2001-054-ORD APPROVING/ADOPTING COMPREHENSIVE ZONING AND LAND USE PLAN FOR COP
ORDINANCE NO. 2001-054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND ADOPTING A COMPREHENSIVE
ZONING AND LAND USE PLAN FOR THE CITY OF PARIS; REPEALING
ALL PRIOR COMPREHENSIVE PLANS IN CONFLICT THEREWITH;
PROVIDING A SEVERABILITY CLAUSE; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 211.004 of the Local Government Code requires that all zoning
regulations must be adopted in accordance with a comprehensive plan and must be designed to
lessen congestion in the streets; secll!:'.e safety from fire, panic, and other dangers; promote health
and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid
undue concentration of population; or facilitate the adequate provision of transportation, water,
sewers, schools, parks, and other public requirements; and,
WHEREAS, the City of Paris has previously retained the respected firm of Bucher, Willis
& Ratliff Corporation, acknowledged experts in the area of preparation of comprehensive zoning
plans, to prepare a new comprehensive plan for the City of Paris; and,
WHEREAS, Chapter 219 of the Local Government Code empowers municipalities for the
purpose of promoting sound development and promoting public health, safety, and welfare to
adopt a comprehensive plan for the long range development of said municipalities; and,
WHEREAS, Chapter 219 of the Local Government Code empowers a municipality to
define the content and design of a comprehensive plan; and,
WHEREAS, Chapter 219 of the Local Government Code provides that a comprehensive
plan may:
1. include but is not limited to provisions on land use, transportation, and public
facilities;
2. consist of a single plan or a coordinated set of plans organized by subject and
geographic areas; and
3. be used to coordinate and guide the establishment of development regulations; and,
WHEREAS, Chapter 219 of the Local Government Code further provides that a
municipality may define, by ordinance, the relationship between a comprehensive plan and
development regulations and may provide standards for determining the consistency required
between a plan and development regulations; and,
WHEREAS, in accordance with Section 219.003 of the Local Government Code, the City
of Paris, by and through its Planning & Zoning Commission, conducted nwnerous hearings at
which the public was given the opportunity to give testimony and present written evidence with
regard to the Draft Comprehensive Plan prepared and presented by Bucher, Willis & Ratliff
Corporation; and,
WHEREAS, following said numerous public hearings, the Planning & Zoning
Commission conducted additional public meetings whereby various provisions of the proposed
Comprehensive Plan were carefully scrutinized and extensively deliberated; and,
WHEREAS, following the process of public hearings and extensive deliberation by the
Planning & Zoning Commission, the Commission forwarded said Draft Comprehensive Plan to
the City Council with its recommendations for approval thereof, and,
WHEREAS, the City Council has subsequently, in public meetings, duly posted, fully
discussed and deliberated the proposed Comprehensive Plan as presented by the consultants
Bucher, Willis & Ratliff; and,
WHEREAS, the adoption of the proposed Comprehensive Plan shall not, in accordance
with Section 219.004 of the Local Government Code, limit the ability of the City of Paris to
prepare other plans, policies, or strategies related to land use and land use planning as required;
and,
WHEREAS, the City Council desires to adopt the aforesaid Draft Comprehensive Plan
as the new Comprehensive Zoning and Land Use Plan for 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 Comprehensive Plan, as the same was prepared by the consulting firm
of Bucher, Willis & Ratliff Corporation, and as the same was presented to the City of Paris
Planning & Zoning Commission, and considered at nwnerous public hearings conducted by said
Commission, in which the general public was encouraged to give testimony and present written
evidence regarding same, which said plan, following further deliberation by the Planning &
Zoning Commission, was forwarded to the City Council for consideration along with
recommendations for approval made by the Planning & Zoning Commission, and which said plan
was further reviewed and revised by the City Council following further public input and hearing
in conjunction with the aforesaid consultant, is found to be acceptable to the City Council as the
same is attached hereto and for all purposes incorporated herein as Exhibit A, and is hereby in all
things approved as the Comprehensive Zoning and Land Use Plan of the City of Paris.
Section 3. That approval of the aforesaid Comprehensive Zoning and Land Use Plan as
set out herein shall include approval of all maps, exhibits, appendices, text, and other materials
associated therewith.
Section 4, That approval of said plan is not intended to nor shall it constitute zoning
regulations or the establishment of zoning district boundaries, and that any and all maps included
in said comprehensive plan, if the same are not already so designated, shall be and are hereafter
considered as being marked with the following language:
"A comprehensive plan shall not constitute zoning regulations or establish zoning
district boundaries, "
as the inclusion of said language is required by Section 219.005 of the Local Government Code.
Section 5. That all ordinances or portions of ordinances adopting prior plans which are
in conflict with this ordinance or the Comprehensive Zoning and Land Use Plan adopted herein
shall be and are hereafter repealed to the extent of such conflict.
Section 6. That if any chapter, section, paragraph, sentence, or other portion of the
aforesaid Comprehensive Zoning and Land Use Plan adopted herein shall be or is hereafter
determined by a court of appropriate jurisdiction to in any way conflict with or be contrary to the
constitution and laws of the United States or the State of Texas, the aforesaid finding of illegality
shall render unenforceable only that portion of said plan so determined to be unlawful, it being the
intention of the City Council that the terms and provisions of said Comprehensive Zoning and
Land Use Plan adopted herein shall be and are hereby severable, and the remaining terms and
provisions of said Comprehensive Zoning and Land Use Plan not affected by said determination
of illegality shall remain in full force and affect.
Section 7, That this ordinance and the Comprehensive Zoning and Land Use Plan adopted
thereby shall be effective beginning October I, 2001.
PASSED AND ADOPTED this 6th day of September, 2001.
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~aYor
ATTEST:
Mattie Cunningham, City Clerk