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13&14 Historic Preservation ZDRAFT F:ALICE\ORDWORK\CURRENT\ Downtown Historic Overlay Ord June 2, 2003 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A HISTORICAL OVERLAY DISTRICT FOR A SUBSTANTIAL PORTION OF THE DOWNTOWN AREA, IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AND THE HISTORICAL PRESERVATION COMMISSION, WHILE PRESERVING THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF THE PROPERTY INCLUDED THEREIN; DESIGNATING THE BOUNDARIES OF THE HISTORICAL OVERLAY DISTRICT SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; APPROVING REHABILITATION STANDARDS APPLICABLE TO SAID DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a request from the Paris Historical Preservation Commission for an amendment to the zoning ordinance of the City of Paris to designate a substantial portion of the Paris downtown area as an Historical Overlay District; and, WHEREAS, the City Council has subsequently referred said request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of 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 boundaries heretofore established by the Zoning Map and Ordinance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a HISTORICAL OVERLAY DISTRICT be, and the same is hereby, established on a substantial portion of the DOWNTOWN AREA, as recommended by the HISTORICAL PRESERVATION COMMISSION and the PLANNING AND ZONING COMMISSION, so as to include in such HISTORICAL OVERLAY DISTRICT the hereinafter described property, while preserving the respective existing use and zoning designations of the property included therein; and that the boundaries of said HISTORICAL OVERLAY DISTRICT be, and the same are hereby, established as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being the Downtown area of the City of Paris with the boundaries of said Historical Overlay District being more particularly described as follows: Starting at the intersection of Price Street and 3rd Street N.W.; THENCE South along 3rd Street N.W. to Houston Street; THENCE West to 4th Street N.W.; THENCE South along 4th Street N.W. to Bonham Street including the lot at the Southwest corner of Bonham Street and 4th Street S.W.; THENCE continuing South on 4th Street S.W. to Kaufman Street; THENCE East on Kaufman Street to 2nd Street S.W.; THENCE South along 2nd Street S.W. to Sherman Street; THENCE East along Sherman Street to 1 st Street S.E.; THENCE North along 1 st Street S.E. to Kaufman Street; THENCE East along Kaufman Street to 3rd Street S.E.; THENCE North along 3rd Street S.E. to Clarksville Street; THENCE East along Clarksville Street to the Eastern Boundary of the property at 535 Clarksville Street; THENCE continuing along a property Line to 530 Lamar Avenue; THENCE West along Lamar Avenue to 3rd Street N.E.; THENCE North along 3rd Street N.E. to Price Street; THENCE West to the point of beginning at Price Street and 3rd Street N.W. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No. 1710 and the land use map accompanying the same, and in accordance with the provisions of this ordinance. Section 4. That the following historical preservation standards shall be and are hereby adopted to apply to all properties within the Downtown Historical Overlay District designated herein, in accordance with the terms and provisions of Article VII to Chapter 7, Sections 7-151 through 7- 164 of the Code of Ordinances of the City of Paris, the Historical Preservation Ordinance, as amended, and Ordinance No. 1710 as amended, the Zoning Ordinance of the City of Paris, Texas: The following Standards for Rehabilitation shall apply to rehabilitation of the exterior only of all structures located in the Downtown Historic Overlay District, and shall apply to a building's site and environment as well as attached, adjacent, or related new construction. The Paris Historical Preservation Commission shall implement and apply these standards in accordance with the provisions of Article VII to Chapter 7, Section 7- 151 through 7-164 of the Code of Ordinances of the City of Paris, as amended, the Historical 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 consideration economic and technical feasibility: (1) Any rehabilitation of the exterior any structure located in the Downtown Historic Overlay District shall be done in a manner that requires minimal change to the defining characteristics of the building and its site and environment. (2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (3) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (4) Most properties change over time; those changes that have acquired historic 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. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated 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 and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, 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 undertaken 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 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 a separate offense. Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 7. That this ordinance shall become effective July 1, 2003. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 5th day of June, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney