02 Historic Preservation OrdAGENDA INFORMATION SHEET
PROJECT: Consider an ordinance redesignating Articles IV and V of Chapter 7 of the Code of
Ordinances as Articles V and VI, respectively; repealing Article VI of Chapter 2 of the Code of
Ordinances regarding the Historic Landmark Preservation Committee; adopting a new Article VII
to Chapter 7 of the Code of Ordinances to establish the Paris Historic Preservation Commission;
providing for designated landmarks and historic districts; providing for certificates of appropriateness;
and regulating the issuance of demolition permits for structures within historic districts.
BACKGROUND: Recently the City Council considered and approved amendments to Chapter 7
of the Code of Ordinances to add a new Article III and IV thereto dealing with hazardous buildings.
The ordinance finally adopted by City Council included a Section 7-50 dealing with preservation of
substandard buildings; Section 7-50 will be effective only at such time as the City of Paris becomes
designated a certified local government by the Texas State Historical Office. To accommodate the
new substandard building ordinance provisions, current Articles IV and V of Chapter 7 need to be
redesignated. In addition, to qualify the City as a certified local government, the City must adopt a
new historic preservation ordinance and repeal the existing ordinance creating the Historic Landmark
Preservation Committee. This new ordinance would be designated as Article VII to Chapter 7 of the
Code of Ordinances. A group of citizens has volunteered to participate in the process of seeking
certification for the City, and has proposed an ordinance for adoption.
DESCRIPTION: The enclosed ordinance for consideration by City Council includes certain changes
recommended by the Legal Department. Most of these changes are formatting changes to make the
ordinance consistent with other City Codes. Very few changes are substantive. These include
omission of the Legal Department as an ex-officio member (no such designation is necessary under
the City Charter, and in fact such designation may be conflicting with the proper role of the City
Attorney); matters approved by the Historic Preservation Commission are clarified as being subject
to subsequent approval by City Council; and certain provisions are clarified to not conflict with
Article III of Chapter 7, the new substandard building ordinance. However, most of the provisions
of the ordinance proposed by the citizens group remain intact. Also enclosed for City Council's
review is a copy of the State Model Historic Preservation Ordinance; a comparison with the proposed
ordinance indicates some differences, but none of any great significance.
RECOMMENDED ACTION: As requested by City Council, the ordinance is posted for adoption.
COUNCII, DATE: Discuss and consider at City Council's June 17, 2002, special Council meeting.
ADDITIONAL MATERIALS: See enclosed proposed draft ordinance as well as state model
ordinance.
DRAFT
F:ALICE/ORDWORK\CiJRRENTMist Pres Ord
June 13, 2002
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING CHAPTER 7, ARTICLE IV, SECTIONS 7-71
THROUGH 7-100 OF THE CODE OF ORDINANCES OF THE CITY OF
PARIS, ENTITLED "MOVING OF BUILDINGS," TO REDESIGNATE SAID
ARTICLE AS ARTICLE V TO CHAPTER 7 AND TO RENUMBER SAID
SECTIONS AS SECTIONS 7-101 THROUGH 7-130 RESPECTIVELY;
AMENDING CHAPTER 7, ARTICLE V. SECTIONS 7-101 THROUGH 7-119
OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, ENTITLED
"MECHANICAL REGULATIONS," TO REDESIGNATE SAID ARTICLE AS
ARTICLE VI TO CHAPTER 7 AND TO RENUMBER SAID SECTIONS AS
SECTIONS 7-131 THROUGH 7-150 RESPECTIVELY; AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS
BY REPEALING ARTICLE VI OF CHAPTER 2, SECTIONS 2-156
THROUGH 2-158 ENTITLED "HISTORIC LANDMARK PRESERVATION
COMMITTEE"; AMENDING CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS TO ADOPT A NEW ARTICLE VII,
SECTIONS 7-151 THROUGH 7-164 ENTITLED "HISTORIC
PRESERVATION"; ESTABLISHING THE PARIS HISTORIC
PRESERVATION COMMISSION; AUTHORIZING THE DESIGNATION OF
LANDMARKS AND HISTORIC DISTRICTS; PROVIDING FOR THE
ISSUANCE OF CERTIFICATES OF APPROPRIATENESS; REGULATING
THE ISSUANCE OF DEMOLITION PERMITS FOR HISTORIC
LANDMARKS OR STRUCTURES WITHIN A HISTORIC DISTRICT;
PROVIDING FOR RELIEF ON THE BASIS OF HARDSHIP; PROVIDING
FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR
APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE,
WHEREAS, Chapter 211 Texas Local Government Code, the Municipal Zoning Authority,
specifically authorizes zoning functions and procedures for municipalities; and,
Page 1 of 15
WHEREAS, Chapter 211 Texas Local Government Code, Section 211.005 authorizes the
governing body of a municipality to divide the municipality into districts, within which the governing
body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings,
other structures, or land and within which zoning regulations must be uniform for each class or kind
of building in a district although zoning regulations may vary from district to district; and,
WHEREAS, the City Council of the City of Paris, Paris, Texas, in conjunction with other
governmental entities, private groups, and private individuals, has supported and participated in a
community-wide beautification program intended to remove junk, litter, and other unsightly materials,
generally improve blighted areas of the City, regulate and where appropriate remove substandard
buildings and structures, protect and preserve the public health, safety, and welfare, and generally
improve the overall appearance of the community; and,
WHEREAS, in pursuit of such goals, the City Council desires to protect the public health
and safety at the same time protecting the rights of individual property owners; and,
WHEREAS, in furtherance of these goals, the City Council has adopted Article III to
Chapter 7 of the Code of Ordinances of the City of Paris, entitled "Hazardous Buildings" for the
purpose of regulating substandard structures and buildings within the City; and,
WHEREAS, in the process ofthe adoption of said Article, City Council directed the inclusion
of Section 7-50 thereto, dealing with the preservation of substandard buildings as historic property;
and,
WHEREAS, in order to implement fully said Section 7-50, and to otherwise provide for the
preservation of significant historical landmarks and properties within the City, the City Council
authorized application on behalf of the city for a designation as a Certified Local Government by the
Texas State Historical Preservation Office as provided by 16 U.S.C.A. Section 470 et seq; and,
WHEREAS, as part ofthe aforesaid certification process, the City must adopt an appropriate
historic preservation ordinance establishing among other things a historic preservation commission
empowered to undertake certain actions and exercise certain responsibility related to the preservation
of historical landmarks and structures within the City; and,
WHEREAS, the City Council desires to adopt the aforesaid Historic Preservation Ordinance
and create said commission, and implement the necessary procedures and processes in furtherance
of preservation of historical landmarks and structures within the City; NOW, THEREFORE,
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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 Chapter 7, Article IV, Sections 7-71 through 7-100 of the Code of
Ordinances of the City of Paris, entitled "Moving of Buildings," shall be and is hereby amended to
redesignate said Article IV as Article V to Chapter 7 of the Code of Ordinances, entitled "Moving
of Buildings," and to renumber said Sections 7-71 through 7-100 as Sections 7-101 through 7-130
respectively.
Section 3. That Chapter 7, Article V, Sections 7-101 through 7-119 of the Code of
Ordinances of the City of Paris, entitled "Mechanical Regulations," shall be and is hereby amended
to redesignate said Article V as Article VI to Chapter 7 of the Code of Ordinances, entitled
"Mechanical Regulations," and to renumber said Sections 7-101 through 7-119 as Sections 7-131
through 7-150 respectively.
Section 4. That Article VI of Chapter 2, Sections 2-156 through 2-158 of the Code of
Ordinances of the City of Paris, entitled "Historic Landmark Preservation Committee," shall be, and
the same is hereby, as of the effective date of this ordinance, repealed and declared null and void and
of no further force and effect.
Section 5. That there is hereby adopted to the Code of Ordinances of the City of Paris a new
Article VII to Chapter 7, Sections 7-151 through 7-164, entitled "Historic Preservation," to read as
follows:
"ARTICLE VIL HISTORIC PRESERVATION
"Sec. -151.Title.
This ordinance shall be cited as the "Paris Historic Preservation Ordinance."
"Sec. 7-152. Purpose.
The city council hereby declares that as a matter of public policy, the
protection, preservation, and enhancement of districts and landmarks of architectural,
archaeological, cultural, and historic importance is necessary to promote the
economic, cultural, educational, and general welfare of the citizens of Paris. The
unique identity of the city of Paris and the history of the area prior to its founding,
which produced significant historic, architectural, archaeological, and cultural
resources, requires this ordinance to:
Page 3 of 15
(a) Protect and enhance the districts and landmarks which represent
distinctive elements of Paris's historic, architectural, and cultural heritage;
(b) Foster civic pride in accomplishments of the past;
(c) Protect and enhance Paris's attractiveness to visitors and the support and
stimulus to the economy thereby provided;
(d) Insure the orderly, efficient, and appropriate growth and development of
Paris;
(e) Promote economic stability and prosperity of the community by
encouraging the most appropriate use of such significant property in Paris; and
(f) Stabilize and improve property values.
"Sec. 7-153. Paris Historic Preservation Commission; creation, duties,
responsibilities, powers.
(a) Commassaan ereated There hereby is created a historic preservation
commission (the "commission") composed of seven members and two alternate
members, appointed by the city council. All commission members shall have a
demonstrated outstanding interest in the historic traditions of the city and experience
in the preservation of the historic character of Paris. The city council shall endeavor,
to the extent reasonably available, to appoint members from the following categories:
1. Architect, planner, or design professional;
2. Member of the Main Street Board;
3. Owner of or resident or tenant in a landmark property or property in
a historic district;
4. Member of a local Historical Society;
5. Three members at large; or
6. Other specific background as desired.
Page 4 of 15
(b) Term. Commission members shall serve for a period of two years, their
terms to be staggered (four members appointed one year and three members
appointed the next year). Initial appointments shall be four for two-year terms and
three for one-year terms.
(c) C7f,fzcers.The chair and vice-chair of the commission shall be elected by
and from members of the commission.
(d) Ex-c~f'f `~cio., The director of community development
shall serve as ex-officio members of the commission.
(e) Powcrs;, The powers of the commission shall include the authority to do
the following: 1. Adopt rules and procedures;
2. Adopt identification criteria and rules for delineation of historic
district boundaries;
3. Conduct and administer historic resource surveys;
4. Recommend designation of districts and landmarks;
5. Establish committees as needed;
6. Produce and distribute minutes of ineetings;
7. Develop public outreach/education/awareness programs;
8. Approve/disapprove certificates of appropriateness;
9. Provide design and other reasonable forms of advice to owners and
tenants of historic properties in the certificate of appropriateness
review process;
10. Recommend acquisition of endangered historic resources to the city
council when necessary;
11. Submit an annual report to city council and the mayor on the status of
preservation in the community and the work of the commission;
12. Prepare and promote design guidelines for landmarks/districts.
Page 5 of 15
(f) Nleetings. The commission shall meet at least monthly, or more frequently
if so required, to conduct business. The director of community development may,
when necessary and with adequate notice, call special meetings ofthe commission. All
meetings wffl shall be held in conformance with the Texas Open Meetings Act, Texas
(g) Quv~um. A quorum shall consist of four commission members. A positive
vote of a majority of the quorum shall be required to take any official action.
Sec. 7-154. Support staff and historic preservation officer.
(a) Admanistrataan. The director of community development, or his designee,
as historic preservation officer, shall administer this ordinance and the permitting and
zoning functions thereof contained in this and other applicable ordinances.
(b) Coardination. The historic preservation officer will coordinate the
commission's and city's preservation activities with the county; the and appropriate
state and federal agencies, ~~roprr~~ and advr,ing will advise the commission on
relevant issues.
Sec. 7-155. Designation of landmarks and historic districts.
(a) L?esignation.The city council may designate sites, buildings, structures,
landscapes and objects as landmarks, and areas as historic districts, and including the
public rights-of- way in and surrounding them, by adopting zoning districts designated
as HD on the city's official zoning maps pursuant to procedures incorporated into the
city's basic zoning ordinance by the city council.
(b) C'riteria., A historic district may be established to preserve landmarks and
areas of exemplary architectural, archaeological, cultural, or historic value provided
the-proper~y(ie;s) such landmarks , or areas have one or more of the following
characteristics:
Significance in history, architecture, archaeology, or culture;
2. Association with certain events that have made a significant
contribution to the broad patterns of local, regional, state, or national
history;
Association with the lives of significant persons in our past;
Page 6 of 15
4. Embodying the distinctive characteristics of an architectural or
engineering type, period, or method of construction;
5. Represents the work of a master designer, builder, or craftsman;
6. Represents an established and familiar visual feature of the
community;
7. Has archaeological value in-that because it has produced or can be
expected to produce data affecting theories of historic or prehistoric
interest.
(c) Regulations., Design guidelines and other appropriate regulations
concerning the exterior and site development or redevelopment of a historic district
may be ~~~ted recommended by the commission or a and adopted by the City
Council as part of the a district ordinance. ~e citq-cotincil,
(d) Notzce to affected propcrty owners, hcarin,gs. Property owners of a
proposed historic district designation shall be notified by the commission prior to the
commission's hearing on designation. Testimony and documentary evidence may be
presented, which will become part of the public record, to comment on the historic,
architectural, or cultural importance of the proposed historic property.
(e) Reeammendations.Upon receipt of written recommendation of the
commission, ihe a proposal for designation shall be submitted to the planning and
zoning commission for its review, public hearing, and recommendation to the city
council for adoption, as provided in the city's general zoning ordinance.
(f) Designations recorded., Upon designation of a property or properties as
a landmark or historic district by the city council, the designation shall be recorded by
legal description on the city's official zoning maps, in the records of real property of
Lamar County, and with the tax appraisal office.
Sec. 7-156. Ordinary maintenance.
Nothing in this ordinance should be construed to prevent ordinary
maintenance or repair of any exterior architectural feature of a property designated
as a landmark or within a historic overlay district. Ordinary maintenance shall be
defined as any work that does not constitute a change in design, material, color, or
outward appearance, and include in-kind replacement or repair. The director of
community development shall be the officer in charge of making the decisions as to
what is 'ordinary maintenance.'
Page 7 of 15
Sec. 7-157,. Certificates of appropriateness.
(a) Standards. f'or certi. f'icates oj appropria~eness. The commission shall
follow the United States Secretary of the Interior's formal written Standards for the
Rehabilitation of Historic Buildings in its consideration of all applications for
certificates of appropriateness. These Standards shall be made available to owners and
tenants of property designated as historic.
~~~In considerin an a lication for a certificate of
(b) g PP
appropriateness, the commission shall be guided by any adopted design guideline, and
where applicable, the fellewirrg-fratrt the Secretary of the Interior's Standards for
Rehabilitation. Any adopted design guideline and the Standards for Rehabilitation
shall be made available to the property owners of historic landmarks or within historic
districts.
1. Every reasonable effort shall be made to adapt the property in a
manner that requires minimal alteration of the building, structure,
object, or site and its environment.
2. The distinguishing original qualities or character of a building,
structure, object, or site and its environment shall not be destroyed.
The removal or alteration of any historic material or distinctive
architectural features should be avoided when possible.
3. All buildings, structures, objects, and sites shall be recognized as
products of their own time. Alterations that have no historical basis
and which seek to create an earlier appearance shall be discouraged.
4. Changes that have taken place in the course of time are evidence of
the history and development of a building, structure, object, or site
and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
5. Distinctive stylistic features or examples of craftsmanship that
characterize a building, structure, site, or object shall be retained
where possible.
6. Deteriorated architectural features shall be repaired rather than
replaced wherever possible. In the event the replacement is necessary,
the new material should reflect the material being replaced in
composition, design, color, texture, and other visual qualities. Repair
or placement of missing architectural features should be based on
Page 8 of 15
accurate duplications of features, substantiated by historical, physical,
or pictorial evidence rather than conjectural designs or the availability
of different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the
gentlest means possible. Sandblasting and other cleaning methods that
will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project.
9. Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and
additions do not destroy significant historical, architectural, or cultural
material, and such design is compatible with the size, scale, color,
material, and character of the property, neighborhood, or
environment.
10. Whenever possible, new additions or alterations to buildings,
structures, objects, or sites shall be done in such a manner that if such
additions or alterations were to be removed in the future, the essential
form and integrity of the building, structure, object, or site would be
unimpaired.
(c) Cert~f'icate, oj apprcapriatenes,s requared., A person shall not alter a
property designated as historic or property within a historic district, or any portion of
the exterior of a structure on the site, or designated adjacent right-of-way, or place,
construct, maintain, expand, or remove any structure on the site without first
obtaining a certificate of appropriateness in accordance with this ordinance. A
certificate of appropriateness C-A shall be obtained prior to the issuance of any
building permit, although the certificate of appropriateness C-A review and building
permit and other required permit review processes may be conducted simultaneously.
A eertificate af appropriateness C-A may also be required for work not otherwise
requiring a building permit. The certificate of appropriatenessC-A shall be required in
addition to, and not in lieu of, any required building permit.
(d) Application f`c~r cert~ficate., Prior to commencement of any work, the
owner shall file an application for a certificate of appropriateness with the director of
community development. The application shall contain:
Page 9 of 15
Name, address, and telephone number of applicant, and address of
affected property if different
2. Detailed description of proposed work
Current photographs of property including where available historic
photo s. -at°e also l°relp"
4. Drawings of proposed changes or new construction, and samples of
material s. wherrapproprr~'
5. Other information deemed necessary by ~ta the,commission for
clarification of the project
(e) Approval oj certicate. The commission shall deny, approve, or approve
with conditions any 00~~~ a.F ppr~~~~~~~~~ application within 30 calendar
days of receipt of a completed application, determining whether the proposed work
is consistent with the regulations contained in this ordinance, in all applicable
ordinances, and in the zoning ordinance designating the historic landmark. Upon
posted notice the commission shall conduct a public hearing on the application, at
which time an opportunity is provided for proponents and opponents of the
application to present their views.
(f) Deeisions a, f the eommission. All decisions of the commission shall be in
writing, stating its approval or the specific reasons for denying or modifying any
applications. If approved, a copy of the certificate shall be sent to the applicant by
tegistered certified mail and a copy filed with the director of community development.
Sec. 7-155. Minor exterior alterations.
(a) Application review. If the e'rty-sta~ director of community developrnent
determines that the applicant is seeking a certificate of appropriateness to authorize
only minor exterior alterations, as defined in this section, the staff director shall review
the application to determine whether the proposed work complies withthe regulations
contained in this section and all applicable historic district designation ordinances and
approve or deny the application within five working days of its receipt.
Page 10 of 15
(b) Appeal. Any interested person may appeal the staffs dizectar's decision
by submitting to the staff director a written request for appeal within 30 calendar days
of the sta{f director's decision. The written request for appeal starts the standard
certificate of appropriateness review procedure by the historic preservation
commission.
(c) Minor exterivr alterativn de.fined For purposes of this,section, "minor
exterior alteration" is the installation of or alteration to awnings, fences, gutters, and
downspouts; incandescent lighting fixtures; landscaping and hardscaping comprising
less than 25 percent of the front or side yard; restoration of original architectural
features that constitute a change from existing conditions; painting of wood or other
appropriate elements that constitutes a change in color from existing color; and
additions and changes not visible from any street to the rear of the main structure or
to an accessory structure.
Sec. 7-159. Demolition permits.
(a)
A demolition permit for a
structure within a historic district, or an individual landmark, shall not be issued by the
director of community development until review and issuance of a completed
certificate of appropriateness application by the commission. The director shall not
forward the application to the commission until it is complete; the following
information must be supplied by the applicant before the application is considered
complete:
Information describing the condition of the structure;
2. Estimated cost of restoration or repair;
Demonstration that the adaptive use or restoration of the structure has
been seriously considered;
4. Any available historic records of the building, including drawings,
photographs, or other similar material?
5. Architectural drawings for any proposed new construction which is
intended to replace the historic structure;
6. Any conditions proposed to be voluntarily placed on new development
that would mitigate the loss of the landmark structure;
Page 11 of 15
7. Any other information th-at the staff director , of eommuruty
development finds appropriate for the commission to render a decision
on the application.
(b) Public hecring c?n application. The commission shall hold a public
necting hearing on the application within 30 calendar days of receipt of the completed
application, at which time proponents and opponents of the application may present
their views. The commission may seek expert assistance in the field(s) of real estate
development, appraisal, financing, and other related disciplines to review the
application. The applicant shall consult in good faith with the commission, interested
local groups, and individuals in a diligent effort to investigate alternatives that will
result in preservation of the property.
(c) Grant or denial oj cxppIieatzon.If the historic preservation commission
determines that in the interest of preservation the structure should not be removed or
demolished, it shall deny the application and seek alternatives that may result in
preservation of the structure. If the commission determines that in the interest of
preservation, demolition or removal of the structure will not create an adverse effect,
it shall issue the certificate of appropriateness for demolition.
(d) Decision oj the commission., A copy of the decision shall be forwarded
to the director of community development and to the applicant within ten calendar
days of the public meeting and a copy shall be filed with the cxty clerk. All decisions
shall be in writing.
(e) Tzme Iirrzitation.If, after 180 calendar days, the commission has not
successfully found a purchaser or otherwise determined a process by which the
property might be preserved, the building official shall issue the demolition permit.
Page 12 of 15
Sec.
(a) Procedurcs. As set out herein, the procedure for adopting an ordinance
to establish or amend a historic landmark ar district designatian may be initiated by
the city council, the planning and zoning commission, the historic preservation
commission or by the owner(s) of 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:
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.
The 90th day after the filing dates of a written request for hardship
relief, if any, made in accordance with section 11.
(b) Timing , For purposes of this section, the procedure is considered to be
initiated immediately when the city council or planning and zoning commission or
historic preservation commission votes to authorize the filing of a designation case,
or in the case of owner(s) initiation, when the application is filed with the historic
preservation commission.
Sec. 7-1b1.
(a) Crzteriafor hcardship relief.`, An applicant may, during the pendency of a
designation case, apply for hardship relief for purposes of obtaining a permit to place,
construct, alter, demolish, or remove any structure on the property. In order to prove
the existence of hardship, the applicant shall have the burden to establish that:
The property is incapable of earning a reasonable return on the
owner's investment.
Page 13 of 15
2. The property cannot be adapted for another use that can result in a
reasonable return.
3. No potential purchaser of the property with a reasonable offer who
intends to preserve it can be identified.
(b) Public hearing. The commission shall hold a public rrteetiy°rg h+earing on
the hardship application at leas within 30 calendar days following the original date
of application for a certificate of hardship relief.Sec.7-162'. Enforcement.
All work performed pursuant to a eertificate of appropriateness -C-A issued
under this ordinance shall conform to all its requirements. It shall be the duty of the
director of the community development to inspect periodically to assure such
compliance.
Sec. 7-163. Appeals.
Any person aggrieved by a decision of the commission relating to hardship or
issuance of certification of appropriateness may, within 30 calendar days of receipt of
the written decision, file a written application with the city council through the office
of the city secret clerk for review of the decision. The city council shall hold
public hearings to consider the appeal. A decision of the city council is final and not
appealable.
Sec.7.164. Penalties.
That any person violating any ofthe provisions of this ordinance shall be guilty
of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed
$2,000.00, and each and every day's continuance of any violation of the above
enumerated sections shall constitute and be deemed as a separate offense.
Page 14 of 15
I
Section 6. That it is hereby declared to be the intention of the City Council of the City of
Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall become declared
unconstitutional or unlawful by the valid judgment or decree of any court of competent jurisdiction,
such finding of unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, or sections of this ordinance, it being the intention of the City Council that
such remaining provisions shall remain in full force and effect.
Section 7. That all other ordinances or parts of ordinances in conflict herewith and not
expressly addressed herein are hereby repealed to the extent of such conflict only.
Section 8. That this ordinance shall become effective on August 1, 2002.
PASSED, APPROVED, AND ADOPTED this 17th day of June, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
Page 15 of 15
Model Ordinance
Historic Landmark and District Zoning Ordinance
WHEREAS, CH.221 TEXAS LOCAL GOVERNMENT CODE, the Municipal Zoning
Authority,, specifically authorizes zoning functions and procedures for municipalities; and
WHEREAS, CH.221 TEXAS LOCAL GOVERNMENT CODE, Section 211.005 authorizes the
goveming body of a municipality to divide the municipality into districts, within which the
goveming body may regulate the erection, construction, reconstruction, alteration, repair, or use
of buildings, other shuctures, or land and within which zoning regulation must be uniform for
each class or kind of building in a district; however, zoning regulations may vary from district to
district.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
That the following Historic Landmark and District Zoning Ordinance is hereby (adopted,
Amended, enacted)as part of the comprehensive zoning plan, pursuant to CH.211 TEXAS
LOCAL GOVERNMENT CODE.
Section 1. Purpose
The City Council of hereby declares that as a matter oFpublic policy the
protection, enhancement, and perpetuation of landmarks or district of historical and cultural
importance and significance is necessary to promote the economic, cultural, educational, and
general welfare of the publia lt is recognized that the represents the unique
confluence of time and place that shaped the identity of generations of citizens, collectively and
individually, and produced significant historic, architectural, and cultural resources that constitute
their heritage. This act is intended ta
(a) protect and enhance the landmarks and districts which represent distinctive elements
of s historic, architectural, and cultural heritage;
(b) foster civic pride in the accomplishments of the past;
(c) protectand enhance
s attractiveness to visitors and the
support and stimulus to the economy thereby provided;
(d) insure the harmonious, orderly, and efficient growth and deve]opment of the
village/town/city;
(e) promote economic prosperity and welfare of the community by encouraging the most
appropriate use of such property within the village/town/city;
(f) encourage stabilization, restoration, and improvements of such properties and their
values.
[Note: Other purposes may be included, but a general statement on aesthetics should be
avoided in most cases. SigniScant or unusual geographic and historic features may be
mentioned here, e.g., riverfront, oceanfront, town form, etc., and how it is integral to the
village/town/city.]
[Note: A list of deSnitions conforming to the ordinance should be included at this point.
You may refer to the attached appendix for definitions.]
Section 2. Historic Preservation Commission
There is hereby created a commission to be known as the Historic
Preservation Commission.
[Note: Other possible names include Landmark Commission,
Historic District and Landmark Commission, or Board of Architectural
Review.]
(a) The Commission shall consist of inembers to be appointed, to the extent
available among the residents of the community, by the (mayor, council, commission)
as Follows.
These are possible representatives.
at least one shall be an architect, planner, or representative of a design profession;
at least one shall be a historian;
at least one shall be a licensed real estate broker;
at least one shall be an attorney;
at least one shall be an owner of a landmark or of a property in a historic district;
at least one shall be a member of
[Note: This blank should include the name of whatever preservation nonprofit exists.]
at least one shall be an archeologist or from a re]ated discipline;
(b) All Commission members, regardless of background, shall have a known and
demonstrated interest, competence, or knowledge in historic preservation within the
village/town/city of
(c) The Commission as a whole shall represent the ethnic makeup of the
village/town/city.
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(d) Commission members shall serve for a term of (at least two) years, with the
. exception that the initial term of inembers shall be _years, and
members shall be vears.
[Note: The term may be set for one, rivo, or whatever necessary period to achieve a
staggered term.]
(e) The Chairman and Vice Chairman of the Commission shall be elected by and from the
members of the Commission.
[Note: They also may be appointed by the mayor, council, or commission.]
(f) The Commission shall be empowered to:
(i) Make recommendations for employment of staff and professionai consultants
as necessary fo carry out the duties of the Commission.
(ii) Prepare rules and procedures as necessary to carry out the business of the
Commission, which shall be ratified by the City Council.
(iii) Adopt criteria for the designation of historic, architectural, and cultural
landmarks and the delineation of historic districts, which shall be ratified by
the City Council.
(iv) Conduct surveys and maintain an inventory of significant historic,
architectural, and cultural landmarks and all properties located in historic
district within the village/town/city.
(v) Recommend the designation of resources as landmarks and historic districts.
(vi) Create committees from among its membership and delegate to these
committees responsibilities to carry out the purposes of this ordinance.
(vii) Maintain written minutes which record all actions taken by the Commission
and the reasons for taking such actions.
(viii) Recommend conferral of recognition upon the owners of landmarks or
properties within districts by means of certificates, plaques, or markers.
(ix) Increase public awareness of the value of historic, cultural, and architectural
preservation by developing and participating in public education programs.
(x) Make recommendations to the village/town/city government conceming the
utilization of state, federal, or private funds to promote the preservation of
landmarks and historic districts within the village/town/city.
(xi) Approve or disapprove of applications for certificates of appropriateness
pursuant to this act.
(xii) Prepare and submit annually to the (mayor/counciUcommission) a report
summarizing the work completed during the previous year.
(xiii) Prepare specific design guidelines for the review of landmarks and districts.
(xiv) Recommend the acquisition of a landmark structure by the village/town/city
government where its preservation is essential to the purpose of this act and
where private preservation is not feasible.[optional]
(xv) Propose tax abatement programs(s) for landmarks or districts. [optional]
(xvi) Accept on behalf of the village/town/city govemment the donation of
preservation easements and development rights as well as any other gift of
value for the purpose of historic preservation, subject to the approval of the
City Council: [optional]
(g) The Commission shall meet at ]east monthly, if business is at hand. Special
meetings may be called at any time by the Chairman (or mayor) or on the
written request of any two Commission members. All meetings shall be held in
conformance with the Texas Open Meetings Act, Texas Civil Statutes, Article
6252-17.
(h) A quorum for the transaction of business shall consist of not less than a
majority of the full authorized membership.
Section 3. Appointment of Historic Preservation Officer
The (mayor, council, commission) or a designee shall appoint a qualified village/town/city official,
staff person, or appropriate resident of the municipal entity to serve as historic preservation
officer. This officer shall administer this ordinance and advise the Commission on matters
submitted to it.
In addition to serving as representative of the Commission, the officer is responsible for
coordinating the village/town/city s preservation activities with those of state and federal agencies
and with local, state, and national nonprofit preservation organizations.
[Note: In the absence of a qualified official or staff person of the municipality, a ,
volunteer resident serving as preservation officer should be aware of the liability issues
involved in serving in this capacity.]
Section 4. Designation of Historic Landmarks
(a) These provisions pertaining to the designation of historic landmarks constitutes a part
of the comprehensive zoning plan of the City of
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(b) Property owners of proposed historic landmarks shall be notified prior to the
Commission hearing on the recommended designation. At the Commission s public
hearing, owners, interested parties, and technical experts may present testimony oF
documentary evidence which will become part of a record regarding the historic,
architectural, or cultural importance of the proposed historic landmark.
(c) Upon recommendation of the Commission, the proposed historic landmark shall be
submitted to the Zoning Commission within thirty (30) days from the date of
submittal of designation request. The Zoning Commission shall give notice and
conduct its hearing on the proposed designation within forty-five (45) days of receipt
of such recommendation from the Commission. such hearing shall be in the same
manner and according to the same procedures as specifically provided in the general
zoning ordinance of the City of . The Zoning Commission
shall make its recommendation to the City Council within forth-five (45) days
subsequent to the hearing on the proposed designation.
(d) The City Council shall schedule a hearing o the Commission s recommendation to be
held within forty-five (45) days of receipt of the recommendation of the Zoning
Commission. The City Council shall give notice, follow the publication procedure,
hold hearing, and make its determination in the same manner as provided in the general
zoning ordinance of the City of
[Note: The general zoning ordinance should provide a time limit within which the City
Council must make its determination. Time limits may be set in accordance with the
city s own zoning ordinance.]
(e) Upon designation of a(building, object, site, structure) as a historic landmark or
district, the City Council shall cause the designation to be recorded in the Official
Public Records of Real Property of County, the tax records of
the City of , and the Appraisal District as well
as the official zoning maps of the City of . AIl zoning maps
should indicate the designated landmarks with an appropriate mark.
Section 5. Designation of Historic Districts
(a) These provisions pertaining to the designation of historic district constitute a part of
the comprehensive zoning plan of the City of
(b) Property owners within a proposed historic district shall be notified prior to the
Commission hearing on the recommended designation. At the Commissioner s public
hearing, owners, interested parties, and technical experts may present testimony or
documentary evidence which will become part of a record regarding the historic,
architectural, or cultural importance of the proposed historic distdct.
(c) The Commission may recommend the designation of a district if it:
(i) Contains properties and an environmental setting which meet one or more of
the criteria for designation of a landmark; and,
(ii) Constitutes a distinct section of the village/town/city.
(d) Upon recommendation of the Commission, the proposed historic district shall be
submitted to the Zoning Commission within thirty (30) days from the date of
submittal of designation request. The Zoning Commission shall give notice and
conduct its hearing on the proposed designation within forty-five (45) days of receipt
of such recommendation from the Commission. Such hearing shall be in the same
manner and according to the same procedures as specifically provided in the general
zoning ordinance of the City of . The Zoning Commission shall
make its recommendation to the City Council within forty-five (45) days subsequent
to the hearing on the proposed designation.
(e) The City Council shall schedule a hearing on the Commission s recommendation to be
held within forty-five (45) days of receipt of the recommendation of the Zoning
Commission. The Ciry Council shall give notice, follow the publication procedure,
hold hearings, and make its determination in the same manner as provided in the
general zoning ordinance of the City of
[Note: The general zoning ordinance should provide a time limit upon which the city
council must make its determination. Time limits may be set in accordance with the
city s own zoning ordinance.]
Upon designation of a historic district the City Council shall cause the designated
boundaries to be recorded in the Official Public Records of real property of
and the
Counry, the tax records of the City of
Appraisal District as well as the official zoning maps of
the City of . All zoning maps should indicate the designated
historic district by an appropriate mark.
Section 6. Criteria for Designation of Historic Landmarks and Districts
A historic landmark or district may be designated if it:
[Note: National Register criteria are most easily and often used here. Additional criteria
may be added as appropriated. In order to have a valid zoning ordinance, criteria must be
clearly established so that is can withstand a challenge for being unconstitutionally
vague.]
(a) Possesses significance in history, architecture, archeology, and culture
(b) Is associated with events that have made a significant contribution to the board
patterns of local, regional, state, or national history.
(c) Is associated with events that have made a significant in our past.
(d) Embodies the distinctive characteristics of a type, period, or method of construction.
(e) Represents the work of a master designer, builder, or craftsman.
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Represents an established and familiar visual feature of the
neighborhood/village/town/city.
Section 7. Certificate of Appropriateness for Alteration or New Construction Affecting
Eandmarks or Historic Districts
No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation,
or relocation of any historic landmark or any property within a historic district, nor shall any
person make any materia] change in the light fixtures, signs, sidewalks, fences, steps, paving, or
other exterior elements visible from a public right-of-way which affect the appearance and
cohesiveness of any historic landmark or any property within a historic district.
[Note: In historic districts, it is a good idea to require a certiScate of appropriateness for
proposed new construction to ensure compatibility with the existing historic resources of
the district.]
Section 8. Criteria for Appro4al of a Certificate of Appropriateness
In considering an application for a certificate of appropriateness, the Commission shall be guided
by any adopted design guideline, and where applicable, the following from The Secretary of the
Interior s Standards for Rehabilitation ofHistoric Birildings. Any adopted design guideline and
Secretary of the Interior s Standards shall be made available to the property owners of historic
landmarks or within historic districts.
(a) Every reasonable effort shall be made to adapt the property in a manner which
requires minimal alteration of the building, structure, object, or site and its
environment.
(b) The distinguishing original qualities or character of a building, shucture, object, or site
and its environment shall not be destroyed. The removal or alteration of any historic
material or distinctive architectural features should be avoided when possible.
(c) All buildings, structures, objects, and sites shall be recognized as products of their
own time. Alterations that have no historical basis and which seek to create and earlier
appearance shall be discouraged.
(d) Changes which may have taken place in the course of time are evidence of the history
and development of a building, structure, object, or site and its environment. These
changes may have acquired significance in their own right, and this significance shall be
recognized and respected.
(e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a
building, structure, object, or site shall be kept where possible.
(D Deteriorated architectural features shall be repaired rather than replaced, wherever
possible. In the event replacement is necessary, the new material should reflect the
material being replaced in composition, design, color, texture, and other visual
qualities. Repair or replacement of missing architectural features should be based on
accurate duplications of features, substantiated by historical, physical, or pictorial
evidence rather than on conjectural designs or the availability of different architectural
elements form other buildings or structures.
(g) The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shalf not be undertaken.
(h) Every reasonable effort shall be made to protect and preserve archeologica] resources
affected by, or adjacent to, any project.
(i) Contemporary design for alterations and additions to existing properties shall not be
discouraged when such alterations and additions do not destroy significant historical,
architectural, or cultural material, and such design is compatible with the size, scale,
color, material, and character of the property, neighborhood, or environment.
(j) Whenever possible, new additions or alterations to buildings, structures, objects, or
sites shall be done in such a manner that if such additions or alterations were to be
removed in the future, the essential form and integrity of the building, suucture,
object, or site would be unimpaired.
Section 9. Certification of Appropriateness Application Procedure
(a) Prior to the commencement of any work requiring a certificate of appropriateness the owner
shall file and application for such a certificate with the Commission. The application shall
contain:
(i) Name, address, telephone number of applicant, detailed description of proposed
work.
(ii) Location and photograph of the property and adjacent properties.
[Note: Historical photographs may be requested as well.]
(iii) Elevation drawings of the proposed changes, if available.
(iv) Samples of materials to be used.
(v) If the proposal includes signs or lettering, a scale drawing showing the type of
lettering to be used, all dimensions and colors, a description of materials to be used,
method of illumination (if any), and a plan showing the sign s location on the
property.
(vi) Any other information which the Commission may deem necessary I order to
visualize the proposed work.
[Note: These requirement may be too extensive for small cities. If so, adjust them as
necessary.]
(b) No building permit shall be issued for such proposed work until a certificate of
- appropriateness has first been issued by the Commission. The certificate of appropriateness
required by this act shall be in addition to and not in lieu of any building permit that may be
required by any other ordinance of the village/town/city of
(c) The Commission shall review the application at a regularly scheduled meeting within sixty
(60) days form the date the application is received, at which time an opportunity will be
provided for the applicant to be heard. The Commission shall approve with modifications the
permit within forty-five (45) days after the review meeting. In the event the Commission
does not act within ninety (90) days of the receipt of the application, a permit may be
granted.
[Note: The Commission s decision is limited to those decisions stated in the ordinance,
i.e., approve, deny, or approv'e with modifications. Suspension of action for a specified
time also can be provided for in lieu of or in addition to these provided.]
(d) All decisions of the Commission shall be in writing. The Commission s decision shall state its
findings pertaining to the approval, denial, or modification of the application. A copy shall be
sent to the applicant. Additional copies shall be filed as paR of the public record on that
properry and dispersed to appropriated departments, e.g., building inspection.
(e) An applicant for a certificate of appropriateness dissatisfied with the action of the
Commission relating to the issuance or denial of a certificate of appropriateness shall have the
right to appeal to the City Council within (30) days after receipt of notification of such
action. The City Council shall give notice, follow publication procedure, hold hearings, and
make its decision in the same manner as provided in the general zoning ordinance of the city.
[Section 10. Certificate of Appropriateness Required for Demolition
A permit For the demolition of a historic landmark or property within a historic district, including
secondary buildings and landscape features, shall not be granted by the (building inspector or
other city official) without the review of a completed application for a certificate of
appropriateness by the Commission, as provided for in Section 7,8 and 9 of the ordinance.
Section 11. Economic Hardship Application Procedure
(a) After receiving written notification from the Commission of the denial of certificate of
appropriateness, an applicant may commence the hardship process. No building permit or
demolition permit shall be issued unless the Commission makes a finding that hardship exists.
(b) When a claim of economic hardship is made due to the effect of this ordinance, the owner
must prove that:
(i) the property is incapable of earning a reasonable retum, regardless of whether that
return represents the most profitable return possible;
(ii) the property cannot be adapted for any other use, whether by the current owner or
by a purchaser, which would result in a reasonable return; and
(iii) efforts to find a purchaser interested in acquiring the property and preserving it have
failed.
c) The applicant shall consult in good faith with the Commission, local preservation groups and
interested parties in a diligent effort to seek an altemative that will result in preservation of
the property. Such efforts must be shown to the Commission.
d) The Commission shall hold a public hearing on the application within sixty (60) days from
the date the application is received by the (building inspector, preservation officer).
Following the hearing, the Commission has thirty (30) days in which to prepare a written
recommendation to the (building inspector or other official). In the event that the Commission
does not act within ninety (90) days of the receipt of the application, a permit may be
granted. '
e) Ali decision of the Commission shall be in writing. A copy shall be sent to the applicant by
registered mail and a copy filed with the village/town/city clerk s office for public inspection.
The Commission s decision shall state the reasons for granting or denying the hardship
application.
~ An applicant for a certificate of appropriateness dissatisfied with the action of the
Commission relating to the issuance or denial of a certificate of appropriateness shall have the
right to appeal to the City Council within thirty (30) days afrer receipt of notification of such
action. The City Council shall give notice, follow publication procedure, hold hearings, and
make its decision in the same manner as provided in the general zoning ordinance of the city.
Section 12. Enforcement
All work performed pursuant to a certificate of appropriateness issued under this ordinance shall
conform to any requirements included therein. It shall be the duty of the (building inspector or
other official) to inspect periodically any such work to assure compliance. In the event work is
not being performed in accordance with the certificate of appropriateness, or upon notification of
such fact by the Commission and verification by the (designated employee), the (designated
employee) shall issue a stop work order and all work shall immediately cease. No further work
shall be undeRaker on the project as long as a stop work is in effect.
Section 13. Ordinary Maintenance
Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of
any exterior architectural feature of a landmark or property within a historic district which does
not involve a change in design, material, or outward appearance. In-kind replacement or repair is
included in this definition of ordinary maintenance.
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[Note: Color may be included as ordinary maintenance if not part of that regulated in
Section 7.]
Section 14. Demolition by Neglect
No owner or person with an interest in real property designated as a]andmark or included within
a historic district shall permit the property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would, in the judgment of the
Commission, produce a detrimenta] effect upon the character of the historic district as a whole or
the life and character of the property itself.
Exampies of such deterioration include:
(a) Deterioration of exterior walls or other vertical supports.
(b) Deterioration of roof or other horizontal members.
(c) Deterioration of exterior chimneys.
(d) Deterioration or crumbling of exterior stucco or mortar.
(e) Ineffective waterproofing of exterior walls, roof, or foundations, including broken
windows or doors.
Deterioration of any feature so as to create a hazardous condition which could lead to
the claim that demolition is necessary for the public safety.
Section 15. Penalties
Failure to comply with any of the provisions of this ordinance shall be deemed a violation and
the violator shall be liable for a misdemeanor charge, and be subject to a fine of not less than
nor more than for each day the violation
continues.
[Note: Penalties should conform to the penalties provided for in the existing zoning
ordinance. The Municipal Zoning Authority authorizes imprisonment as well as a civil
penalty. It also should be noted that if a violation occurs or is about to occur, the
municipality is authorized to bring action to enforce the ordinance. See Sec. 211.012 of
the Municipal Zoning Authority.]
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