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,
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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)"
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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
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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.
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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
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APPROVED AS TO FORM:
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