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2021-012 - Amending Zoning Ordinance No. 1710 Section 21-106 to provide for a fee of $100.00 for an Appeal to the Board of AdjustmentORDINANCE N0. 2021-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES, ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, TO AMEND SECTION 21-106 TO PROVIDE FOR A FEE OF $100.00 FOR AN APPEAL TO THE BOARD OF ADJUSTMENT; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957, and 1965; and WHEREAS, additional amendments were added to Zoning Ordinance No. 1710 (April 12, 1965) during 1971 through 1987 and 2012 and in 2016-2019; and WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not, in certain instances, reflect current and appropriate American zoning practice; and WHEREAS, the City of Paris staff and officials desire to partially update and amend portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and development of the City of Paris, Texas; and WHEREAS, the City Council recently updated the city's fee schedule, including an increase in the fee required for an appeal to the Board of Adjustment from $50.00 to $100.00; and WHEREAS, in an oversight, Section 21-106 of Zoning Ordinance 1710 was not amended to provide for the increase in the fee from $50.00 to $100.00; and WHEREAS, the City Council believes it is in the best interest of the citizens of the city to adopt amend Section 21-106 so that is consistent with the fee schedule as adopted elsewhere in the Code of Ordinances; and WHEREAS, on May 3, 2 02 1, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments to the City Zoning Ordinance, and following said hearing, made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, on May 24, 2021, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments to 1 the City Zoning Ordinance and the City Code of Ordinances, and having considered the recommendation of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid amendments would be consistent with the City Zoning Ordinance and the City Code of Ordinances, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of 9 ayes and o nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That City of Paris Zoning Ordinance No. 1710 Sec. 21-106 shall be amended to read in its entirety as follows: "The following fees shall be required of all applicants seeking action under this ordinance: "Appeal to the Board of Adjustment $100.00 "Zoning Change Request $200.00 "Specific Use Permit $200.00 "Planned Development Site Plan Approval $200.00" Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section S. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. F, Section 6. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. This ordinance shall become effective on from and after its passage and publication as required by law. PASSED AND ADOPTED this 24th of May, 2021 by the City Council of the City of Paris, Texas in regular session following notice and publication as required by law. tee.es i i6111111/li/®®® / CITYO,c , ,A 1 _ Paula Portugal M , ATTEST: _ 3O an�M J") Ellis,ity Clerk APPROVED AS TO FORM: 0 Stephanie H. Harris, City Attorney 3