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2021-013 - Amending Zoning Ordinance No. 1710 Section 16-102 to Enlarge the Time for Appeal to the Board of Adjustment to Twenty DaysORDINANCE NO. 2021-013 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 16-102 TO ENLARGE THE TIME FOR APPEAL TO THE BOARD OF ADJUSTMENT FROM FIFTEEN (15) DAYS TO TWENTY (20) DAYS IN ACCORDANCE WITH A RECENT CHANGE IN STATE LAW; 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(April 12, 1965) during 1971 through 1987 and 2012 and in 2016-2019; and WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not, in certain instances, reflect current and appropriate American zoning practice; and WHEREAS, the City of Paris staff and officials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, Section 16-102 of Zoning Ordinance 1710 provides that an appeal to the Board of Adjustment from a decision of city staff must be brought within fifteen (15) days; and WHEREAS, the Texas Legislature recently amended state law to enlarge the time period to appeal a decision of city staff to the Board of Adjustment from fifteen (15) days to twenty (20) days; and WHEREAS, the City Council believes it is in the best interest of the citizens of the city to update Section 16-102 to be consistent with state law; and WHEREAS, on May 3, 2021, 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 1 City Council of the City of Paris conducted a public hearing on the proposed amendments to 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 5 ayes and 0 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. 16-102 shall be amended to read in its entirety as follows: "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." 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 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 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 2 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 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. t.,t. 6ilSdfflrf®,® ATTEST: ry, �1 t4 ),nice Ellis, City Clerk APOVED AS TO FORM: Stephanie H. Harris, City Attorney Paula Portugal, Mayor �``