Exhibit 9B Zoning Ordinance

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 Enacting Clause.

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 Purpose.

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 Zoning Districts Established.

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 Zoning District Map.

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:

One copy shall be filed with the City Clerk and retained as the original record and shall not be changed in any manner.

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.

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 Zoning District Boundaries.

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 Temporary Zoning–Annexed Territory.

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:

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.

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.

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 Compliance Required.

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 Use of Land and Buildings.

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
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
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
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
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	P	O	NS	GR	C	CA	LI	HI	PD	ESS
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
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
Shooting Range–Indoor	S												S		P	P		S
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
Asphalt Paving Batching Plant	†	†	†	†	†	†	†	†	†	†	†	†	†	†	S	P
Concrete Batching Plant	†	†	†	†	†	†	†	†	†	†	†	†	†	†	S	P
Concrete Products Manufacture																P	P
Head Shops															S	S
Light Manufacturing Processes															P	P	P
Loading, Unloading or Transloading of Crude Oil																S
Recycling Processing Facility															S	S
Recycling Transfer Station															S	S
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

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:

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.

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.

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.

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.

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.

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.

Auto Fuel Sales -

The sale of automotive fuels only by self-service establishments or as an accessory and incidental use to a primary use.

Automated Teller Machine (ATM) -

An automated device that performs banking or financial functions at a location remote from the controlling financial institution.

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.

Bakery, Retail -

A place for preparing, baking and selling all products on the premises where prepared.

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.

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 Processing Facility -

A building or enclosed space for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, shredding, mechanical sorting, cleaning, and re-manufacturing. Processing facilities include light processing facilities and heavy processing facilities.

68.

Recycling Transfer Station -

A facility that receives recyclable materials, typically from small collection facilities and commercial vehicles for the purpose of storing, handling, batching and baling, or sorting prior to transferring to another facility. Such a facility may be involved with recycling-related collection activities not allowed at small collection facilities.

69.

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.

70.

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.

71.

Residence Home for Aged -

A home where elderly people are provided with lodging and meals with or without nursing care.

72.

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.

73.

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.

74.

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.

75.

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.

76.

Shooting Range–Indoor -

A structure specifically designed for the safe discharge and use of rifles, shotguns, pistols, archer devices, and other types of firearms for the purpose of sport shooting, target practice, competitions, firearms education, or military or law enforcement training, entirely enclosed within a building. The term may include, as an accessory use, the sales of handguns and other firearms, ammunition, sport shooting and hunting supplies. A facility falling under this definition must follow all state and federal laws.

77.

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.

78.

Sign, Business -

A panel, display or device which advertises or promotes commodities or services offered on the premises where such signs are located.

79.

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.

80.

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.

81.

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.

82.

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).

83.

Storefront Church -

A store or similar structure not typically used for religious activities that is used as a meeting place for a religious congregation.

84.

Substance Abuse Treatment Facility -

A facility for the purposes of temporary or long-term inpatient treatment of victims of drug use or addiction.

85.

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.

86.

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.

87.

Telephone Line and Exchange,

but not including public business facilities, storage or repair facilities.

88.

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.

89.

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.

90.

Veterinary Clinic–Small Animals -

91.

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.

92.

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.

93.

Youth Hostel -

A place where travelers may stay for a limited duration, as recognized by the International Hostel Association.

94.

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.

95.

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.

96.

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.

97.

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.

98.

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:

Woodworking and planing mill with dust and noise control.

Textile manufacture with dust and odor control.

Ceramic and pottery manufacture with dust, odor and fume control.

Plastic products manufacture with dust and fume control.

Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process.

Grain processing with hoods, dust and odor controls.

Electroplating or battery making with acid, fume and odor controls.

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.

99.

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.

Cement, lime, gypsum or plaster of paris manufacture.

Cotton gin or compress.

Petroleum and petroleum products refining and manufacture.

Petroleum tank farm.

Petrochemical plant.

Wrecking yard or salvage yard.

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.

100.

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.

101.

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.

102.

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.

103.

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:

Commercial center.

Residential development of multiple or mixed housing.

Industrial parks or districts.

Medical center and hospital.

Civic center and community center.

Office centers.

Service centers.

Recreation centers.

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.

In order to be approved, a proposed PD zoning district must meet the following requirements:
1.	Any proposed modifications will substantially meet the intent of the zoning and subdivision ordinances and the comprehensive plan.
2.	Any proposed modification will provide for better overall project design than straight zoning.
3.	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.
4.	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.
5.	Financial reasons shall not be the sole reason for modification of standards.
6.	A planned development district must be a minimum of ten (10) developable acres in size.
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.
A preliminary plan shall include:
a)	A metes and bounds description of the entire PD development tract.
b)	A drawing locating floodplain areas, water bodies, creeks, drainage areas, and significant natural features such as major tree groupings and important view corridors.
c)	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.
d)	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.
e)	Location of all major access points, thoroughfares, and collectors within the development.
f)	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.
g)	Indication of each phase of development if the proposed PD is to be implemented in separate phases.
h)	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.
i)	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.
j)	Estimates of traffic volumes and turning movements. k) Signature of the applicant’s engineer and planner.
l)	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.
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.

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:

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.

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.

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.

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.

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:

If the proposed designation is approved, the effective date of the ordinance implementing the change;

If the proposed designation is denied, the day after the City Council makes its final decision regarding the designation; or

The ninetieth (90th) day after the filing date of a written request for hardship, if any, made in accordance with Section 9.05.012, of the Code of Ordinances of the City of Paris, Texas (the Historic Preservation Ordinance).

8-500

HOME OCCUPATIONS

8-501

A home occupation, as defined in Section 8-201(46), 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.

Home occupations which are conducted as limited by Section 8-502 below and which have the general character of the following uses are permitted:

Artist, photographer, sculptor.

Author, composer, editor, translator, writer.

Contractor or service business; provided that all requirements of this section are met as well as the following additional requirements:

Not more than one (1) commercial vehicle shall be parked on the property.

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.

Dressmaker, seamstress, and tailor.

Home crafts such as lapidary work, macrame, model making, and weaving.

Office of an ordained minister of religion.

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.

Office of a salesman, sales representative, or manufacturer’s representative.

Repair services, such as musical instruments, watches and clocks, small household appliances, and toys or models.

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 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).

Not more than one (1) commercial vehicle shall be parked on the property.

The applicant shall be in compliance with the Lamar County Health Department regulations and applicable city building and fire department regulations.

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.

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:

Amusement or dance parlor.

Antique shop.

Barber shop or beauty salon.

Funeral home or chapel.

Gift shop.

Kennel or other boarding of animals.

Medical or dental clinic, hospital, nursing home.

Office of a health care provider when special mechanical equipment is required.

Motor vehicle repair or sales.

Day care center or nursery school.

Tattoo parlor.

Fortune teller, palm reader, or similar services.

Repair or testing of internal combustion engines.

Restaurant or tearoom.

Tourist home, boarding house, rooming house.

Veterinary clinic or animal hospital.

8-502

All home occupations shall meet the following criteria and standards:

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.

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.

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.

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.

No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted material or other Performance Standards elements shall be stored on-site.

No mechanical equipment other than that ordinarily utilized within a dwelling unit for household or hobby purposes shall be permissible.

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.

No home occupation shall require external alteration of the residence or other visible evidence of the conduct of such home occupation.

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:

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;

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; Ordinance 2024-042 adopted 10/28/2024)

§ 9 Area Regulations.

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:

(1)

Schedule minimum front yards–Residential districts

	A	SF-1	SF-2	SF-3	2F	MF-1	MF-2	PD
Minimum Front Yard in Feet Except As Hereinafter Provided	35	35	25	25	25	25	20 Section 9-502(6)	Section 9-502(7)

(2)

Schedule minimum front yards–Nonresidential districts

	P	O	NS	GR	C	CA	LI	HI	PLI	ESS
Minimum Front Yard in Feet Except As Hereinafter Provided	25	20	20	20 Section 9-502(8)	None Section 9-502 (8)(9)	None Section 9-502 (8)(9)	None Section 9-502 (8)(9)	None Section 9-502 (8)(9)	None Section 9-502 (9)(10)	None Section 9-502(8)

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 Off-Street Parking and Loading Regulations.

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 Height Regulations.

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 Specific Use Permits.

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(98)(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.

Editor’s note–Ordinance 2019-017, sec. 8, amended section 12-100 by adding subsections (57)–(59). As adopted by Ordinance 2019-013, section 12-100 already contained a subsection (57). The subsections added by Ordinance 2019-017 have been designated as subsections (58)–(60).

Ordinance 2020-057, sec. 3, amended section 12-100 by adding subsection (57). Section 12-100 already contained a subsection (57). The subsection added by Ordinance 2020-057 has been designated as subsection (61).

Ordinance 2020-061, sec. 3, amended section 12-100 by adding subsection (58). Section 12-100 already contained a subsection (58). The subsection added by Ordinance 2020-061 has been designated as subsection (62).

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.

12-104

Where a building permit is applied for in conjunction with a public dance hall as provided for in Section 8-107 [sic] of this ordinance, no permit shall be issued if the building is within three hundred (300) feet of an existing package store or wine and beer retail sales store.

(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 Accessory Building Regulations.

13-100

DEFINITION AND USE REGULATION

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.

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.

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

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.

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.

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)

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

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.

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.

Accessory Residential Dwelling Unit (accessory dwelling) Regulations.

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.

An accessory dwelling may not be located on a lot of less than fifteen thousand (15,000) square feet in area.

An accessory dwelling shall be located a minimum of fifteen (15) feet from the primary dwelling.

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.

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.

A site plan drawn to scale shall be submitted to city staff as part of said permitting process and shall include:

Exterior dimensions of said accessory dwelling.

Interior dimensions of all living areas within said accessory dwelling.

Other relevant physical requirements of this ordinance that can be graphically portrayed.

Pedestrian access of said accessory dwelling to the primary residential structure shall be illustrated on the required site plan.

Only one (1) accessory dwelling shall be permitted on any individual zoning lot within any district whereon an accessory dwelling is permitted.

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.

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.

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.

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.

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 Special Area and Use Regulations.

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:

The storage unit is located wholly behind the main building.

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.

The location of the unit meets all setbacks required by city ordinance.

The location of the unit does not obstruct the proper flow of stormwater.

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 Nonconforming Uses and Structures.

15-100

A nonconforming status shall exist under the following provisions of this ordinance:

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.

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.

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:

The use is permitted in the zoning district;

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.

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;

The lot was created compliant with the official controls in effect at that time;

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;

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;

A building permit(s) is/are obtained from the City.

(Ordinance 2022-009, sec. 5, adopted 2/28/22)

§ 16 Board of Adjustment.

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.

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.

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.

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:

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.

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.

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 Creation of Building Site.

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:

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.

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.

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 Platting Property Not Permanently Zoned.

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 Certificate of Occupancy and Compliance.

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 Completion of Building Under Construction.

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 Amendments.

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 General Definitions.

22-100

Certain words in this ordinance not heretofore defined are defined as follows; further, other words or uses may be defined herein that are not currently stated in this ordinance, but which may under the regulations of this ordinance, from time to time be allowed within the City of Paris.

Words used in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word “building” includes the word “structure”; the word “lot” includes the words “plot” or “tract”; the word “shall” is mandatory and not discretionary.

(1)

Accessory 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.

(69)

Manufactured Home Park -

A manufactured home park conforming to Article III, within Chapter 22 [Article 4.08] in the City Code of Ordinances, “Manufactured Home Parks,” where multiple manufactured homes are placed on a single lot approved under the City’s subdivision regulations.

(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 Penalty for Violations.

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 Preserving Rights in Pending Litigation and Violations Under Existing Ordinances.

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 Validity.

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 [Conflicting Ordinances].

26-100

That all ordinances or parts of ordinances in conflict herewith are hereby repealed.

§ 27 [Effective Date].

27-100

This ordinance shall become effective immediately upon its passage and the publication of the caption hereof.

§ 28 Regulation of Wireless Telecommunications Towers and Facilities.

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.

(c)

Preexisting WCF and Support Structures.

Preexisting WCF or support structures shall not be required to meet the requirements of this ordinance other than the requirements of Section 28-110 and 28-111.

(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.

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).

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).

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;

(e)

A description of compliance with Sections 28-106 and 28-107 and all applicable federal, state, or local laws;

(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 Required Components Regarding Solar Farm Specific Use Permits (SUP).

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 Buffering Regulations.

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:

All required perimeter buffers and off-street parking interior landscaping shall be included in the overall minimum fifteen percent of gross site landscaping.

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.

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.

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.

Buffer types.

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.

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.

Incompatibility.

Incompatibility buffers shall be provided between all incompatible use types or incompatible zoning districts.

ROW buffer.

Width.

The total minimum width of the buffer along streets, thoroughfares, or other means of vehicular access shall be fifteen (15) feet.

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.

Clustering.

Canopy trees and ornamental trees may be clustered in ROW buffers, subject to the following standards:

(1)

Clusters shall be spaced no more than fifty (50) feet on center.

(2)

Clusters shall consist of trees of varied height, which when averaged, equal the minimum tree height requirements.

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.

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.

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.

Trees and shrubs.

Trees and shrubs shall be provided in all perimeter buffers in accordance with the following standards:

Trees.

(1)

ROW buffers.

One canopy tree per 35 lineal feet of frontage.

(2)

Compatibility buffers.

One tree per 50 lineal feet along property line.

(3)

Incompatibility buffer.

One canopy tree per 35 lineal feet along property line.

Shrubs.

(1)

ROW buffers.

Ten evergreen shrubs per 30 lineal feet.

(2)

Compatibility buffers.

Ten evergreen shrubs per 30 lineal feet.

(3)

Incompatibility buffers.

Ten evergreen shrubs per 30 lineal feet.

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.

Area measurement.

The width of access ways that traverse required perimeter landscape buffers shall not be included in the calculation of linear dimension.

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:

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.

No service and off-street loading areas shall be located within twenty (20) feet of any public street, public sidewalk, or internal pedestrian walkway.

Vehicle maneuvering areas shall not encroach into required landscaped areas.

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.

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.

Masonry wall standards set forth hereinbelow.

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.

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.

An eight (8) foot wall constructed of the same materials and finishes as the buildings shall be provided around compactors.

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.

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.

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.

Engineering requirements.

Plans and specifications for the wall shall be submitted with the civil plans and approved by the city engineer.

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.

Maintenance easement.

A minimum five-foot (5') wall maintenance easement shall be required within residential lots that abut the masonry screening wall.

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.

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.

Additional requirements.

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.

The wall shall be designed with footing or pier and sized to allow for no more than one inch of movement over eight feet.

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.

Masonry wall construction shall be in accordance with city design specifications.

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:

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.

The berm shall undulate from one foot to the maximum height not to exceed five (5) feet in height.

Large evergreen-type shrubs shall be used and planted appropriately. In addition, the plant materials shall:

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.

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.

Be a minimum of eight feet in height at time of planting and provide the required visual barrier.

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.

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)