09&10 Ord. - 744 N.W. 3rd St.
ORDINANCE NO.
I D FT
H:\JANICE\tRDWORK\HD-ll\7 43r. t. N.W.
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AN ORDINANCE OF THE CITY COUNCIL OF THE C TY OF P
PARIS, TEXAS, AMENDING ZONING ORDINANCE N . 1710 OF T
CITY OF PARIS, PARIS, TEXAS, AND CHANGING T BOUNDARI S
ESTABLISHED BY THE ZONING MAP OF SAID CITY; DESIGNATI G
THE STRUCTURE ON PROPERTY LOCATED AT 744 3 STREET N. .,
IN THE CITY OF PARIS, TEXAS AS AN mSTORIC ST UCTURE A
ESTABLISHINGANHISTORICOVERLAYDISTRICTN .11 (HD-11) N
THE AFORESAID PROPERTY IN ACCORDANC1 WITH T
RECOMMENDATIONS OF THE PLANNING AND ZONIN COMMISSI N
AND THE mSTORIC PRESERVATION COMMISSION; PRESERVI G
THE RESPECTIVE EXISTING USE AND ZONING DESiGNATIONS F
THE PROPERTY SO DESIGNATED; DESIGNATING TH* BOUNDARI S
OF THE mSTORIC OVERLAY DISTRICT NO. Ii (HD-11) 0
ESTABLISHED; PROVIDING FOR A PENALTY NO TO EXCE D
$2,000.00; REPEALING ALL ORDINANCES OR PARTS 0 ORDINANC S
IN CONFLICT HEREWITH; AND DECLARING AN EFF CTIVE DAT .
WHEREAS, the City Council of the City of Paris, Paris, Texa~, has previousl re eived
a request from the Paris Historic Preservation Commission, following þotice to the 0 ner and a
public hearing thereon, for an amendment to the zoning ordinance of the I City of Paris t des gnate
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the structure on property located at 744 3rd Street N.W., in the Citr of Paris, Te as, as an
Historic Structure and to include said property in a newly created Hist?ric Overlay D stri t No.
11 (HD-ll); and, !
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WHEREAS, the City Council has subsequently referred said reqhest for amend en to the
Planning and Zoning Commission for its review and recommendation i~ accordance wi h th City
zoning ordinance and State law; and, I
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WHEREAS, the Planning and Zoning Commission did conduct a public heari go said
proposed amendment to the City zoning ordinance and, following said hearing, m e rmal
recommendation to the City Council regarding said proposed change; and,
WHEREAS, the City Council of the City of Paris did subsequently conduc a ublic
hearing on the aforesaid proposed amendment to the City zoning ordinance, and having ons dered
the recommendations of the Planning and Zoning Commission and the testimony an ev' ence
introduced at said public hearing, found and determined that approving the afores id oning
change would be consistent with the comprehensive plan of the City of Paris, consiste t w th the
City zoning ordinance, and in the best interests and to the benefit of the public health, fett, and
welfare of the citizens of the City of Paris; NOW, THEREFORE, .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARI ,P 1 RIS,
TEXAS: T
Section 1. That the findings set out in the preamble to this ordinance are he eby in all
things approved.
Section 2. That the boundaries heretofore established by the Zoning Map and rd nance
No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, a d at the
structure on the property located at 744 3rd Street N.W. Street in the City of Paris, Tex s, b , and
the same is hereby designated as an Historic Structure and that an Historic Overlay D stri t No.
11 (HD-11) be, and the same is hereby, established on the aforesaid property, as rec nded
by the Paris Historic Preservation Commission and the Planning and Zoning Commis ion,so as
to include in such Historic Overlay District No. 11 (HD-ll) the hereinafter describe pro erty,
while preserving the respective existing use and zoning regulations of the property rev ously
designated thereon, and that the boundaries of said Historic Overlay District No. 11 ( D-ll) be,
and the same are hereby, established as follows: I
SITUATED within the corporate limits of the City of Paris, County of
Lamar, and State of Texas, being the property known as Lot 2, City BI ck
79, 744 3rd Street N.W., Paris, Texas. i
Section 3. That the Chief Building Official of the City of Paris be, and he s h~rebY,
directed to change the Zoning Map of the City of Paris in accordance with the pro isi~ns of
Ordinance No. 1710 and the land use map accompanying the same, and in accordanc with the
provisions of this ordinance.
Section 4. That the following historic preservation standards shall be and re hereby
adopted to apply to the aforesaid property included in the Historic Overlay District N . 11: (HD-
11) designated herein, in accordance with the terms and provisions of Article VII to hapter 7,
Sections 7-151 through 7-164 of the Code of Ordinances of the City of Paris, th Historic
Preservation Ordinance, as amended, and Ordinance No. 1710 as amended, the Zoning rdinance
of the City of Paris, Texas:
The following Standards for Rehabilitation shall apply to rehabilitation of e
exterior only of all structures located in the designated Historic Overlay Distr ct
No. 11 (HD-ll), and shall apply to a building's site and environment as well as
attached, adjacent, or related new construction.
The Paris Historic Preservation Commission shall implem~nt and apply th se
standards in accordance with the provisions of Article VII to <¡:hapter 7, Section 7-
151 through 7-164 of the Code of Ordinances of the City of Paris, as amended, e
Historic Preservation Ordinance, including the denial or issuance of Certificates of
Appropriateness as provided in said ordinance. The Standards are to be applied to
specific rehabilitation projects in a reasonable manner, taking into considerati n
economic and technical feasibility:
(1) Any rehabilitation of the exterior of any structure located in the designa ed '
Historic Overlay District No. 11 (HD-ll) shall be done in a manner that requi es
minimal change to the defining characteristics of the builcJing and its site d
environment.
(2) The historic character of a property shall be retained and preserved. he
removal of historic materials or alteration of features and spaces that character ze
a property shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place, nd
use. Changes that create a false sense of historical development, such as add ng
conjectural features or architectural elements from other buildings, shall not be
undertaken.
(4) Most properties change over time; those changes that have acquired histo ic
significance in their own right shall be retained and preserved.
(5) Distinctive features, finishes, and construction techniques or examples of
craftsmanship that characterize a property shall be preserved.
(6) Deteriorated historic features shall be repaired rather than replaced. Wh re
the severity of deterioration requires replacement of a distinctive feature, the n w
feature shall match the old in design, color, texture, and other visual qualities d,
where possible, materials. Replacement of missing features shall be substantia ed
by documentary, physical, or pictorial evidence.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of structures, if
appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archeological resources affected by a project shall be protected d
preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
(9) New additions, exterior alterations, or related new cQnstruction shall ot
destroy historic materials that characterize the property. The new work shall e
differentiated from the old and shall be compatible with the massing, size, sea e,
and architectural features to protect the historic integrity of. the property and its
environment.
(10) New additions and adjacent or related new construction shall be underta n
in such a manner that if removed in the future, the essential form and integrity of
the historic property and its environment would be unimpaired.
Section 5. That any person violating any of the provisions of this ordinance sha I be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum riot to exceed $2,0 .00, and
each and every day's continuance of any violation of the above-enumerated sec' ons shall
constitute and be deemed a separate offense.
Section 6. That all ordinances or parts of ordinances in conflict herewith re hereby
expressly repealed.
Section 7. That this ordinance shall become effective October 1, 2004.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular ession on
this the 9th day of September, 2004.
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 17 0
STATE OF TEXAS
COUNTY OF LAMAR
§
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BEFORE ME, the undersigned authority, on this day personally appeared Lisa
ri ht, who
upon oath deposes and says:
"I am Lisa Wriqht and my address is 150 1 st Street S.E. Paris Texas 75 62 and my
phone number is (903) 784-9203 and I have a proprietary interest in property locate within the
corporate limits of the City of Paris being described as follows:
Lot 2, City Block 79
744 3rd Street N.W.
Historic District No. 11
"My interest in the above described property is Director of Communit
Preservation Officer. on behalf of the Historic Preservation Commission, and I do reque t a change
in zoning to include a Historic Overlav District (Hm.
"In support of said request I make the following answers to questions 1-4:
1. Will the re-zoning be in accordance with the original comprehensive zoning cheme, as
represented by the pre-established zoning ordinance and the long range master plan and ap that has
been adopted by the zoning ordinance?
YES
2. Will the re-zoned designation be compatible with the classification and use of adj
so as to avoid adverse impact on neighbors?
YES
3. Is the tract unsuitable for uses permitted under the present zoning classificatio : therefore
justifying a change in zoning?
NO
4. Does the re-zoning bear a substantial relationship to the public health, safet , morals or
general welfare or protect and preserve historical and cultural places and areas or meet a substantial
public need? YES
FILED:
5. HAS A COpy OF THE LAND DEED BEEN SUBMI
of August,
2004.
.IAN"", \>, WORTHAM
NOTARY PUBLIC
STATE OF TEXAS
My Comml5s!on Expires 05-12. 005
Mattie Cunningham, City Clerk
Hi~toric Overlay District No. 11
744 3rd Street NW -
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