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2005-054-ORD AMENDING ZONING ORDINANCE NO 1710 AND CHANGING BOUNDARIES ESTABLISHED BY ZONING MAP OF SAID CITY ON LOT 1 BLOCK A OF PARIS DVS ADD'N BEING 561 CLARKSVILLE ST ORDINANCE NO. 2005-054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO. 13 (HD-13) (DOWNTOWN HISTORIC DISTRICT NO.2) ON PART OF LOT 1, BLOCK A OF THE PARIS CVS ADDITION, BEING 561 CLARKSVILLE STREET, IN THE CITY OF PARIS, TEXAS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AND THE HISTORIC PRESERVATION COMMISSION; PRESERVING THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF THE PROPERTY SO DESIGNATED; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY DISTRICT NO. 13 (HD-13) (DOWNTOWN HISTORIC DISTRICT NO.2) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a request from the Paris Historic Preservation Commission, following notice to the owner and a public hearing thereon, for an amendment to the zoning ordinance of the City of Paris to establish an Historic Overlay District No. 13 (HD- 13) (Downtown Historic District No.2) on part of Lot 1, Block A of the Paris CVS Addition, being 561 Clarksville Street in the City of Paris, Texas; and, WHEREAS, the City Council has subsequently referred said request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council ofthe City of Paris did subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that an Historic Overlay District No. 13 (HD- 13) (Downtown Historic District No.2) be, and the same is hereby, established on part of Lot I, Block A of the Paris CVS Addition, being 561 Clarksville Street in the City of Paris, Texas, as recommended by the Paris Historic Preservation Commission and the Planning and Zoning Commission, so as to include in such Historic Overlay District No. 13 (HD- 13) (Downtown Historic District No.2) the hereinafter described property, while preserving the respective existing use and zoning regulations of the property previously designated thereon, and that the boundaries of said Historic Overlay District No. 13 (HD-13) be, and the same are hereby, established as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being the property known as part of Lot 1, Block A of the Paris CVS Addition, 561 Clarksville Street, Paris, Texas. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No. 1710 and the land use map accompanying the same, and in accordance with the provisions of this ordinance. Section 4. That the following historic preservation standards shall be and are hereby adopted to apply to the aforesaid property included in the Historic Overlay District No. 13 (HD- 13) (Downtown Historic District No.2) designated herein, in accordance with the terms and provisions of Article VII to Chapter 7, Sections 7-15 I through 7-164 of the Code of Ordinances of the City of Paris, the Historic Preservation Ordinance, as amended, and Ordinance No. 1710 as amended, the Zoning Ordinance of the City of Paris, Texas: The City's Design Guidelines for the Downtown Historic District and the Secretary of the Interior's Standards for the Treatment of Historic Properties, incorporated herein by reference for all purposes, as well as the following Standards for Rehabilitation shall apply to the exterior only of all structures located in the designated Historic Overlay District No. 13 (HD-13) (Downtown Historic District No.2), and shall apply to a building's site and environment as well as attached, adjacent, or related new construction. The Paris Historic Preservation Commission shall implement and apply these standards in accordance with the provisions of Article VII to Chapter 7, Section 7- 151 through 7-164 of the Code of Ordinances of the City of Paris, as amended, the Historic Preservation Ordinance, including the denial or issuance of Certificates of Appropriateness as provided in said ordinance. The Standards are to be applied to specific projects in a reasonable manner, taking into consideration economic and technical feasibility: (1) Any new construction of any structure located in the designated Historic Overlay District No. 13 (HD-13) (Downtown Historic District No.2) shall be done in a manner that is consistent with the prevailing architectural design and footprint for the newly created district and the existing adjacent Historic District No. I (HD-I) (Downtown Historic District No. I). (2) To the extent possible, the historic character of the property shall be retained and preserved in the design of all new construction. (3) Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (4) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize adjacent properties shall be incorporated in the new construction. (5) Significant archeological resources shall be perpetuated in the new design. (6) New additions, and new construction shall be compatible with the prevailing architecture for surrounding properties. The new work shall be differentiated from old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its enviromnent. (7) New additions and adjacent or related new construction shall be undertaken in such a manner that the essential form and integrity of the historic property and its enviromnent would be unimpaired. Section 5. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 7. That this ordinance shall become effective November 1,2005. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 10th day of October, 2005. ATTEST: ~"L!) ~~~ ice Ellis, City Clerk APPROVED AS TO FORM: . Schenk, City Attorney