space for every three seats or one for every 100
square feet, whichever is greater.
|
|
c) Bowling alley
|
Six parking spaces for each bowling lane.
|
|
d) Racquetball or handball courts
|
Three parking spaces for each court.
|
|
e) Indoor tennis courts
|
Six parking spaces for each court.
|
|
f) Gymnasium, skating rinks, martial art schools
|
One parking space for every 200 square feet or one for every
three seats, whichever is greater.
|
|
g) Indoor jogging or running tracks
|
One parking space for every 100 linear feet.
|
|
h) Swimming pool
|
One parking space for every 100 square feet of water surface
plus deck area.
|
|
i) Theaters and auditoriums, including motion picture theaters
|
One parking space for every four seats.
|
|
j) Weight lifting or exercise areas
|
One parking space for every 100 square feet.
|
|
k) Areas for subsidiary uses not listed, such as restaurants,
offices, etc.
|
Calculate required parking for each subsidiary use in addition
to the minimum standards for other uses.
|
|
Amusement (outdoor):
|
|
|
a) Areas with fixed seating or bleachers
|
One parking space for every four seats for fixed seating or
for every six linear feet of benches for bleacher seating.
|
|
b) Golf course
|
Five parking spaces per hole, plus requirements for retail parking,
office parking, country club parking, and other uses as applicable.
|
|
c) Golf driving range
|
One and one-half parking spaces per driving tee.
|
|
d) Soccer, football, baseball, or other play fields with no
fixed seating
|
50 parking spaces per field.
|
|
e) Tennis courts, basketball courts, or similar recreation courts
with no fixed seating
|
Six parking spaces per court.
|
|
f) Neighborhood pool
|
One parking space per 200 square feet of pool surface area (not
including wading pools or whirlpool baths) and one space per 200 square
feet of building area in accessory structures excess of 1,000 square
feet.
|
|
Community center, library, museum, or art gallery
|
Ten parking spaces plus one additional space for each 300 square
feet of floor area in excess of 2,000 square feet. If an auditorium
is included as a part of the building, its floor area shall be deducted
from the total and additional parking provided on the basis of one
space for each four seats that it contains.
|
|
Contractor’s yard
|
One parking space for every 5,000 square feet of lot area, with
a minimum of five spaces.
|
|
Convenience store (with or without gas pumps)
|
One parking space for every 200 square feet of floor area, with
a minimum of five parking spaces. Spaces provided for fueling at the
pump stations shall not be considered parking spaces.
|
|
Day nursery or day care center
|
One parking space for every eight pupils, based on design capacity.
|
|
Dwellings, duplex
|
Two spaces for every unit.
|
|
Dwellings, multiple-family
|
For dwelling units not located in the commercial historical
district, one parking space for each dwelling unit, plus one-half
space for each bedroom in all dwelling units. If a fully enclosed
space is provided, an additional one-half parking space per unit shall
be provided, or, a 20-foot long driveway in front of the garage door
shall be provided. For dwelling units located in the commercial historic
district, there shall be provided one parking space for each dwelling
unit.
|
|
Dwellings, single-family attached
|
Two parking spaces for each unit.
|
|
Dwellings, single-family detached
|
Two parking spaces for each unit.
|
|
Flea market
|
One parking space for every 200 square feet.
|
|
Fraternity, sorority, or dormitory
|
One parking space for each two beds.
|
|
Fueling station or gasoline station (no ancillary services)
|
One parking space for every four pumping stations. Spaces provided
for fueling at the pump stations shall not be considered parking spaces.
|
|
Furniture or appliance store, hardware store, wholesale establishments
|
One parking space for every 400 square feet.
|
|
Greenhouse, wholesale
|
One parking space for every 500 square feet of retail sales
area.
|
|
Health club, health spa or exercise club
|
One parking space for every 150 square feet.
|
|
Hospital
|
Two spaces per three beds.
|
|
Hotel/motel or residence hotel
|
One parking space for each sleeping room without a kitchen;
one and one-half parking spaces for each sleeping room with a kitchen;
plus one parking space for every 200 square feet of restaurant, retail,
conference, or office area.
|
|
Industrial and manufacturing uses
|
One parking space for every 1,000 square feet.
|
|
Lodge, fraternal organization, country club or golf club
|
One parking space for each 200 square feet of floor area.
|
|
Lumber yard
|
One parking space for every 400 square feet of floor area, plus
one parking space for every 1,000 square feet of warehouse.
|
|
Machinery or heavy equipment sales
|
One parking space for every 400 square feet of gross floor area.
|
|
Mini-warehouse (self-storage)
|
Four parking spaces. A 12-foot wide loading zone shall be constructed
in front of all access areas for each unit and shall not conflict
with required fire apparatus access roads. A single loading zone may
accommodate units on both sides of fire apparatus access road.
|
|
Mobile home or mobile home park
|
Two spaces for each mobile home plus additional spaces as required
herein for accessory uses.
|
|
Mortuary or funeral home
|
One parking space for each 200 square feet of floor space in
slumber rooms, parlors, or individual funeral service rooms.
|
|
Motor vehicle/automobile sales and new or used car lots
|
One parking space for each 500 square feet of sales floor for
indoor uses, plus one parking space for each 1,000 square feet of
outdoor display area, in addition to spaces calculated for office
and repair areas at their respective rates.
|
|
Motor vehicle/automobile repair and service (with or without
gasoline sales)
|
Two parking spaces for each service bay with a minimum of five
spaces, plus parking requirements for office and overnight storage
of vehicle. For quick lube or similar services, three stacking spaces
for each service bay shall also be provided. Spaces provided for fueling
at the pump stations shall not be considered parking spaces.
|
|
Nursing home, skilled nursing facility, convalescent home
|
One parking space for every four beds.
|
|
Office, business or professional
|
One parking space for each 300 square feet.
|
|
Office, medical, dental, or similar health services
|
One parking space for each 200 square feet of floor area.
|
|
Race track, horses or dogs
|
One parking space for each four seats.
|
|
Research and Testing Lab
|
One parking space for each 400 square feet.
|
|
Restaurant, private club, nightclub, cafe, or similar recreational
or amusement establishment
|
One parking space for each 100 square feet of floor area, plus
five stacking spaces behind the order window of the drive-through.
|
|
Retail store or personal service establishment, except as otherwise
specified herein
|
One parking space for every 200 square feet of floor area.
|
|
Retirement home (independent living):
|
One parking space for each dwelling unit.
|
|
Rooming or boarding house
|
One parking space for each sleeping room.
|
|
School, elementary
|
Two and one-half parking spaces for each classroom.
|
|
School, high
|
Eight parking spaces for each classroom, plus one parking space
for each four seats in the main auditorium. Additional parking need
not be provided for other ancillary uses, such as swimming pools or
practice fields, solely used by students and staff. The number of
parking spaces required for stadiums or facilities used jointly by
the public outside of regular school hours may be reduced by the number
of spaces provided on-site for use during regular school hours.
|
|
School, junior high or middle
|
Two and one-half parking spaces for each classroom, plus one
parking space for each four seats in the auditorium. Additional parking
need not be provided for other ancillary uses, such as swimming pools
or practice fields, solely used by students and staff. The number
of parking spaces required for stadiums or facilities used jointly
by the public outside of regular school hours may be reduced by the
number of spaces provided on-site for use during regular school hours.
|
|
Studio, television or radio
|
One space per 300 square feet of floor space.
|
|
Transportation-related uses
|
To be determined by the city engineer.
|
|
Truck stops
|
One parking space for each 10,000 square feet of site area,
plus one vehicle space for each 200 square feet of building area.
|
|
Utility and public service uses
|
To be determined by the city engineer.
|
|
Veterinarian clinic
|
One parking space for each 300 square feet of floor space.
|
|
Warehouse type uses
|
One parking space for each 4,000 square feet.
|
(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-case 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.
10-104
SPECIAL OFF-STREET PARKING REGULATIONS
(a)
Wherever a lot or tract is used for off-street parking of motor vehicles
in connection with an office, retail, commercial, or industrial use
and is adjacent to a residentially zoned district or a property used
for residential purposes, no parking may be provided beyond the front
setback line of the adjacent property. For parking that is located
behind the front setback line, a masonry wall, solid ornamental fence,
or natural opaque screen of not less than six (6) feet in height shall
be erected and maintained so as to screen the parking use from adjacent
residential districts and residential uses.
(b)
Lighting.
All parking areas in a nonresidential district
which are used after dark shall be illuminated beginning one-half
hour after sunset, continuing throughout the hours of use. If only
a portion of the parking area is offered for use after dark and is
clearly marked, then only that part is required to be illuminated
in accordance with these standards. Lighting shall meet the following
minimum standards.
(1)
Intensity:
An average of at least one (1) footcandle,
initial measurement, and at least one-half footcandle on a maintained
basis on the parking lot surface. A minimum at any point of at least
0.3 footcandle initial, and at least 0.2 footcandle maintained one-third
(1/3) of the average, whichever is greater.
(2)
Fixtures:
Light sources shall be indirect, diffused,
or shielded type fixtures installed to deflect the light from adjoining
properties in residential districts and from boundary streets. Bare
bulbs above fifteen (15) watts are prohibited. Fixtures shall be mounted
to buildings or on poles. Strings of lights are prohibited.
10-105
OFF-SITE PARKING
Required off-street parking spaces shall be on the same lot
as the principal use, provided that all or a portion of the required
parking spaces may be located on a separate lot from the lot on which
the principal use is located, based on the following provisions:
(a)
Contiguous.
The off-site parking shall be located on
a lot that is immediately adjacent to and contiguous with the lot
containing the principal use.
(b)
Ownership.
If a proposed off-site parking area is not
under the same ownership as the principal use to which it is accessory,
all necessary legal instruments shall be executed to ensure that the
required number of spaces shall remain available throughout the life
of the principal use.
(c)
Zoning.
An off-site parking area shall be located on
a lot zoned to permit such principal use.
10-106
PARKING SPACES FOR PERSONS WITH DISABILITIES
(a)
Generally.
For parking areas with ten (10) or more required
spaces, a portion of the total number of required parking spaces in
each off-street parking area shall be specifically designated, located,
and reserved for use by persons with disabilities.
(b)
Number of spaces.
The minimum number of spaces to be
provided shall be a portion of the total number of parking spaces
required, as determined from the following schedule. Parking spaces
reserved for persons with disabilities shall be counted toward fulfilling
the overall off-street parking standards. One (1) in every eight (8)
handicapped accessible spaces, but not less than one (1), shall be
designated “van accessible.”
|
Total Required Spaces
|
Minimum Spaces for Disabled
|
|---|---|
|
10-25
|
1
|
|
26-50
|
2
|
|
51-75
|
3
|
|
76-100
|
4
|
|
101-150
|
5
|
|
151-200
|
6
|
|
201-300
|
7
|
|
301-400
|
8
|
|
401-500
|
9
|
|
501-1,000
|
2 percent of total spaces
|
|
Over 1,000
|
20 plus 1 per each 100 spaces over 1,000
|
(c)
Minimum dimensions.
Handicapped accessible parking spaces
must be at least seventeen and one-half (17-1/2) feet deep and eight
(8) feet wide with an access aisle, which may be shared by two (2)
handicapped accessible spaces. The minimum width of the access aisle
shall be five (5) feet, except when adjacent to a van accessible space,
in which case the minimum width shall be eight (8) feet. The parking
access aisle shall be part of an accessible route to the building
or facility entrance. Parking spaces and access aisles shall be level
with surface slopes not exceeding 1:50 (two percent) in all directions.
Vertical clearance must be at least eight (8) feet, two (2) inches.
(d)
Location of spaces.
Required spaces for persons with
disabilities shall be located in close proximity to building entrances
and shall be designed to permit occupants of vehicles to reach the
building entrance on an unobstructed path with a minimum width of
three (3) feet. The director of community development may require
that off-street parking spaces provided for persons with disabilities
be dispersed throughout the project if deemed necessary to ensure
safe, convenient, and accessible parking spaces for all users of the
project.
(e)
Signs and markings.
Required spaces for persons with
disabilities shall be designated with signs and pavement markings
identifying them as reserved for persons with disabilities. The required
sign shall clearly indicate the maximum fine assessed against violators.
Signs shall be posted directly in front of the parking space at a
height of no less than thirty-six (36) inches and no more than sixty
(60) inches above pavement level. Signs required by this section shall
not exceed four (4) square feet in area.
10-107
PARKING SPACE AND AISLE DIMENSIONS
The minimum required dimensions of parking spaces and aisles
shall be as indicated in the following table. If proposed parking
angles are not shown in the table, dimensions shall be interpolated
from the table by the city engineer. All dimensions are in feet. Minor
deviations from these standards may be approved by the city engineer
for the design of parking structures. The dimensions in the table
are graphically illustrated in appendix illustration 12:
|
Parking Angle
|
Stall Width
|
Stall Depth
|
Aisle Width
|
Curb Length
|
Wall Module Width
|
Interlock Module Width
|
Stall Depth to Interlock
|
|---|---|---|---|---|---|---|---|
|
A
|
B
|
C
|
D
|
E
|
F
|
G
|
H
|
|
90-degree parking angle, two-way aisle
| |||||||
|
90
|
9.00
|
17.5
|
26.0
|
9.00
|
61.0
|
61.0
|
17.5
|
|
60-degree parking angle, two-way aisle
| |||||||
|
60
|
9.00
|
18.0
|
26.0
|
10.4
|
62.0
|
59.0
|
16.5
|
|
75-degree parking angle, one-way aisle
| |||||||
|
75
|
9.00
|
18.5
|
22.0
|
9.3
|
59.0
|
57.0
|
17.5
|
|
60-degree parking angle, one-way aisle
| |||||||
|
60
|
9.00
|
18.0
|
18.0
|
10.4
|
54.0
|
51.0
|
16.5
|
|
45-degree parking angle, one-way aisle
| |||||||
|
45
|
9.00
|
16.5
|
15.0
|
12.7
|
48.0
|
44.0
|
14.5
|
10-108
PARKING AREA DESIGN
(a)
All off-street parking areas, other than those designed solely for
a single dwelling unit and not sharing a common parking area, shall
comply with the following design requirements:
(1)
Each off-street parking space shall open directly onto an aisle or
driveway that is not a public street or a public alley, provided that
this subsection shall not apply to parking spaces provided by the
City for city parks or parking spaces located in the central area
district.
(2)
Aisles and driveways shall not be used for parking vehicles.
(3)
Parking spaces shall be designed to permit entry and exit without
moving any other vehicle.
(4)
No parking space shall be located so as to block access by emergency
vehicles.
(5)
No off-street parking spaces shall be located within the right-of-way
of a public street, public alley or required joint access easement.
(6)
For parking areas including ten (10) or more spaces, a minimum stacking
distance of twenty (20) feet shall be provided along all access drives
between the street right-of-way line and the nearest parking space.
(7)
Parking areas containing five (5) or more spaces shall delineate
each space by single or double stripes on each side of the space.
Except for parallel parking spaces, stall width shall be measured
from the centerline of one (1) stripe to the centerline of the other
stripe.
(8)
Curbs shall be provided to prevent any vehicle using a parking area
from encroaching on any public right-of-way, required landscaping
area, or adjacent property, unless otherwise approved by the city
engineer.
(9)
Parallel parking spaces shall have a minimum length of twenty-three
(23) feet and a minimum width of eight (8) feet. A minimum width of
ten (10) feet shall be required if any structure or obstacle that
would impede the opening of a car door is within two (2) feet of the
curbside of a parallel parking space.
(b)
At no time after initial approval of the parking area layout can
changes be made to the location or number of provided spaces unless
approved by the community development director.
10-109
RESIDENTIAL PARKING AREA DESIGN
Required parking spaces for residential dwelling units, other
than multifamily, shall be a minimum of nine (9) feet wide and twenty
(20) feet long. Such parking spaces may be located on a driveway or
in an enclosed garage and may be placed end to end, but no portion
of any parking space shall be located within the right-of-way of a
public street or a public alley.
10-110
PAVING STANDARDS
(a)
Surfacing.
All parking and loading spaces, access drives,
and driveways constructed shall be surfaced with asphalt or concrete
pavement, approved concrete paving stones, or other accepted paving
surfaces, as approved by the city engineer. All pavement must be of
sufficient strength to support the vehicular loads imposed on it and
shall be so graded and drained to dispose all surface water in accordance
with the requirements of the City of Paris and shall be marked to
provide for orderly and safe loading, unloading, parking, and storage
of vehicles.
(b)
Markings.
All fire apparatus access roads, parking spaces,
loading zones, no-parking zones, or other similar areas shall be striped
with a high visibility, durable paint designed and intended for pavement
striping. Colors shall be in conformance Texas Department of Transportation
standards and the Fire Code as adopted.
(c)
Maintenance.
All surfaces shall be maintained in good
condition, generally free of weeds, potholes, or broken pavement and
allowing uninhibited access to all parking and loading spaces or drives.
All required pavement markings shall be maintained in such a manner
that they are clearly visible to the public at all times.
(d)
Surfacing exceptions.
(1)
A ribbon driveway may be used to provide access from the street to
the off-street parking area/garage. The ribbon drive shall be composed
of two 30-inch wide concrete strips separated by a 36-inch wide grass
area.
(2)
Nonconforming parking areas, access drives, and driveways in existence
prior to the effective date of this ordinance, February 23, 2009,
may be maintained using their current paving materials so long as
the nonconforming parking and driveway area and/or the total square
footage area of existing structures is not expanded or enlarged by
more than forty-nine percent (49%) of the original parking and driveway
area and/or the total square footage area of existing structure as
of February 23, 2009.
10-111
USE OF PARKING AREAS
(a)
Required off-street parking spaces and associated aisles and maneuvering
areas shall be used for vehicle parking only. No sales, storage, or
display of merchandise (including automobiles), inventory, materials,
sanitation containers, or supplies or repair work or dismantling shall
be permitted in such areas. Under no circumstances shall a required
parking space be used for any purpose other than parking.
(b)
No car, truck, or other vehicle shall be parked on an unsurfaced
area of the front yard if the lot has a concrete, asphalt, or gravel
driveway. If the driveway is unsurfaced and was in existence prior
to September 1, 1989, no car, truck, or other vehicle may be parked
in any portion of any yard other than that area which is logically
intended to be used as a driveway, including areas located in front
of a garage or carport or that are located to one (1) side of the
lot.
(c)
It shall be unlawful for any person to leave, park, or stand any
car, truck. or other vehicle, motorized or otherwise, or to allow
any person to leave, park, or stand any such vehicle on property owned
by him or her, on a vacant lot in any area zoned as either a one-family
dwelling district (SF-1, SF-2 or SF-3), two-family dwelling district
(2F), four-family dwelling district (4F) or multiple-family dwelling
district (MF-1 or MF-2) under the zoning ordinance of the City. It
shall be unlawful for any person to leave, park, or stand, any car,
truck, or other vehicle, motorized or otherwise, or to allow any person
to leave, park, or stand any such property owned by him or her, on
an unimproved and unsurfaced vacant lot in any zoning district in
the City. Each vehicle parked in violation of this section shall constitute
a separate offense, and each day a vehicle is parked in violation
of this ordinance shall constitute a separate offense. It shall be
a defense to this section if the vehicle is parked behind a lawful
screened fence.
(d)
It shall be unlawful for any person to leave, park or stand any truck
tractor, road tractor, trailer, semi-trailer, bus, or any commercial
motor vehicle with a rated capacity of one and one-half (1-1/2) tons
or more according to the manufacturer's classification, or the equivalent
thereof, upon any part of the front, side, or rear yard, whether paved
or unpaved, within or adjacent to any area zoned as either a one-family
dwelling district (SF-1, SF-2 or SF-3), two-family dwelling district
(2F), four-family dwelling district (4F) or multiple-family dwelling
district (MF-1 or MF-2) under the zoning ordinance of the City. This
section shall not prevent the parking or standing of the above-described
vehicles in such zoned areas for the purpose of expeditiously loading
and unloading of passengers, freight, or merchandise.
10-112
STACKING REQUIREMENTS FOR DRIVE-THROUGH FACILITIES
In addition to meeting the off-street parking requirements of
this section, drive-through facilities shall meet the following stacking
standards:
(a)
Minimum dimensions.
Each stacking space shall be a minimum
of ten (10) feet by twenty (20) feet in size. Unless otherwise indicated,
stacking shall be measured from the point of ultimate service to the
end of the stacking lane.
(b)
Design.
Each stacking lane shall be clearly defined
and designed so as not to conflict or interfere with other traffic
using the site. A bypass lane a minimum of twelve (12) feet wide shall
be provided if a one-way traffic flow is used in the parking lot or
if there is no other clear means of ingress and egress other than
the stacking lane. The bypass lane shall be clearly designated and
distinct from the stacking area.
(c)
Number of stacking spaces.
The minimum number of stacking
spaces, including the vehicle being serviced, shall be provided for
each drive-through facility as follows:
|
Land Use Type
|
Minimum Stacking Spaces
|
|---|---|
|
Bank teller lane
|
5
|
|
Automated teller machine
|
3
|
|
Restaurant, drive-through
|
5
|
|
Car wash stall, automatic or full service
|
3
|
|
Car wash stall, self-service
|
3
|
|
Oil change station
|
3
|
|
Dry cleaning or laundry
|
3
|
|
Photo lab
|
4
|
|
General retail/pharmacy
|
3
|
|
Gasoline pump island
|
30 feet from each end of pump island
|
|
Kindergarten, day schools, or similar child training and care
establishment
|
One space for every 10 students or child cared for by the establishment
|
(d)
Tandem drive-through facilities.
The measurement for
stacking shall be measured from the last point of ultimate service
to the end of the stacking lane.
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:
(a)
Paving standards.
The surface of all open off-street
loading spaces shall conform at a minimum to the requirements for
off-street parking areas.
(b)
Design of loading areas.
All off-street loading spaces
shall comply with the following design requirements:
(1)
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.
(2)
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.
(3)
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.
(4)
No loading space shall be located so as to block access by emergency
vehicles.
(c)
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.
Editor’s note–Ordinance 2008-027, sec.
2, adopted 8/11/08, amended section 10 in its entirety to read as
herein set out. Former section 10 pertained to similar subject matter
and derived from Ordinance 2055 adopted 10/18/71, Ordinance 2074 adopted
3/13/72, Ordinance 2075 adopted 3/13/72, Ordinance 2095 adopted 6/12/72,
Ordinance 89-030 adopted 9/14/89, and Ordinance 91-029 adopted 6/20/91.
(Ordinance 2008-027, sec. 2, adopted 8/11/08; Ordinance 2009-006, sec. 2, adopted 2/23/09; Ordinance 2016-006, secs. 9–11, adopted 3/14/16; Ordinance 2024-023 adopted 7/22/2024)
11-100
No building or structure shall be located, erected
or altered so as to exceed the height limit hereinafter specified
for the district in which the building is located.
11-101
IN THE FOLLOWING ZONING DISTRICTS THE MAXIMUM HEIGHT OF BUILDINGS
AND STRUCTURES SHALL BE:
|
A, Agricultural District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 Special Height Regulations, following
|
|
SF-1, One-Family Dwelling District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 following
|
|
SF-2, One-Family Dwelling District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 following
|
|
SF-3, One-Family Dwelling District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 following
|
|
2F, Two-Family Dwelling District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 following
|
|
MF-1 Multiple-Family Dwelling District
|
Three (3) stories except as noted in section 11-102 following
|
|
MF-2 Multiple-Family Dwelling District
|
Three (3) stories or to twenty (20) stories when additional
density and setback requirements are observed
|
|
P, Parking District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 following
|
|
O, Office District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 following
|
|
NS, Neighborhood Service District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 following
|
|
GR, General Retail District
|
Two and one-half (2-1/2) stories except as noted in section 11-102 following
|
|
CA, Central Area District
|
To any legal height provided floor area ratio (FAR) does not
exceed ten (10) to one (1)
|
|
C, Commercial
|
Ten (10) stories provided floor area ratio (FAR) does not exceed
two (2) to one (1)
|
|
LI, Light Industrial District
|
To any legal height provided floor area ratio (FAR) does not
exceed two (2) to one (1)
|
|
HI, Heavy Industrial District
|
To any legal height provided floor area ratio (FAR) does not
exceed one (1) to two (2)
|
|
PD, Planned Development District
|
To any legal height provided floor area ratio (FAR) does not
exceed one (1) to two (2), and a building exceeding two (2) stories
is set back from all property lines twenty-five (25) feet plus one
(1) foot for each two (2) feet that a building exceeds three (3) stories
in height
|
|
PLI, Public Lands and Institutions District
|
None
|
|
ESS, Expressway Service Station District
|
None
|
11-102
SPECIAL HEIGHT REGULATIONS
In the districts where the height of buildings is restricted
to two and one-half (2-1/2) 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 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 conditioning units and all related equipment.
(Ordinance 2075, sec. 14, adopted 3/13/72; Ordinance 2095, sec. 10, adopted 6/12/72; Ordinance 2016-006, sec. 12, adopted 3/14/16)
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 in any A, SF-1, SF-2, SF-3, 2F, MF-1, MF-2,
P, O, NS, GR or [sic] district.
(2)
Antique shop in the O and NS Districts (and restaurant) cafeteria
in the O district.
(3)
Cemetery, columbarium, or mausoleum in any residential district and
the GR district.
(4)
Cement, lime, gypsum or plaster of paris manufacture in the HI district.
(5)
Concrete batching plant or asphalt batching plant in the LI district.
(Temporary plants subject to approval by ordinance of the City Council)
(6)
Cotton gin in the HI district.
(7)
Community unit development in the A, SF-1, SF-2, SF-3 and 2F districts
where the overall density does not vary from the standards established
for the district in which the development is located.
(8)
Commercial amusement (indoors) in the GR district.
(9)
Columbarium in the CA district.
(10)
College, university, convent or monastery in any one-family or two-family
district.
(11)
Country club in any one-family or two-family district.
(12)
Convent or monastery in any one-family or two-family district.
(13)
Day camp in any one-family or two-family district or the GR district.
(14)
Electric generating plant and other similar utility installation
in SF-1, SF-2, SF-3, 2F, MF-1 and MF-2 districts.
(15)
Fraternity or sorority in the A, SF-1, SF-2, SF-3, 2F and MF-1 districts.
(16)
Radio and television broadcasting towers and transmitting station
in all residential districts and in the P, O and NS districts.
(17)
Go-cart track, drag strip or commercial vehicle racing in the LI
and HI districts.
(18)
Heliport in any A, SF-1, SF-2, SF-3, 2F, MF-1, MF-2, P, O, NS, GR,
CA or PD district.
(19)
Hospital, convalescent home, residence home for aged in any one-family
or two-family district.
(20)
Hotel or motel in the MF-2 district.
(21)
(Reserved)
(22)
Home for alcoholic, psychological or narcotic patients in the A,
MF-1, MF-2, GR and O districts.
(23)
Institutions of a religious, educational or philanthropic nature
not specifically mentioned herein in any one-family or two-family
district.
(24)
Nursery school, day nursery or kindergarten school in the A, SF-1,
SF-2, SF-3 and the 2F districts and the GR district.
(25)
Recreational facilities in any residential district.
(26)
Rock quarry, sand, gravel and caliche excavations in the LI or HI
districts.
(27)
Mortuary in the O, NS and GR districts.
(28)
Fairgrounds or exhibition area in the NS or GR districts.
(29)
Livestock auction or commission house in the A, C or LI district.
(30)
Petroleum refining and petrochemical manufacture in the HI district.
(31)
Public or private utility not listed in all districts.
(32)
Wastewater treatment plant in any district except LI and HI districts.
(33)
(Reserved)
(34)
Water treatment plant in any residential district and in the O, P,
or NS districts.
(35)
Wrecking or salvage yard in the HI district.
(36)
Any use which is determined to come under the provisions of Section
8-201(94)(h).
(37)
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.
(38)
Off-premises consumption sale of all alcoholic beverages, package
store in GR, C, CA and PD(a) districts.
(39)
Warehouse storage of beer, wine, or liquor for distributors with
no retail sales permitted on the premises in the LI and PD(c) districts.
(40)
Dance hall, public, in the C, CA and LI districts.
(41)
Heavy machinery sales and storage in the ESS district.
(42)
Gasoline service stations in the C district.
(43)
Auto fuel sales in the NS, GR and [sic] districts.
(44)
Recreational facility (private) in the SF-1, SF-2, SF-3, 2F, MF-1,
MF-2, P, and NS districts.
(45)
Bed-and-breakfast historical residence in the 2F and MF-1 districts.
(46)
Billboard and advertising signs in the GR, C, CA, LI and HI districts.
(47)
Loading, unloading or transloading of crude oil in Heavy Industrial
(HI) zoning districts.
(48)
New or Used Car Lot (Open) in the CA district.
(49)
Head shops must have a specific use permit (S) to locate in light
industrial or heavy industrial (HI) zoning districts in the City of
Paris, Texas.
(50)
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.
(51)
Veterinary Clinic–Large Animals in the GR and C zoning districts.
(52)
Veterinary Clinic–Small Animals in the O and GR zoning districts.
(53)
Distillery producing less than 6,000 gallons per year in the GR and
C zoning districts.
(54)
Trailer Rental or Sales in the C zoning district.
(55)
Food Truck in the GR and C zoning districts.
(56)
Tattoo Shop and Body Piercing Shop in the GR, CA, and PD districts.
(57)
Household appliance service and repair in the GR district.
(58)
Food Truck Parks in the GR, C, LI, and HI zoning districts.
(59)
Small Homes in SF-3 zoning district.
(60)
Small Home Parks in the SF-3, LI, and HI zoning districts.
(61)
Vehicle storage facility must have a specific use permit to locate
in a Commercial (C) zoning district.
(62)
One-Family Dwellings in the GR or C Districts.
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.
12-102
When a Specific Use Permit is applied for in conjunction with the sale of wine, beer or ale as an accessory use to a grocery store as specified in Section 8-201, Item 37 [sic] of this ordinance, the following requirements shall be imposed:
(1)
An accessory use to a grocery store which has operated twelve (12)
months prior to the date of this ordinance, or having operated twelve
(12) months prior to date of application and presenting a record certified
to by a Public Accountant showing an average monthly inventory greater
than eight thousand dollars ($8,000.00) retail value of foods in sales
area. When a new establishment is the applicant, two thousand four
hundred (2,400) or more square feet of building area shall be provided.
(2)
There shall be no Specific Use Permit issued to sell wine, beer or
ale within three hundred (300) feet of any church, public school,
public hospital, or public park.
12-103
When a Specific Use Permit is applied for in conjunction with the
sale of alcoholic beverages for off-premises consumption (Package
Store) as specified in Section 8-201(58) of this ordinance, the following
requirements shall be imposed:
(1)
Two (2) hour fire resistant construction on all exterior walls shall
be required. A minimum one thousand (1,000) square feet of building
shall be required.
(2)
A clear glass front, twelve (12) inches from ceiling to a maximum
of twelve (12) inches above the floor shall be required so as to ensure
adequate visibility of all portions of the interior of the store used
for retail sales. No advertising, posting of signs, displays, curtains,
drapes, or other obstruction shall prevent a clear view of the interior
of such establishment.
(3)
Display aisles shall be perpendicular to the front with a minimum
five (5) foot aisle to provide visibility to the rear wall of sales
area and all access doors.
(4)
No lighted signs advertising alcoholic beverages larger than four
(4) square feet shall be attached to the building. Animated signs
or blinking lights or detached signs will not be allowed.
(5)
There shall be sufficient exterior lighting to illuminate the front,
rear, and sides of the building to at least ten (10) footcandles,
five (5) feet above the ground along the exterior walls, according
to measurements by the City Building Official.
(6)
Drive-in windows shall not be allowed.
(7)
There shall be no permit issued to construct a building to sell alcoholic
beverages where an establishment allowing dancing lies within three
hundred (300) feet.
(8)
There shall be a burglar alarm connected to the police station.
(9)
There shall be no specific use permit issued to sell alcoholic beverages
within three hundred (300) feet of any church, public school, hospital
or public park.
(Ordinance 2074, secs. 4, 5, adopted 3/13/72; Ordinance 2095, sec. 11, adopted 6/12/72; Ordinance 2110, sec. 3, adopted 9/11/72; Repealed by Ordinance 2110, sec.
3, adopted 9/11/72; Ordinance
2566, sec. 3, adopted 4/13/81; Ordinance 85-067, sec. 1c, adopted 12/9/85; Ordinance 95-021, sec. 2, adopted 6/12/95; Ordinance 2010-007, sec. 3, adopted 2/8/10; Ordinance 2012-017, sec. 4, adopted 6/11/12; Ordinance 2012-029, sec. 4, adopted 10/8/12; Ordinance 2016-006, secs. 13, 14, adopted 3/14/16; Ordinance 2016-011, sec. 8, adopted 4/11/16; Ordinance 2017-001, sec. 5, adopted 1/9/17; Ordinance 2017-049, sec. 3, adopted 12/11/17; Ordinance 2018-012, sec. 5, adopted 4/23/18; Ordinance
2019-013, sec. 9, adopted 3/25/19; Ordinance 2019-017, sec.
8, adopted 5/13/19; Ordinance 2020-057, sec. 3, adopted 10/26/20; Ordinance 2020-061, sec. 3, adopted 11/9/20; Ordinance 2021-014 adopted 5/24/21)
13-100
DEFINITION AND USE REGULATION
a.
In
a residence or an apartment district, an accessory building is a subordinate
building, attached to or detached from the main building, without
separate bath or kitchen facilities, not used for commercial purposes
and not rented or leased.
b.
In
other districts, an accessory building is a subordinate building,
the use of which is incidental to and used only in conjunction with
the main building.
c.
The
term “portable storage structure” means shipping containers
designed for intermodal transportation, either with or without a permanent
affixed chassis, and used for the shipment or storage of goods and
merchandise. This includes all varieties of cargo or shipping containers
commonly called portable storage units or PODS.
13-101
AREA REGULATIONS FOR ACCESSORY BUILDINGS IN RESIDENTIAL AND APARTMENT
DISTRICTS
a.
Front
Yard.
Attached accessory buildings shall have a front
yard not less than the main building. Detached accessory buildings
shall be located in the area defined as the rear yard.
b.
Side
Yard.
There shall be a side yard not less than three
(3) feet from any side lot line, alley line or easement line, except
that adjacent to a side street the side yard shall never be less than
fifteen (15) feet.
c.
Rear
Yard.
There shall be a rear yard not less than three
(3) feet from any lot line, alley line or easement line, except that
if no alley exists, the rear yard shall not be less than ten (10)
feet as measured from the rear lot line. In residential districts
the main building and all accessory buildings shall not cover more
than fifty (50) percent of that portion of the lot lying to the rear
of a line erected joining the midpoint of one side lot line with the
midpoint of the opposite side lot line. Carports, garages, or other
detached accessory buildings located within the rear portion of the
lot as heretofore described shall not be located closer than fifteen
(15) feet to the main building nor nearer than three (3) feet to any
side lot line. (See appendix illustration 3)
d.
Portable
storage structure.
Portable storage units, intermodal
units, and shipping containers are prohibited for permanent accessory
use in all residential zoning districts.
13-102
REGULATIONS FOR ACCESSORY RESIDENTIAL DWELLING UNITS
a.
Purpose.
The purpose of this subsection is to allow accessory residential
dwelling units (accessory buildings) to be developed within an individual
site on properties located within City of Paris single-family zoning
district, Agricultural, and Planned Development Districts, to be inhabited
only by those persons related by blood or marriage to the current
residents who reside in the primary single-family residential dwelling
unit on the subject site.
b.
Definition
of an Accessory Residential Dwelling Unit.
An accessory
dwelling is defined as either a freestanding single-family home or
a garage apartment/loft located on an individual residential lot in
a City of Paris zoning district and which is separate from the primary
residence on said lot.
c.
Accessory
Residential Dwelling Unit (accessory dwelling) Regulations.
1.
Location:
Accessory dwellings shall only be located
within the following zoning districts: Agricultural District (A),
One-Family Dwelling Districts (SF-1, SF-2, and SF-3), and the Planned
Development District (PD) within the City of Paris, Texas Zoning Ordinance.
2.
An
accessory dwelling may not be located on a lot of less than fifteen
thousand (15,000) square feet in area.
3.
An
accessory dwelling shall be located a minimum of fifteen (15) feet
from the primary dwelling.
4.
Approval:
Accessory dwellings shall be a permitted use
in the above districts, subject to the verification and approval of
city staff that a proposed accessory dwelling meets the requirements
of the regulations set forth herein.
5.
Front,
rear, and side yard setbacks, as well as maximum lot coverage, shall
be maintained as required for any zoning district wherein said accessory
dwelling is permitted.
6.
A
site plan drawn to scale shall be submitted to city staff as part
of said permitting process and shall include:
a.
Exterior dimensions of said accessory dwelling.
b.
Interior dimensions of all living areas within said accessory dwelling.
c.
Other relevant physical requirements of this ordinance that can be
graphically portrayed.
d.
Pedestrian access of said accessory dwelling to the primary residential
structure shall be illustrated on the required site plan.
7.
Only
one (1) accessory dwelling shall be permitted on any individual zoning
lot within any district whereon an accessory dwelling is permitted.
8.
An
accessory dwelling must be located on the same lot as the main primary
use and must not be across a street or alley from the main use.
9.
An
existing primary residential structure must be constructed, or in
the process of being constructed, prior to the allowance of development
of an accessory dwelling upon said lot.
a.
In the circumstance whereby an applicant wishes to construct both
a primary use and an accessory dwelling upon a vacant lot, construction
of the primary structure shall be begun prior to or concurrent with
said accessory dwelling, before approval for construction of an accessory
dwelling is granted.
b.
No accessory dwelling shall be used/inhabited unless the main/primary
residential building on the lot is occupied by its residents.
10.
One (1) standard, paved, off-street parking space shall be available
for each accessory dwelling.
11.
No more than one (1) covered parking space shall be allowed.
12.
Lavatory and kitchen facilities and services shall be permitted in
said accessory dwelling, subject to building codes and city staff
approval.
13.
An accessory building shall have a minimum exterior area of five
hundred (500) square feet. Maximum exterior area of said accessory
dwelling structure shall not exceed thirty-five (35) percent of the
size of the primary dwelling, up to a maximum of nine hundred (900)
square feet.
14.
Person(s) residing in said accessory dwelling shall be related to
the residents in the primary single-family residential structure existing
on the subject lot either by blood or marriage.
15.
Occupancy of said accessory dwelling shall meet the requirements
of the International Residential Building [Code].
16.
All accessory dwelling structures shall have smoke detection equipment
installed. Such equipment shall be approved by the City of Paris Fire
Marshal.
17.
Maximum height of accessory dwellings:
The height of
all accessory dwellings shall be governed by Section 11: Height Regulations
currently existing in the City of Paris Zoning Ordinance.
18.
All accessory dwellings shall be located totally behind the rear
building line of the primary/principal single-family residential home.
19.
Air conditioning compressors, cooling towers, and similar accessory
structures shall observe all front, side, and rear yard setbacks as
specified in each zoning district wherein accessory dwellings are
permitted.
20.
No accessory dwelling structure or any part thereof shall be used
for commercial, industrial, or any other nonresidential purposes or
use.
21.
For aesthetic compatibility purposes, an accessory dwelling shall
be constructed of the same exterior materials as the principal/primary
residential structure, presuming said materials meet the City of Paris
Building Code or other relevant and related codes and ordinances.
22.
All plumbing systems necessary for accessory dwellings shall be extended
from the main structure, with no separate taps or meters allowed.
23.
An accessory dwelling shall not have an electric meter that is separate
from the primary structure.
d.
There
shall be no variances allowed under this section, and the board of
adjustment has no authority to grant any variances to the regulations
contained herein.
(Ordinance 2019-006, sec. 3, adopted 1/28/19; Ordinance
2019-046, secs. 2, 3, adopted 11/11/19)
14-101
Courts. Where an apartment building or buildings
are erected so as to create inner courts, the faces of all opposite
walls in such courts shall be a minimum distance of thirty (30) feet
apart and no balcony or canopy shall extend into such court area for
a distance greater than five (5) feet.
14-102
Location of Dwellings and Buildings. Only one main building for one-family
and two-family use with permitted accessory buildings may be located
upon a lot or unplatted tract. Every one-family or two-family dwelling
shall face or front upon a public street, other than an alley. Where
a lot is used for multiple-family dwelling, retail, commercial, industrial
purposes, or a combination of same, more than one (1) main building
may be located upon the lot, but only when such buildings conform
to all the open space, parking and density requirements applicable
to the uses and districts and when all such main buildings face upon
a public street, other than an alley. Whenever two (2) or more main
buildings, or portions thereof, are placed upon a single lot or tract
and such buildings will not face upon a public street, the same may
be permitted when the site plan for such development is approved by
the Planning and Zoning Commission. No parking area, storage area,
or required open space for one building shall be computed as being
the open space, yard or area requirements for any other dwelling or
other use. This paragraph shall not be used to limit or restrict development
according to approved site plan in a Planned Development District
(PD) or in a Public Lands and Institutions District (PLI).
14-103
Special Development Signs. Special temporary development and promotions
signs not exceeding four hundred (400) square feet in area may be
erected on private property upon approval of the Building Inspector.
The Building Inspector shall control the location and duration of
such sign use to assure that the occupancy and use of adjacent lots
are not interfered with and that no safety hazard is created. Such
special development signs will be removed at the direction of the
Building Inspector after completion of the development of ninety (90)
percent of the project advertised.
14-104
Temporary Construction Buildings. Temporary buildings and temporary
building material storage areas to be used for construction purposes
may be permitted for a specified period of time in accordance with
a permit issued by the Building Inspector and subject to periodic
renewal by the Inspector for cause shown. Upon completion or abandonment
of construction or expiration of permit, such field offices and buildings
shall be removed at the direction of the Building Official. Temporary
portable storage units are allowed for short term use of up to 14
days in any zoning district without a permit from the Building Official.
14-105
Seasonal Portable Storage. A portable storage structure may be located
as a temporary structure on non-residential property within the city
for a period not exceeding one hundred twenty (120) days in any one
calendar year, provided the property has an approved site plan. Duration
shall be measured from the time of delivery to the time of removal.
Each day that a portable storage structure remains beyond the required
removal date shall constitute a violation.
14-106
Temporary Structure Safety. It shall be the obligation of the owner
or user of any temporary portable storage structure to secure it in
a manner so as not to endanger the safety of persons or property in
the vicinity of the structure. In the event of high winds or other
weather conditions in which such structure may pose a physical danger
to persons or property, the appropriate law enforcement officers may
require the immediate removal of such temporary structure and shall
notify the property owners of such requirement.
14-107
Permanent Portable Storage. A portable storage unit may be located
as a permanent storage structure on property within non-residential
zoning districts proved all the following criteria are met:
a.
The
storage unit is located wholly behind the main building.
b.
The
storage unit is not visible from any public street. Where the property
has double frontage resulting in an exposed rear yard, screening materials
may be used around the storage unit so as to conceal it from public
view when permitted by the building official.
c.
The
location of the unit meets all setbacks required by city ordinance.
d.
The
location of the unit does not obstruct the proper flow of stormwater.
e.
The
storage unit is placed on a compacted, level pad made of an improved
surface in accordance with manufacturer’s recommendation.
14-108
Deadline for Removal of Nonconforming Portable Storage Structures.
All portable storage structures in the city that do not comply with
the provisions of this ordinance must be permanently removed no later
than June 1, 2020. Each day a nonconforming portable storage structure
remains after said date constitutes a separate violation of this ordinance.
(Ordinance 2075, sec. 15, adopted 3/13/72; Ordinance 2245, sec. 1, adopted 10/13/75; Ordinance 2019-046, sec. 4, adopted 11/11/19)
15-100
A nonconforming status shall exist under the
following provisions of this ordinance:
A.
When
a use or structure which does not conform to the regulations prescribed
in the district in which such use or structure is located was in existence
and lawfully operating prior to September 9, 1957, and has been operating
since without discontinuance.
B.
When
on the effective date of this ordinance the use or structure was in
existence and lawfully constructed, located and operating in accordance
with the provision of the prior zoning ordinance or which was a nonconforming
use thereunder, and which use or structure does not now conform to
the regulations herein prescribed for the district in which such use
or structure is located.
C.
When
a use or structure which does not conform to the regulations prescribed
in the district in which such use or structure is located was in existence
at the time of annexation to the City of Paris and has since been
in regular and continuous use.
15-101
Any nonconforming use of land or structures may be continued for
definite periods of time subject to such regulations as the Board
of Adjustment may require for immediate preservation of the adjoining
property prior to the ultimate removal of the nonconforming use. The
Building Official may grant a change of occupancy from one nonconforming
use to another, providing the use is within the same, or higher or
more restricted classification as the original nonconforming use.
In the event a nonconforming use of a building may be changed to another
nonconforming use of more restricted classification, it shall not
later be changed to a less restrictive classification of use and the
prior less restrictive classification shall be considered to have
been abandoned.
15-102
If a structure occupied by a nonconforming use is destroyed by fire,
the elements or other cause, it may not be rebuilt except to conform
to the provisions of this ordinance. In the case of partial destruction
of a nonconforming use not exceeding seventy-five (75) percent of
its reasonable value, reconstruction will be permitted but the size
or function of the nonconforming use cannot be expanded.
15-103
Legal Nonconforming Lot of Record. A legal nonconforming lot of record as defined in Section 22-100 of this Ordinance and existing on February 17, 2022 may be used for the erection of a structure without meeting the minimum lot area, lot width, and lot depth requirements provided that:
A.
The
use is permitted in the zoning district;
B.
The
property received approval of a final subdivision plat by the Paris
City Council and has been officially recorded in the Lamar County
Clerk’s Office.
C.
The
lot has been in a legal nonconforming condition with respect to lot
size, width and depth at all times since creation, or has been approved
as a final plat by the City of Paris as a Planned Development with
reduced lot size, width, or depth requirements;
D.
The
lot was created compliant with the official controls in effect at
that time;
E.
The
applicant provides written proof of an approved subsurface sewage
treatment system (SSTS) design and permit from the Texas Commission
on Environmental Quality (TCEQ), where city sewer services are not
available;
F.
The
lot area, width and depth are within seventy-five percent (75%) of
the minimum requirements of this Ordinance. In the SF-1 District,
existing lots of record greater than one (1) acre and with a width
of at least one hundred (100) feet may be developed without a variance,
provided all other standards of this Ordinance are met;
G.
A building
permit(s) is/are obtained from the City.
(Ordinance 2022-009, sec. 5, adopted 2/28/22)
16-100
Organization: There is hereby created a Board
of Adjustment consisting of five (5) members, each to be appointed
by resolution of the City Council for a term of two years and removable
for cause by the appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member, whose place becomes vacant for any cause, in the same
manner as the original appointment was made. Provided, however, that
the City Council may appoint two alternate members of the Board of
Adjustment who shall serve in the absence of one or more of the regular
members when requested to do so by the Mayor or City Manager, as the
case may be, so that all cases to be heard by the Board of Adjustment
will always be heard by a minimum number of the four members. The
alternate members, when appointed, shall serve for the same period
as the regular members, which is for a term of two years, and any
vacancy shall be filled in the same manner.
16-101
The Board shall adopt rules to govern its proceedings; provided,
however, that such rules are not inconsistent with this ordinance
or statutes of the State of Texas. Meetings of the Board shall be
held at the call of the Chairman and at such other times as the Board
may determine. The Chairman, or in his absence, the Acting Chairman,
may administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be opened to the public. The Board shall keep minutes
of its proceedings, or, if absent or failing to vote, indicate such
fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the Board and shall be a public record.
16-102
Appeals to the Board of Adjustment can be taken by any person aggrieved
or by an officer, department or board of the municipality affected
by the decision of the administrative officer. Such an appeal shall
be taken within twenty (20) days after the decision has been rendered
by the administrative officer, by filing with the officer from whom
the appeal is taken and with the Board of Adjustment, a notice of
appeal specifying the grounds thereof. The officer from whom the appeal
is taken shall forthwith transmit to the Board all the papers constituting
the record upon which the appeal is taken and on due cause shown.
16-103
An appeal shall stay all proceedings of the action appealed from
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment, after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Adjustment or by a court
of record on application on notice to the officer from whom the appeal
is taken and on due cause shown.
16-104
The Board of Adjustment shall fix a reasonable time for the hearing
of an appeal, give the public notice thereof, as well as due notice
to the parties in interest and decide the same within a reasonable
time. Upon the hearing any part may appear in person or by attorney
or by agent.
16-200
Jurisdiction: When in its judgment, the public
convenience and welfare will be substantially served and the appropriate
use of the neighboring property will not be substantially or permanently
injured, the Board of Adjustment may, in specific cases, after public
notice and public hearing, and subject to appropriate conditions and
safeguards authorize the following special exceptions to the regulations
herein established.
a.
Permit
the reconstruction, extension or enlargement of a building occupied
by nonconforming use on the lot or tract occupied by such building
provided such reconstruction does not prevent the return of such property
to a conforming use.
b.
Permit
such modifications of the height, yard, area, coverage and parking
regulations as may be necessary to secure appropriate development
of a parcel of land which differs from other parcels in the district
by being of such restricted area, shape, or slope that it cannot be
appropriately developed without such modification.
c.
Require
the discontinuance of nonconforming uses of land or structure under
any plan whereby the full value of the structure and facilities can
be amortized within a definite period of time, taking into consideration
the general character of the neighborhood and the necessity for all
property to conform to the regulations of this ordinance. All actions
to discontinue a nonconforming use of land or structure shall be taken
with due regard for the property rights for the persons affected when
considered in the light of the public welfare and the character of
the area surrounding the designated nonconforming use and the conservation
and preservation of property. The Board shall from time to time on
its own motion or upon cause presented by interested property owners
inquire into the existence, continuation or maintenance of any nonconforming
use within the City.
16-300
Actions of the Board:
a.
In
exercising its powers, the Board may, in conformity with the provisions
of Articles 1011-A and including 1011-J of the 1925 Civil Statutes
of Texas, as amended; revise or reform, wholly or partly, or may modify
the order, requirement, decisions, or determination appealed from
and make such order, requirement, decision or determination as ought
to be made and shall have all the powers of the officer from whom
the appeal is taken including the power to impose reasonable conditions
to be complied with by the applicant.
b.
The
concurring vote of four (4) members of the Board shall be necessary
to revise any order, requirement, decision or determination of any
such administrative official, or to decide in favor of the applicant
on any matter upon which it is required to pass under this ordinance
or to affect any variance in said ordinance.
c.
Any
person or persons, jointly or severally, aggrieved by any decision
of the Board of Adjustment or any taxpayer or any officer, department
or board of the municipality may present to a court of record a petition,
duly verified, setting forth that such decision is illegal, in whole
or part, specifying the grounds of the illegality. Such petition shall
be presented to the court within ten (10) days after the filing of
the decision in the office of the Board and not thereafter.
(Ordinance 2021-013 adopted 5/24/21)
17-100
No permit for the construction of a building
or buildings upon any tract or plot shall be issued until a building
site, building tract or building lot has been created by compliance
with one of the following conditions:
a.
The
lot or tract is part of a plat of record, properly approved by the
Planning and Zoning Commission, and filed in the Plat Records of Lamar
County, Texas.
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.
c.
The
plot, tract or lot faces upon a dedicated street and was separately
owned prior to the effective date of this ordinance prior to annexation
to the City of Paris, whichever is applicable, in which event a building
permit for only one main building may be issued on each such original
separately owned parcel without first complying with either 17-100
a. or b. preceding.
(Ordinance 2016-006, sec. 15, adopted 3/14/16)
18-100
The Planning and Zoning Commission of the City
of Paris shall not approve any plat of any subdivision within the
city limits of the City of Paris until the area covered by the proposed
plat shall have been permanently zoned by the City Council of the
City of Paris.
18-101
The Planning and Zoning Commission of the City of Paris shall not
approve any plat of any subdivision within any area where a petition
or ordinance for annexation or a recommendation for annexation to
the City of Paris is pending before the City Council unless and until
such plat shall have been approved by resolution by the City Council.
18-102
In the event the Planning and Zoning Commission holds a hearing on
proposed annexation, it may, at its discretion, at the same time hold
a hearing upon the permanent zoning that is to be given to the area
or tract to be annexed, and make a recommendation on both matters
to the City Council so that the City Council can, if it desires, act
on the matter of permanent zoning and annexation at the same time.
19-100
No building hereafter erected, converted or
structurally altered shall be used, occupied or changed in use and
no land may be used nor shall any basic change of use in land or structure
be made until a Certificate of Occupancy and Compliance shall have
been issued by the Building Official of the City of Paris stating
that the building or proposed use of land or building complies with
the provisions of this ordinance and other building laws of the City
of Paris.
19-101
A Certificate of Occupancy and Compliance shall be applied for coincident
with the application for a building permit and will be issued within
ten (10) days after the completion of the erection, alteration or
conversion of such building or land provided such construction or
change has been made in complete conformity to the provisions of this
ordinance. All existing or hereafter created nonconforming uses shall
obtain Certificates of Occupancy within eighteen (18) months of the
effective date of this ordinance. An Occupancy Permit shall be considered
evidence of the legal existence of a nonconforming use as contrasted
to an illegal use and violation of this ordinance.
19-102
A Certificate of Occupancy and Compliance shall state that the building
or proposed use of a building or land, complies with all the building
or health laws and ordinances and with the provisions of these regulations.
A record of all certificates shall be kept on file in the office of
the Building Official, and copies shall be furnished, on request,
to any person having a proprietary or tenancy interest in the land
or building affected.
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
(1) 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.
(Ordinance 2016-006, sec. 16, adopted 3/14/16)
21-100
Any person or corporation having a proprietary
interest in any property may petition the Planning and Zoning Commission
for a change or amendment to the provisions of this ordinance or the
Planning and Zoning Commission may, on its own motion or on request
from the City Council, institute study and proposal for changes and
amendments in the public interest.
21-101
The City Council may from time to time amend, supplement, or change
by ordinance the boundaries of the districts or the regulations herein
established as provided by the statutes of the State of Texas.
21-102
Before taking action on any proposed amendment, supplement or change,
the governing body shall submit the same to the Planning and Zoning
Commission for its recommendation and report.
21-103
The Planning and Zoning Commission shall hold a public hearing on
any application for any amendment or change prior to making its recommendation
and report to the City Council. Written notice of all public hearings
before the Planning and Zoning Commission on a proposed amendment
or change shall be sent to all owners of real property lying within
two hundred (200) feet of the property on which the change is requested.
Such notice shall be given not less than ten (10) days before the
date set for hearing by posting such notice properly addressed and
postage-paid to each taxpayer as the ownership appears on the last
approved City tax roll.
21-104
A public hearing shall be held by the governing body before adopting
any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in the official publication of the City
of Paris stating the time and place of such hearing, which time shall
not be earlier than fifteen (15) days from the date of publication.
21-105
Unless a proposed amendment, supplement or change has been approved
by the Planning and Zoning Commission, or if a protest against such
proposed amendment, supplement or change has been filed with the City
Secretary, duly signed and acknowledged by the owners of twenty (20)
percent or more either of the area of the lots included in such a
proposed change or those immediately adjacent in the rear thereof
extending two hundred (200) feet therefrom or of those directly opposite
thereto extending two hundred (200) feet from the street frontage
of such opposite lots, such amendment shall not become effective except
by a three-fourths vote of the governing body.
21-106
The following fees shall be required of all applicants seeking action
under this ordinance:
Appeal to the Board of Adjustments: $100.00
Zoning Change Request: $200.00
Special Use Permit: $200.00
Planned Development Site Plan Approval: $200.00
(Ordinance 2000-057, sec. 2, adopted 11/13/00; Ordinance 2007-009, sec. 2, adopted 5/14/07; Ordinance 2021-012 adopted 5/24/21)
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 Residential Dwelling Unit -
An accessory dwelling is defined as either a freestanding single-family
home or garage apartment/loft located on an individual residential
lot in a City of Paris zoning district and which is separate from
the primary residence on said lot.
(2)
Accessory Use -
A use subordinate to
and incidental to the primary of the main building or to the primary
use of the premises.
(3)
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.
(4)
Alcoholic Beverages -
Alcohol or any
beverage containing more than one-half (1/2) of one (1) percent of
alcohol by volume which is capable of use for beverage purposes, either
alone or when diluted.
(5)
Alley -
A public space or thoroughfare
which affords only secondary means of access to property abutting
thereon.
(6)
Apartment -
A room or suite of rooms
in a multifamily dwelling or apartment house arranged, designed or
occupied as a place of residence by a single family, individual or
group of individuals.
(7)
Apartment House -
Any building or portion
thereof, which is designed, built, rented, leased or let to be occupied
as three (3) or more dwelling units or apartments or which is occupied
as a home or place of residence by three (3) or more families living
in independent dwelling units.
(8)
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.
(9)
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.
(10)
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.
(11)
Automobile Detailing Shop -
A facility
which provides automobile-related services such as applying paint
protectors, interior and exterior cleaning and polishing as well as
installation of after-market accessories such as tinting, auto alarms,
spoilers, sunroofs, headlight covers, and similar items. Typically
equipment used includes a power washer and a shop vacuum for detailing.
(12)
Basement -
A building story which is
partly underground but having at least one-half (1/2) of its height
above the average level of the adjoining ground. A basement shall
be counted as a story in computing building height.
(13)
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 (2) streets which intersect said
street on the said side.
(14)
Board -
The Zoning Board of Adjustment
established in Section 17 [16].
(15)
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.
(16)
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.
(17)
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.
(18)
Building Official -
Chief Building
Official of the City of Paris.
(19)
Cellar -
A building story with more
than one-half (1/2) its height below the average level of the adjoining
ground. A cellar shall not be counted as a story in computing building
height.
(20)
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.
(21)
City Council -
The governing body of
the City of Paris, Texas.
(22)
City Manager -
The chief city administrator.
(23)
Clinic -
A group of offices for one
(1) or more physicians, surgeons or dentists to treat sick or injured
outpatients who do not remain overnight.
(24)
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.
(25)
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.
(26)
Community Garden -
A private or public
facility for cultivation of fruits, flowers, vegetables, or ornamental
plants by more than one (1) person or family.
(27)
Convalescent Home -
Any structure used
for or customarily occupied by persons recovering from illness or
suffering from infirmities of age.
(28)
Court -
An open, unoccupied space,
bounded on more than two (2) 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.
(29)
Depth of Lot -
The mean horizontal
distance between the front and rear lot lines.
(30)
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.
(31)
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.
(32)
Dwelling, One-Family -
A detached building
having accommodations for and occupied by not more than one (1) family,
or by one (1) family and not more than four (4) boarders and lodgers.
(33)
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).
(34)
Dwelling, Four-Family -
Any building
or a portion thereof, which is designed, built, rented, leased, or
let to be occupied as three (3) or four (4) dwelling units or apartments
or which is occupied as a home or residence of three (3) or four (4)
families.
(35)
Dwelling, Multiple-Family -
Any building
or portion thereof, which is designed, built, rented, leased or let
to be occupied as five (5) or more dwelling units or apartments or
which is occupied as a home or residence of five (5) or more families.
(36)
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.
(37)
Expansion Substantial (also addition, major) -
Floor space increase of twenty-five (25) percent or new materials
or processes not normally associated with the existing use.
(38)
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.
(39)
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.
(40)
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.
(41)
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.)
(42)
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.
(43)
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.
(44)
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.
(45)
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 principles 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.
(46)
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.
(47)
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.
(48)
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.
(49)
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.
(50)
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.
(51)
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.
(52)
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.
(53)
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.
(54)
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.
(55)
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 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.
(56)
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.
(57)
Leapfrog Development -
New development
separated from existing development by substantial vacant land.
(58)
Legal Nonconforming Lot of Record -
Any legal parcel of land already in existence, recorded, or authorized
before the adoption of the Zoning and Subdivision Ordinances or amendments
thereto that would not have been permitted to become established under
the terms of the Zoning and Subdivision Ordinances as now written
if said ordinances had been in effect prior to the date the lot was
established, recorded or authorized.
(59)
Living Unit -
The room or rooms occupied
by a family and must include cooking facilities.
(60)
Lodging House -
A building where lodging
for five (5) or more persons is provided for compensation.
(61)
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.
(62)
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.
(63)
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.
(64)
Lot Lines -
The lines bounding a lot
as defined herein.
(65)
Lot Depth -
The mean distance between
the front and rear lot lines. (See appendix illustration 2.)
(66)
Lot Width -
The width of a lot at the
front building line. (See appendix illustration 1.)
(67)
Main Building -
The building or buildings
on a lot which are occupied by the primary use.
(68)
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.
(70)
Manufactured Home Subdivision -
Is
a development where manufactured homes are placed as [on] individual
lots approved under the City’s subdivision regulations.
(71)
Mixed-Use Development -
A project which
integrates at least two (2), or a variety of land uses including residential,
office, commercial, service, and employment and may result in measurable
reductions in traffic impacts.
(72)
Mobile Food Unit -
A temporary food
service structure that is a vehicle-mounted food service establishment
designed to be readily movable.
(73)
Motel -
An inn or group of cabins designed
for occupancy by paying guests, a hotel.
(74)
Multifamily Building -
Same as apartment
house.
(75)
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 [or] a sign.
(76)
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.
(77)
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.
(78)
Occupancy -
The use or intended use
of the land or buildings by proprietors or tenants.
(79)
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.
(80)
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.
(81)
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.
(82)
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.
(83)
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.
(84)
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.
(85)
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.
(86)
Residence -
Same as a dwelling; also
when used with District, an area of residential regulations.
(87)
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.
(88)
Rooming House -
(See Lodging House).
(89)
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.
(90)
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.
(91)
Story -
The height between the successive
floors of a building or from the top floor to the roof.
(92)
Street -
Any thoroughfare or public
driveway, other than an alley, which has been dedicated or deeded
to the public for public use.
(93)
Street Line -
A dividing line between
a lot, tract or parcel of land and a contiguous street, the right-of-way
line.
(94)
Structural Alterations -
Any change
in the supporting member of a building, such as a bearing wall, column,
beams or girders.
(95)
Structure -
(Same as building.)
(96)
Substantial Improvement -
Any reconstruction,
rehabilitation, addition, or other improvements of a structure, the
cost of which equals or exceeds fifty (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:
(A)
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
(B)
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 (6) inches.
(97)
Substantial Modification -
A change
that significantly alters the impacts or character of a structure,
development, or activity.
(98)
Sustainable Community -
Use of natural
resources in a way that does not jeopardize the ability of future
generations to live and prosper.
(99)
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.
(100)
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. The
creation, insertion, or application of permanent cosmetics shall not
be classified as Tattooing.
(101)
Thoroughfare -
(Same as street.)
(102)
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.
(103)
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.
(104)
Use, Compatible -
A compatible use
is a property, use, or service which is capable of direct association
with certain other uses because it is complementary, congruous, or
otherwise not detrimental.
(105)
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.
(106)
Use, Incompatible -
A use or service
that is incapable of direct association with certain other uses because
it is contradictory, incongruous, or discordant.
(107)
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.
(108)
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.
(109)
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.
(110)
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.
(111)
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.
(112)
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.
(113)
Xeriscaping -
A set of garden design
and landscape maintenance principles 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.
(114)
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.
(115)
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.)
(116)
Yard, Rear -
An open, unoccupied space,
except for accessory buildings as herein permitted, extending across
the rear of a lot from one (1) 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.)
(117)
Yard, Side -
An open, unoccupied space
or spaces on one (1) or two (2) 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.)
(118)
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.
(119)
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.
(120)
Vehicle storage facility
means a state
licensed garage, parking lot, or any type of facility owned by a person
other than a governmental entity for storing or parking vehicles as
defined by state law, where no vehicle repairs or dismantling of parts
is permitted.
(Ordinance 2566, secs. 4, 5, adopted 4/13/81; Ordinance 89-030, sec. 2, adopted 8/14/89; Ordinance 2074, sec. 6, adopted 3/13/72; Ordinance 2016-006, sec. 17,
adopted 3/14/16; Ordinance
2074, sec. 6, adopted 3/13/72; Ordinance 2017-002, sec. 6, adopted 1/9/17; Ordinance 2017-013, sec. 3, adopted 4/10/17; Ordinance 2018-038, sec. 12, adopted 11/12/18; Ordinance 2019-006, sec. 4, adopted 1/28/19; Ordinance
2020-057, sec. 4, adopted 10/26/20; Ordinance 2022-009, sec.
6, adopted 2/28/22)
23-100
Any person violating any of the provisions of
this ordinance shall, upon a conviction, be fined any sum not exceeding
two thousand dollars ($2,000.00); and each and every day that the
provisions of this ordinance are violated shall constitute a separate
and distinct offense. In addition to the said penalty provided for,
the right is hereby conferred and extended upon any property owner
owning property in any district, where such property owner may be
affected or invaded, by a violation of the terms of the ordinance,
to bring suit in such court or courts having jurisdiction thereof
and obtain such remedies as may be available at law and equity in
the protection of the rights of such property owners.
(Ordinance 87-016, sec. 2, adopted 3/9/87; Ordinance 87-044, sec. 10, adopted 8/19/87)
24-100
By the passage of this ordinance, no presently
illegal use shall be deemed to have been legalized unless specifically
such use falls within a use district where the actual use is a conforming
use. Otherwise, such uses shall remain nonconforming uses where recognized,
or an illegal use, as the case may be. It is further the intent and
declared purpose of this ordinance that no offense committed, and
no liability, penalty or forfeiture, either civil or criminal, incurred
prior to the time the existing zoning ordinance was repealed and this
zoning ordinance adopted, shall be discharged or affected by such
repeal; but prosecutions and suits for such offenses, liabilities,
penalties or forfeitures may be instituted or causes presently pending
proceeded with in all respects as if such prior ordinance had not
been repealed.
25-100
If any section, paragraph, subdivision, clause,
phrase or provision of this ordinance shall be adjudged invalid or
held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provisions thereof other than
the part so decided to be invalid or unconstitutional.
26-100
That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
27-100
This ordinance shall become effective immediately
upon its passage and the publication of the caption hereof.
28-100
The Communications Act of 1934 as amended by
the Telecommunications Act of 1996 (“The Act”) grants
the Federal Communications Commission (FCC) exclusive jurisdiction
over:
(a)
The regulation of environmental effects of radio frequency (RF) emissions
from telecommunications facilities; and,
(b)
The regulation of radio signal interference among users of the RF
spectrum. The City’s regulation of towers and telecommunications
facilities in the city will not have the effect of prohibiting any
person from providing wireless telecommunication services in violation
of the Act.
28-101
The general purpose of this ordinance is to regulate the placement,
construction, and modification of towers and telecommunications facilities
in order to protect the health, safety, and welfare of the public,
while at the same time not unreasonably interfering with the development
of the competitive wireless telecommunications marketplace in the
City. More specifically, the purposes of this ordinance are as follows:
(a)
To regulate the locations of towers and telecommunications facilities
in the City;
(b)
To protect residential areas, historic areas, and land uses from
potential adverse impact of towers and telecommunications facilities;
(c)
With [Within] any zoning district wherein wireless communication
facilities are permitted, to provide clear performance standards addressing
the siting of wireless communications facilities;
(d)
To encourage the location of wireless communications facilities on
existing structures, including utility poles, signs, water towers,
buildings, and other similar facilities where feasible;
(e)
To promote and encourage shared use/collocation of towers and telecommunications
facilities as a primary option rather than construction of additional
such facilities;
(f)
To promote and encourage utilization of technological designs that
will either eliminate or reduce the need for erection of new support
structures and telecommunications facilities;
(g)
To streamline and expedite permitting procedures to effect compliance
with the Federal Telecommunications Act of 1996;
(h)
To enhance the ability of providers of telecommunication services
to provide such service to the community quickly, effectively, and
efficiently;
(i)
To avoid potential damage to property caused by towers, support structures,
and telecommunications facilities by insuring such structures are
soundly and carefully designed, constructed, modified, maintained,
and removed when no longer used or are determined to be structurally
unsound;
(j)
To ensure that towers, support structures and telecommunication facilities
are compatible with surrounding land uses.
28-102
The following words, terms, and phrases, when used in this ordinance,
shall have the meanings ascribed to them herein, except where the
context clearly indicates a different meaning:
(a)
Antenna Array
means one or more rods,
panels, discs, or similar devices attached to a support structure
and used for the transmission or reception of radio frequency signals,
which may include an omni directed antenna (rod), a directional antenna
(panel) and a parabolic antenna (dish). The antenna array does not
include the support structure defined herein.
(b)
Applicant
means any person that applies
for a Tower Use Permit as required under this ordinance.
(c)
Application
means the process by which
the owner or agent for the owner of a parcel of land within the city
submits a request to develop, construct, build, modify, or erect a
Wireless Communication Facility (WCF) upon such parcel of land. Application
includes all written documentation, verbal statements, and representations
in whatever form or forum made by an applicant to the city concerning
such a request.
(d)
Attached Wireless Communications Facility (Attached WCF)
means an antenna array attached to an existing building
or structure which shall include, but not be limited to, utility poles,
signs, water towers, or other alternative support structures, together
with any accompanying pole or device that attached the antenna array
to the existing building or structure, associated connection cables,
and any equipment facility which may be located either inside or outside
the attachment structure.
(e)
Collocation or Site Sharing
means use
of a common WCF or common site by two or more wireless license holders
or by one wireless license holder for more than one type of communications
technology or placement of a WCF on a structure owned or operated
by a utility or other public entity.
(f)
Department
means the city department
charged with the responsibility for administering this ordinance,
as designated by the City Manager.
(g)
Director
means the person designated
by the City Manager as the director of the department responsible
for the administration of this ordinance.
(h)
Equipment Facility
means any structure
used to contain ancillary equipment for a WCF that includes cabinets,
shelters, a build-out of an existing structure, pedestals, and other
similar structures.
(i)
FAA
means the Federal Aviation Administration.
(j)
FCC
means the Federal Communication
Commission.
(k)
FTA
means the Federal Telecommunication
Act of 1996.
(l)
Governmental Entity
means any department,
branch, or bureau of the United States Government, the State of Texas,
a County, an Independent School District, a City, or a publicly supported
College or University chartered by the State of Texas and authorized
to collect ad valorem taxes.
(m)
Height,
when referring to a WCF, shall
mean the distance measured from ground level to the highest point
on the WCF, including the Antenna Array.
(n)
Person
means any natural person, firm,
partnership, association, corporation, company, or other legal entity,
private or public, whether for profit or not for profit.
(o)
Preexisting WCF and support structure
means any WCF and support structure existing a the time of adoption
of this ordinance, provided such WCF and support structure was constructed
in compliance with any outstanding federal law, state law, city ordinance,
and in conformance with any building permit or zoning approval, if
any, required incident to said construction.
(p)
Setback
means the required distance
from the foundation of WCF land-based elements to the property lines
of the parcel on which the WCF is located.
(q)
Support Structure
means a structure
designed and constructed specifically to support an antenna array,
and may include a monopole, a self-supporting (lattice), or GUI wire
supported tower or other similar structures. Any device used to fasten
an attached WCF to an existing building or structure shall be excluded
from the definition of regulations applicable to support structures.
(r)
Tower Use Permit (TUP)
means a permit
issued by the City specifically for the location, construction, and
use of a WCF subject to an approved site plan and any special conditions
determined by the director to be appropriate under the provisions
of this ordinance.
(s)
Wireless Communications
means any personal
wireless service as defined in the Telecommunications Act of 1996,
which includes FCC licensed commercial wireless telecommunication
services including cellular, personal communications services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging, and similar services that currently exist or that
may in the future be developed.
(t)
Wireless Communication Facility (WCF)
means any unstaffed facility for the transmission or reception of
wireless communications services, usually consisting of an antenna
array, connection cables, an equipment facility, and a support structure
to achieve the necessary elevation.
(u)
Zoning Ordinance
means Ordinance No.
1710 of the City of Paris, as the same shall be hereafter amended,
revised, replaced, or codified.
28-103
(a)
New WCF and Support Structures.
All new WCF or support
structures in the City of Paris shall be subject to these regulations,
except as provided herein.
(b)
Amateur Radio Station Operators/Receive Only Antennas.
This ordinance shall not govern any WCF or support structure or the
installation thereof, that is under seventy (70) feet in height and
is owned and operated by a federally licensed amateur radio station
operator or is used exclusively for receive-only antennas. Such installation
shall comply with any other applicable provisions of the City Zoning
Code or other ordinances.
(d)
Exemptions for Governmental Entities.
This ordinance
shall not govern any WCF or support structure, or the installation
or construction thereof, which is installed or constructed by a governmental
entity as that term is defined in this ordinance, provided the primary
purpose or use of said WCF or support structure is in furtherance
of the functions of the governmental entity, and not for commercial
use or financial gain.
28-104
(a)
Areas designated historically significant.
From and
after the effective date of this ordinance, no WCFs shall be permitted
in any area that shall be hereafter designated by the City as a historically
significant area or district.
(b)
Permitted areas.
From and after the effective date of
the ordinance [from which this section is derived] new WCFs shall
be permitted only in areas bearing a zoning designation of Commercial
(C), Light Industrial (LI), or Heavy Industrial (HI); the siting of
new WCFs in areas zoned other than as designated herein, including
Residential Districts (SF-1), (SF-2), (SF-3), (2F), (MF-1), (MF-2),
Planned Development Districts (PD), Agricultural (A), and non-Commercial
and non-Industrial Districts including Parking Districts (P), Office
District (O), Neighborhood Service District (NS), General Retail District
(GR), Central Area (CA), and Public Lands and Institutes (PL&I)
shall be and is hereafter prohibited. Notwithstanding the foregoing,
an attached WCF as defined herein shall be permitted in any zoning
district in the city if it is to be attached to an existing water
tower.
28-105
From and after the effective date of this ordinance, no person shall
install or construct any WCF unless and until a Tower Use Permit (TUP)
has been issued pursuant to the requirements of this ordinance.
28-106
(a)
Platted Lots.
Each WCF, including the support structure
and any related equipment facility, shall be located on a platted
lot.
(b)
Height Standards.
(1)
Attached WCF.
The total height of an existing building
or structure to which a WCF has been attached shall not exceed two
hundred sixty (260) feet, subject to the other terms and provisions
of this ordinance.
(2)
WCF with Support Structures.
WCF with support structures
shall have a maximum height of two hundred sixty (260) feet, subject
to the other terms and provisions of this ordinance.
(c)
Setback standards.
No setbacks shall be required for
towers located on properties zoned Commercial (C), Light Industrial
(LI), and Heavy Industrial (HI), provided the actual location of such
towers in said zoned areas is at least five hundred (500) feet from
areas zoned SF-1, SF-2, SF-3, 2F, MF-1, MF-2, Agricultural (A), and
Residential Planned Development Districts (PD). In determining the
setback requirement, the distance shall be measured from the base
of the support structure to the lot line of the off-site use following
a straight line from the base of the support structure to the closest
point of the designated zoned property.
(d)
Compliance with existing City ordinances regarding preservation of
trees and other vegetation.
All WCF facility installations
shall comply in full with the City’s requirements regarding
the preservation of trees and other vegetation incident to any construction
activity.
(e)
Lighting.
WCF shall not be artificially illuminated,
directly or indirectly, except for:
(1)
Security and safety lighting of equipment buildings if such lighting
is appropriately down-shielded to keep light within the boundaries
of the site; and,
(2)
Such illumination of the WCF as may be required by the FAA or other
applicable authority installed in a manner to minimize impacts on
adjacent property.
(f)
Signage.
No WCF shall display any signage, logos, decals,
symbols, or any messages of a commercial or noncommercial nature,
except for a small message containing provider identification and
emergency telephone numbers and such other information as may be required
by local, state, or federal regulations governing WCF.
(g)
Security Fencing.
Each WCF with support structure shall
be enclosed by an opaque security fence not less than six (6) feet
in height. Nothing herein shall prevent security fencing which is
necessary to meet requirements of state and federal agencies.
(h)
State or Federal Requirements.
All WCF must meet or
exceed current standards and regulations of the FAA, the FCC, and
any other agency of the state or federal government with the authority
to regulate WCF. If such standards and regulations are changed, then
the owners of the WCF governed by this ordinance shall bring such
WCF into compliance with such revised standards and regulations within
six (6) months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring WCF into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the WCF at the owner’s expense.
(i)
Structural Integrity.
All WCF with Support Structure
shall be constructed to the Electronic Industries Association/Telecommunication
Industry Association (EIA/TIA) 222 Revision F Standard entitled “Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures”
(or equivalent), as the same may be updated or amended. Each support
structure shall be capable of supporting at least three antenna arrays.
In addition, such structure shall comply with any and all applicable
state or local building codes. If, upon inspection, the City concludes
that a WCF with support structure fails to comply with such codes
and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of said WCF, the owner shall
have thirty (30) days to bring such WCF into compliance with such
standards. Failure to bring such WCF into compliance within said thirty
(30) days shall constitute grounds for the removal of the WCF at the
owner’s expense. Provided further, however, that in the event
of an emergency circumstance representing an immediate threat to the
health, safety, and welfare of the citizens of the City of Paris,
the City may require the owner of any WCF to immediately remedy any
such dangerous or threatening circumstance, and upon the owner’s
failing to respond to such emergency, the City may itself respond
to said emergency at the owner’s expense.
(j)
Radio frequency emissions.
The following radio frequency
emissions standards shall apply to all WCF installations.
(1)
RF Impact.
The FTA gives the FCC sole jurisdiction of
the regulation of radio frequency (RF) emissions, and approval of
a WCF under this ordinance which meets the FCC standard shall not
be conditioned or denied on the basis of RF Impact.
(2)
FCC Compliance.
In order to provide information to its
citizens, copies of ongoing FCC information concerning each WCF and
RF emission standards may be requested. Applicants for each WCF shall
be required to provide information with the application on the measurement
of the effective radiated power of the facility and how said facility
will comply with FCC standards.
(k)
Sound Prohibited.
No sound emissions such as alarms,
bells, buzzers, or the like are permitted on any WCF.
(l)
Collocation Agreement.
All applicants for a WCF are
required to submit a statement with their application agreeing to
allow collocation of other WCF providers. The statement shall include
the applicant’s policy regarding collocation of other providers
and the methodology to be used by the applicant in determining reasonable
rates to be charged to other providers. The collocation agreement
shall be considered a condition for issuance of a TUP.
(m)
Technical Assistance.
In the course of consideration
of any application, the director or the City Council may deem it necessary,
in complex situations, to employ an engineer or engineers or other
consultants qualified in the design and installation of WCF to assist
the City in the technical aspects of the application. In such cases,
any reasonable cost incurred by the City not to exceed five thousand
dollars ($5,000) for the technical review and recommendation shall
be reimbursed by the applicant.
28-107
(a)
No new WCF shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the director that no existing support
structure, or alternative support structure, or alternative technology
that does not require the use of support structures can accommodate
the applicant’s proposed WCF. An applicant shall submit any
and all information as the City may deem appropriate related to the
availability of suitable existing towers and other WCF, other structures,
or alternative technology. Information submitted to demonstrate that
no existing support structure, WCF, or other structure or alternative
technology can accommodate the applicant’s proposed WCF may
evidence any of the following:
(1)
No existing support structures or WCF are located within the geographic
area which meet applicant’s engineering requirements;
(2)
Existing support structures or other WCF are not of sufficient height
to meet applicant’s engineering requirements;
(3)
Existing support structures or WCF do not have sufficient structural
strength to support applicant’s proposed WCF and related equipment;
(4)
The applicant’s proposed support structure and WCF would cause
electromagnetic interference with existing WCF, or the broadcast signal
or antenna array on existing WCF or support structures would cause
interference with the applicant’s proposed WCF;
(5)
The fees, costs, or contractual provisions required by the owner
of the other structure in order to share an existing support structure
or WCF or to adapt an existing support structure or WCF for sharing
are unreasonable. Costs exceeding new support structure development
are presumed to be unreasonable;
(6)
There are other limiting factors that render existing support structures,
WCF, or an alternate technology unsuitable;
(7)
An alternative technology that does not require the use of support
structures, such as a cable micro-cell network using multiple low
power/receivers attached to a wire line system, is unsuitable. Costs
of alternative technology that exceed new support structure or WCF
development shall not be presumed to render the technology unsuitable.
(b)
As part of the process of consideration as to whether or not existing
support structures or WCF would be suitable for an applicant’s
needs, any owner of any existing support structure or WCF may participate
in any application or permitting process by submitting evidence contrary
to that produced by the applicant indicating that the owner of said
existing structure has the capability of providing the necessary support
structure and WCF access for the applicant.
28-108
(a)
General.
The following provisions shall govern the approval
of applications for support structures and WCF under this ordinance:
(1)
The director may administratively approve the support structures
and WCF listed herein.
(2)
Each applicant for approval shall apply to the director providing the information set forth in Section 28-109 of this ordinance and a nonrefundable fee in the amount of five hundred dollars ($500.00) to reimburse the City for the cost of reviewing the application.
(3)
The director shall review the application and determine if the proposed
use and application for WCF and support structure complies with this
ordinance.
(4)
The director shall respond to each such application within sixty
(60) after receipt of same by either approving or denying the application.
(5)
If approval of an application is denied by the director, the applicant
may at his choice file an appeal of said decision to the City Council,
provided such application for appeal is filed in writing within ten
(10) days following the denial of the application by the director.
(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 subsections
(b)(2)a., b., and c.
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, existing building, or other similar
structure provided that such existing structure is located in an area
zoned Commercial (C), Heavy Industrial (HI), or Light Industrial (LI).
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 (C), Heavy Industrial (HI),
or Light Industrial (LI).
c.
Collocation of attached wireless communications facilities shall
be permitted on water towers in any zoning district within the City
of Paris, subject to the approval of the city manager.
(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.
28-109
Applicants for a Tower Use Permit for a support structure or WCF
shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type, and height
of the proposed support structure and WCF, on-site land uses and zoning,
adjacent land uses and zoning, Master Plan classification of the site
and all properties within the applicable separation distances set
forth herein, adjacent roadways, proposed means of access, setbacks
from property lines, elevation drawings of the proposed tower and
any other structures, topography, parking, and other information deemed
appropriate by the director to be necessary to assess compliance with
this ordinance;
(b)
Legal description of the parent tract and leased parcel (if applicable);
(c)
The setback distance between the proposed support structure and WCF
and the nearest residential unit and/or nearest residentially zoned
area;
(d)
Information indicating the method of fencing;
(f)
A notarized statement by the applicant as to whether construction
of the support structure or WCF will accommodate collocation of additional
WCF for future users;
(g)
Identification of the applicant providing the name, address, location
of main office (i.e., whether corporation, partnership, sole proprietorship,
etc.) and other information necessary to property identify the applicant;
(h)
A description of the suitability of the use of existing support structures,
WCF, or other structures or alternative technology not requiring the
use of support structures or WCF to provide the services to be provided
through the use of the proposed new support structure and WCF.
28-110
Any WCF that is not operated for a continuous period of twelve (12)
months shall be considered abandoned, and the owner of the WCF shall
remove the WCF within ninety (90) days after notice from the City
to remove same. If the abandoned WCF is not removed within ninety
(90) days, the City may remove it and recover its cost from the WCF
owner. If there are two or more users of a single WCF, this provision
shall not become effective until all users of said facilities cease
to use the WCF. If the owner of an abandoned WCF cannot be located
or is no longer in business, the requirements of this section shall
be the responsibility of the landowner on whose property the WCF is
located.
28-111
WCF existing on the date of the adoption of this ordinance which
do not comply with the requirements of this ordinance (nonconforming
WCF) are subject to the following provisions:
(a)
Expansion.
Nonconforming WCF may continue in use for
the purpose now used, but may not be expanded without complying with
the requirements of this ordinance except as further provided herein.
(b)
Additions.
Nonconforming WCF may add additional antenna
or antenna array (belonging to the same provider or other providers)
subject to the remaining provisions of this ordinance.
(c)
Rebuilding damaged or destroyed nonconforming WCF.
Nonconforming
WCF which become damaged or destroyed due to any reason or cause,
may be repaired and restored to its former use, location, and physical
dimensions subject to the remaining applicable provisions of this
ordinance.
28-112
Any Tower Use Permit (TUP) issued pursuant to this ordinance may
be revoked by the City Council after a hearing as provided herein.
If the Council finds that any permit holder has violated any provisions
of this ordinance, or has violated any federal, state, or local law
or ordinance, or has failed to make a good faith reasonable effort
to provide or seek collocation, the Council may revoke the aforesaid
permits upon such terms and conditions, if any, that the Council may
determine. Prior to initiation of revocation proceedings, the director
shall notify the permit holder, in writing, of the specific areas
of noncompliance and specify the date by which such deficiencies must
be corrected. The time for correction of deficiencies shall not exceed
sixty (60) days. The permit holder shall provide the director with
evidence that the required corrective action has been taken. Should
the permit holder fail to correct any deficiencies in the time required,
the City Council shall convene a public hearing to consider revocation
of said permit. The hearing shall be conducted pursuant to notice
by publication in a newspaper with general circulation in the City
no less than ten (10) days prior to the hearing and by written notice
to the permit holder. At any such hearing, the permit holder may be
represented by an attorney and may cross-examine opposing witnesses.
Other interested persons may comment. The City Council may impose
reasonable restrictions with respect to time and procedure. Following
such public hearing, the City Council shall determine, based on the
findings and recommendations of the director and other evidence as
shall be heard in said public hearing, as to whether or not the aforesaid
permit or permits should be revoked, suspended, or other conditions
should be imposed upon the permittee as the Council shall deem appropriate.
28-113
Variance
(a)
The City Council may, upon appeal taken and following notice and
public hearing as required herein, grant a variance from the requirements
of subsection 28-104(b) and/or subsections 28-106(c) and (g) on an
affirmative showing by the applicant that a WCF proposed for construction
will be constructed in a manner to be totally masked of [or] camouflaged
or to be included in an existing structure which effectively masks
the appearance of the WCF, such as an existing church steeple, with
the result that such masking or camouflage renders the proposed WCF
invisible to public view, or so compatible in appearance with surrounding
uses as to be transparent in its impact on said surrounding uses.
(b)
Before any such variance may be considered, it shall be the burden
of the applicant to file an application requesting said variance,
specifying the nature of the variance requested, and providing sufficient
information to clearly show that the requirements of masking, camouflaging,
or collocation as specified in subsection (a) herein have been satisfied.
(c)
Notice of a public hearing regarding an application for variance
from those portions of this ordinance as specified herein shall be
published in a newspaper of general circulation in the City no less
than ten (10) days prior to the public hearing. In addition, actual
notice of the proposed variance shall be given to surrounding property
owners in conformance with the general notice requirements of the
City Zoning Ordinance for zoning changes. All costs of the variance
shall be assessed against and paid for by the applicant prior to the
public hearing.
(d)
During the public hearing any interested person may comment on the proposed variance. No variance shall be granted except by three-fourths (3/4) vote of the governing body voting in favor or the grant of said variance, in a manner consistent with section 21-105 of the City Zoning Ordinance. Any variance granted may include such conditions or requirements associated with the grant of variance as the City Council shall deem necessary and appropriate.
(Ordinance 2001-048, sec. 2, adopted 8/13/01; Ordinance 2005-019, secs. 2–6, adopted 5/18/05; Ordinance 2016-006, sec. 18, adopted 3/14/16; Ordinance 2017-016, secs. 2,
3, adopted 5/22/17)
29-100
While solar farms are modern land uses which
can provide environmental and economic benefits, they also require
appropriate land use and zoning evaluation. The following represent
components of solar farm evaluation that can aid in the appropriate
locational, public health, welfare, and safety analysis regarding
the establishment of solar farms in Paris. Of course, since a Specific
Use Permit (SUP) is a site-specific zoning tool, there may be other
considerations that Paris city staff and public officials consider
relevant to address, regarding any particular property that has applied
for a solar farm development.
(a)
There shall be a mandatory pre-application meeting(s) with relevant
City of Paris staff, public officials, and their representatives.
(b)
Solar farms shall be developed on a minimum of a thirty-two (32)
acre tract and there shall be a four hundred (400) foot buffer separating
all solar farm functions and equipment surrounding all sides of the
perimeter of any solar farm property.
(c)
Solar farms shall not be constructed over any on-site wastewater
system unless specifically approved by authorized city, state, and/or
federal health officials, as required.
(d)
Every component of the solar farm shall be limited to a maximum height
of twenty (20) feet; this provision shall not include the interconnection
poles, substation equipment or other devices necessary for the electricity
to be delivered to the public utility station. Roof-mounted systems
shall not exceed the maximum height for the appropriate zoning district,
unless approved by the City of Paris staff.
(e)
In addition to pre-application meeting(s) with city staff, applicants
shall meet with the Paris airport manager regarding potential solar
panel glare issues relative to aircraft navigational functions and/or
other potential aircraft or airport operational issues.
(f)
A site plan shall be submitted as part of the SUP approval process.
(g)
As part of Paris staff and officials’ site plan review, and
prior to SUP approval, the solar farm(s) developer shall submit the
Federal Aviation Administration’s FAA Form 7460-1, filed under
Part 77 and included in the Obstruction Evaluation Program, in which
the FAA must determine the proposed solar farm to be no obstruction/hazard
to air traffic.
(h)
For all proposed solar farms, within five (5) miles of the Paris
airport, a solar glare analysis, with the airport manager’s
approval, indicating “no glare” shall be attached to Form
7460-1 and included with the Form 7460-1 when presented for SUP application.
(i)
In the event that power production ceases for a period of six (6)
months, the owner of the real property upon which the solar farm is
located shall remove from the site all the components of the solar
farm, to include equipment, conduit, structures, foundations and any
other improvements or devices used in the installation or operation
of the solar farm and dispose of those components in accordance with
applicable law. Said removal shall occur within twelve (12) months
of cessation of operations.
(j)
Distribution lines:
To the extent practical, all new
distribution lines to any building, structure, or utility connection
may be located above ground, but subject to the review and approval
of the City of Paris city engineer and City of Paris public works
director.
(k)
Approved solar components:
Electric solar system components
shall have a UL listing or equivalent.
(l)
Compliance with building code:
All active solar systems
shall meet all requirements of the City of Paris Building Codes, and/or
other building code/regulation requirements as determined by City
of Paris staff.
(m)
Compliance with electric code:
All photovoltaic systems
shall comply with all applicable electric codes/regulations as determined
by City of Paris staff.
(n)
Utility notification:
No grid tied photovoltaic system
shall be installed until evidence has been given to the City of Paris
city engineer and City of Paris director of public works that the
property owner of the solar farm has been approved by the relevant
utility company to install said system.
(o)
As part of the buffering system, a security fence shall surround
the perimeter of the solar farm, and as approved by the City of Paris
staff.
(p)
Reasonable accessibility for emergency vehicles and services shall
be required, and as approved by the City of Paris staff.
(q)
All relevant health and safety requirements of the U.S. Environmental
Protection Agency (EPA) and the Occupational Safety and Health Administration
(OSHA) pertaining to solar farms shall be met, and as said requirements
shall from time to time be modified/amended, and/or updated.
(r)
In addition to the Performance Standards stated within the SUP requirements
in the Paris Zoning Ordinance, solar farm development shall follow
state regulations regarding Performance Standards and shall also be
required to address noxious matter, air pollution, fire hazards, wastes,
particulate matter, toxic matter, combustible matter, and flammable
matter.
(Ordinance 2017-001, sec. 6, adopted 1/9/17)
30-100
REQUIRED LANDSCAPING
30-101
General. In all areas other than single-family and two-family dwellings,
at least fifteen percent (15%) of the gross lot area (excluding rights-of-way)
shall be maintained as landscaped area and shall comply with the following
standards. In manufacturing or industrial zoning districts, at least
ten percent (10%) of gross lot area (excluding rights-of-way) shall
be maintained as landscaped area and comply with the following standards:
1.
All
required perimeter buffers and off-street parking interior landscaping
shall be included in the overall minimum fifteen percent of gross
site landscaping.
2.
Decorative
paving square footage may be included in a required landscape area
square footage if approved by the city engineer or his/her designee
in lieu of the standard city sidewalk specifications.
3.
No
tree may be planted within five feet of any impermeable surface or
area, unless approved by the city engineer, or a greater distance
is required due to tree species.
4.
The existing natural landscape character shall be preserved to the extent reasonable and feasible. In an area of the street frontage containing a stand of trees, the developer shall use good-faith efforts to preserve such trees, consistent with Chapter 32 [Article 9.07], Trees, of the City of Paris Code of Ordinances.
30-102
Perimeter buffer landscape requirements.
1.
Buffer
types.
a.
Right-of-way.
Right-of-way (ROW) buffers shall be provided
along all street frontages except alleys. ROW buffers shall not be
required for individual single-family or duplex dwellings.
b.
Compatibility.
Compatibility buffers shall be provided
between all compatible use types, except the case where single-family
residential subdivisions are adjacent to other single-family residential
subdivisions.
c.
Incompatibility.
Incompatibility buffers shall be provided
between all incompatible use types or incompatible zoning districts.
 |
2.
ROW
buffer.
a.
Width.
The total minimum width of the buffer along streets,
thoroughfares, or other means of vehicular access shall be fifteen
(15) feet.
b.
Planting pattern for perimeter ROW buffer.
One hundred
percent (100%) of the buffer length shall be composed of a continuous
opaque vertical landscape screen. The area of the buffer not planted
with trees and shrubs shall be landscaped with ground cover or turf
grasses.
c.
Clustering.
Canopy trees and ornamental trees may be
clustered in ROW buffers, subject to the following standards:
d.
Easements and appurtenances.
Where the perimeter buffer
overlaps an easement, the property owner shall be responsible for
maintaining the required landscaping, consistent with this ordinance.
3.
Compatibility
buffer.
Compatibility buffers shall serve to provide
a minor transitional buffer between similar land uses. A compatibility
buffer with a minimum width of six (6) feet shall be provided along
all property lines where there is no existing buffer.
4.
Incompatibility
buffer.
An incompatibility buffer shall be required between
all incompatible use types or incompatible tracts in a planned development.
An incompatibility buffer with a minimum width of ten (10) feet shall
consist of a continuous, opaque landscape barrier. The landscape barrier
shall either be a hedge, fence or a wall. Should the building height
difference between adjacent uses be greater than thirty (30) feet
the buffer shall be increased to a minimum of fifteen (15) feet.
5.
Trees
and shrubs.
Trees and shrubs shall be provided in all
perimeter buffers in accordance with the following standards:
6.
Walls
and fences.
If a masonry wall is required within an incompatibility
buffer or otherwise provided as part of the proposed landscaping,
the wall shall adhere to the masonry wall standards provided herein
below.
7.
Area
measurement.
The width of access ways that traverse required
perimeter landscape buffers shall not be included in the calculation
of linear dimension.
8.
Buffer
width reduction.
The required buffer width may be reduced
by fifty percent (50%) where a project is separated from a ROW by
a lake, stream, open space, or combination thereof, with a minimum
width of eighty (80) feet. The city engineer or his/her designee may
reduce the required incompatibility buffer width by fifty percent
(50%) for development tracts adjacent to a lake, stream, or open space
area one hundred (100) feet in width or if the same type of buffer
exists on the adjacent property.
30-200
SCREENING STANDARDS
30-201
General. The placement of natural landscape materials (e.g., trees,
shrubs, and hedges) is the preferred method for buffering differing
land uses, for providing a transition between adjacent properties,
and for screening the view of any parking or storage area, refuse
collection, utility enclosures, or other service area visible from
a public street, alley, or pedestrian area. Plants may be used with
fences or berms to achieve the desired screening or buffering effect.
Plant material should be mature enough at the time of planting to
provide an effective buffer or screen, and should be planted in an
appropriate location to allow for desired growth within a reasonable
period of time. When used to screen an activity area such as a parking
lot, landscaping shall not obstruct the visibility of motorists or
pedestrians or interfere with public safety.
30-202
Screening of service and off-street loading spaces. All service areas
and designated off-street loading spaces on a site shall be screened
from all public and more restrictive, conforming adjacent uses. Screening
shall comply with the following standards:
1.
To
the maximum extent feasible, service and off-street loading areas
shall not be visible from public streets. If a service or loading
area will be visible from a public street, approval of the planning
and zoning commission shall be required as part of a site plan for
a permitted use.
2.
No
service and off-street loading areas shall be located within twenty
(20) feet of any public street, public sidewalk, or internal pedestrian
walkway.
3.
Vehicle
maneuvering areas shall not encroach into required landscaped areas.
4.
Service
and off-street loading areas shall be incorporated into the overall
design of the building and landscaping so that visual and acoustic
impacts are fully contained and out of view from adjacent properties
and public streets.
5.
Service
areas shall be concealed by a method of screening comprised of materials
at least eight (8) feet in height measured from the horizontal plane
passing through the nearest point of the off-street loading space
or service area. Such screening may be provided by using one of the
following methods; however, off-street loading spaces located adjacent
to residentially zoned property or existing residential uses shall
utilize a masonry wall.
a.
Masonry wall standards set forth hereinbelow.
b.
Ornamental metal fence and/or berm in conjunction with solid landscape
screening, per the following standards:
(1)
The ornamental metal fence shall have a minimum height of six (6)
feet.
(2)
The berm shall have a maximum side slope of 4:1 and a minimum crown
width of one and one-half (1-1/2) feet.
(3)
The area shall be designed so that a berm will undulate from its
lowest point to maximum height, not to exceed five (5) feet in height.
30-203
Dumpster and trash compactor screening.
1.
Dumpsters
shall be enclosed on three sides with six (6) foot masonry walls constructed
of the same materials and finishes as the buildings; a solid double
metal gate shall be required on the fourth side, and shall be kept
closed at all times other than for immediate access. The opening shall
not face, or shall be screened from, a public street or access easement.
Approval of the planning and zoning commission shall be required to
use alternative materials, as part of a site plan for a permitted
use.
2.
An
eight (8) foot wall constructed of the same materials and finishes
as the buildings shall be provided around compactors.
3.
Screens
are not required for dumpsters in nonresidential developments when
located in the service area and screened by the buildings, wing wall
or screening wall from public view.
4.
Dumpsters
are required and shall be identified on a site plan for all developments
that require a site plan. The specific screening requirements specified
in this section shall be placed on the site plan.
30-204
Masonry wall standards.
1.
Design
and materials.
A masonry screening wall shall consist
of a reinforced wall of the same materials, color, and texture as
used on the primary structure on the site, having a minimum height
of six feet and a maximum height of eight feet. The wall shall include
masonry details and form varying angles similar to the primary structure.
A graphic detail and schedule of materials shall be shown on the facade
plan. Reinforced concrete footings are required and shall be designed,
and signed by a structural engineer licensed to practice in the State
of Texas.
2.
Engineering
requirements.
Plans and specifications for the wall shall
be submitted with the civil plans and approved by the city engineer.
3.
Installation
of landscaping between wall and alley.
Where a masonry
screening wall erected pursuant to this section abuts an alley, any
required landscaping shall be installed between the nonresidential
use and the screening wall, rather than between the screening wall
and the alley.
4.
Maintenance
easement.
A minimum five-foot (5') wall maintenance easement
shall be required within residential lots that abut the masonry screening
wall.
5.
Conflict
with easements.
If the placement of the wall conflicts
with an easement, the wall shall not encroach upon the easement, unless
otherwise approved by the city engineer.
6.
Public
visibility.
Landscaping shall be required to be planted
along the face of masonry walls that are visible from public parking
or public rights-of-way. Said landscaping shall consist of native
shrubs or plant material evenly distributed along the wall frontage.
Where a masonry wall is adjacent to a public right-of-way, the landscaping
requirements for the ROW buffer shall satisfy the requirements of
this section.
7.
Additional
requirements.
a.
The wall shall be designed so that water will drain under, through,
and away from the wall on all sides. No ponding of water shall be
allowed.
b.
The wall shall be designed with footing or pier and sized to allow
for no more than one inch of movement over eight feet.
c.
Unless otherwise constrained by topography, curvature, and/or location
of infrastructure, where walls are aligned with residential alleys,
the face of the wall or column shall be a minimum of one (1) foot
from the property line.
d.
Masonry wall construction shall be in accordance with city design
specifications.
e.
Slip-form or similar type walls are prohibited.
30-205
Living screen standards. If a living screen is authorized, it shall
consist of a berm and plant materials, alongside a wrought iron fence,
and shall comply with the following standards:
1.
The
berm shall have a maximum side slope of four to one and a minimum
crown width of one and one-half (1-1/2) feet.
2.
The
berm shall undulate from one foot to the maximum height not to exceed
five (5) feet in height.
3.
Large
evergreen-type shrubs shall be used and planted appropriately. In
addition, the plant materials shall:
a.
Be located in a bed that is of a width suitable for the required
plant spacing, but at least five (5) feet wide. The city engineer
or her/his designee may require a wider bed width depending on type,
species and/or growing habit.
b.
Be planted in staggered rows over the entire length of the bed unless
the city engineer or his/her designee approves an alternative planting
density as being capable of providing a solid screen within one year
of planting.
c.
Be a minimum of eight feet in height at time of planting and provide
the required visual barrier.
d.
A wrought iron fence having a minimum height of not less than six
(6) feet or more than eight feet in combination with evergreen plant
material (minimum eight (8) feet in height at time of planting) is
required if a living screen is proposed.
4.
When
large evergreen-type shrubs are planted as part of the living screen,
other shrub requirements contained in this Code shall be waived only
for the particular buffer where the living screen is planted.
(Ordinance 2019-014 adopted 5/25/19)
