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2003-019-ORD AMENDING ORDINANCE NO 1710 TO AMEND SUBSECTION 3-100 OF SECTION 3 ENTITLED "ZONING DISTRICTS ESTABLISHED" ORDINANCE NO. 2003-019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO AMEND SUBSECTION 3-100 OF SECTION 3, ENTITLED "ZONING DISTRICTS ESTABLISHED," TO EXPAND THE NUMBER OF DESIGNATED ZONING DISTRICTS TO INCLUDE A HISTORIC DISTRICT (HD) DESIGNATION; AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO ADD A NEW SUBSECTION 3-101 TO ESTABLISH OVERLAY DISTRICTS; AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO AMEND SUBSECTIONS 8-101, 8-102, 8-103, 8-104, 8-105, 8-106, 8-107, AND 8-108 OF SECTION 8, ENTITLED "USE OF LAND AND BUILDINGS," TO INCORPORATE HISTORIC DISTRICTS AS DESIGNATED DISTRICTS; AMENDING SECTION 8 OF ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, ENTITLED "USE OF LAND AND BUILDINGS," TO ADD A NEW SUBSECTION 8-400, ENTITLED "HISTORIC DISTRICTS"; AND AMENDING ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO ADD SUBSECTION 8-401, DESIGNATING HISTORIC DISTRICTS AS OVERLAY DISTRICTS, AND SUBSECTION 8- 402, PROVIDING REGULATIONS APPLICABLE TO HISTORIC DISTRICTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SAVINGS CLAUSE, PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 17,2002, the City Council of the City of Paris, Paris, Texas, adopted Ordinance No. 2002-033, which among other things added a new Article VII to Chapter 7, Sections 7 -151 through 7-164, to the Code of Ordinances of the City of Paris entitled "Historic Preservation"; and, WHEREAS, the aforesaid Article VII to Chapter 7 of the Code of Ordinances, known as the "Paris Historic Preservation Ordinance," created the Paris Historic Preservation Commission and established a regulatory scheme to preserve, protect, and maintain the historical structures and historical heritage of the city of Paris; and, WHEREAS, as part of said regulatory scheme, said Article VII of Chapter 7 of the Code of Ordinances authorizes the creation and designation of areas within the city of Paris as Historic Districts (HD); and, WHEREAS, in order to fully implement the Historic Preservation Ordinance, the Zoning Ordinance of the City of Paris, Ordinance No. 1710, must be amended to provide for the establishment of Historic Districts (HD) as overlay districts within the regulatory scheme of the Zoning Ordinance of the City of Paris; and, Page I of 6 WHEREAS, the City Council of the City of Paris, Paris, Texas, desires to amend the aforesaid Zoning Ordinance to create overlay districts and designate Historic Districts as authorized zoning districts within 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 Subsection 3-100 of Section 3, Zoning Districts Established, of Ordinance No. 1710, the Zoning Ordinance ofthe City of Paris, is hereby amended to expand the number of designated zoning districts to include a Historic District (HD) designation, said amended Subsection 3-100 to read as follows: "Section 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 SF-l SF-2 SF-3 2F MF-l MF-2 P o NS GR CA C LI HI PD PLI ESS HD Agricultural District One-Family Dwelling District One-Family Dwelling District One-Family Dwelling District Two-Family Dwelling District Multiple-Family Dwelling District-l Multiple-Family Dwelling District-2 Parking District Office District Neighborhood Service District General Retail District Central Area District Commercial District Light Industrial District Heavy Industrial District Planned Development District Public Lands and Institution District Expressway Service Station District Historic District (Overlay District)" Page 2 of 6 Section 3. That Section 3, Zoning Districts Established, of Ordinance No. 1710, the Zoning Ordinance of the City of Paris, Paris, Texas, is hereby amended to add a new Subsection 3-101 thereto to establish Overlay Districts, said Subsection 3-101 to read as follows: "Section 3. Zoning Districts Established 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. " Section 4. That Section 8, Use of Land and Buildings, of Ordinance No. 1710, the Zoning Ordinance of the City of Paris, at Subsection 8-101, Primary Residential Uses; Subsection 8-102, Special Uses; Subsection 8-103, Utility and Service Uses; Subsection 8-104, Accessory and Incidental Uses; Subsection 8-105, Automobile Type Uses; Subsection 8-106, Retail and Service Type Uses; Subsection 8-107, Commercial and Service Uses; and Subsection 8-108, Industrial Uses, shall be and is hereby amended to incorporate Historic Districts (HD) as designated districts for all such uses, accompanied by the notation "As Permitted in Designated Zoning District Classifications. " Section 5. That Section 8, Use of Land and Buildings, of Ordinance No. 1710, the Zoning Ordinance of the City of Paris, shall be and is hereby amended to add a new Subsection 8-400 thereto, entitled Historic Districts, and adding thereto a new Subsection 8-40 I designating Historic Districts as Overlay Districts and a new Subsection 8-402 providing regulations applicable to Historic Districts, said new Subsections 8-400, 8-401, and 8-402 to read as follows: "Section 8. Use of Land and Buildings Page 3 of 6 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 Chapter 7, Article VII 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: a. 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 Chapter 7, Article VII 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. b. No permit for construction shall be issued in a Historic District without the applicant for said permit having first complied with the requirements of Chapter 7, Article VII 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. c. Prior to commencement of any work, the owner of any property located in a Historic District shall comply with the requirements of Chapter 7, Article VII 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. d. When a person seeking to undertake any project as described in paragraph A of this subsection has complied with the requirements of Chapter 7, Article VII 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. Page 4 of 6 e. 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 & 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: 1. If the proposed designation is approved, the effective date of the ordinance implementing the change; 2. If the proposed designation is denied, the day after the City Council makes its final decision regarding the designation; or 3. The ninetieth (90th) day after the filing date of a written request for hardship, if any, made in accordance with Section 7 -161 of Chapter 7, Article VII, of the Code of Ordinances of the City of Paris, Texas (the Historic Preservation Ordinance). " Section 6. If any section, paragraph, subdivision, clause, phrase, sentence, or other provisions 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 provision thereof other than the part so decided to be invalid or unconstitutional. Section 7. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 8. That this ordinance shall become effective on June 1,2003, following passage and publication as required by law. PASSED AND APPROVED this 8th day of May, 2003. ATTEST: , Mayor Mattie Cunningham, City Clerk Page 5 of 6 APPROVED AS TO FORM: Page 6 of 6