03&04 Depot-Historic OverlayDRAFT
F:ALICE\ORDWORK\CURRENT\10-13-03 Zoning Ords
October 10, 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; DESIGNATING
THE PARIS SANTA-FE FRISCO DEPOT AS AN HISTORIC STRUCTURE
AND ESTABLISHING AN HISTORIC OVERLAY DISTRICT (HD) ON THE
PARIS SANTA-FE FRISCO DEPOT PROPERTY IN ACCORDANCE WITH
THE RECOMMENDATIONS OF THE PLANNING AND ZONING
COMMISSION AND THE HISTORIC PRESERVATION COMMISSION;
PRESERVING THE RESPECTIVE EXISTING USE AND ZONING
DESIGNATIONS OF THE PROPERTY INCLUDED THEREIN;
DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY
DISTRICT (HD) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT
TO EXCEED $2,000.00; 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 Historic Preservation Commission, following notice to the owner and a public
hearing thereon, for an amendment to the zoning ordinance of the City of Paris to designate the Paris
Santa-Fe Frisco Depot as an Historic Structure and the Paris Santa-Fe Frisco Depot property as an
Historic Overlay District (HD); 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 the Paris
Santa-Fe Frisco Depot building is hereby designated as an Historic Structure and that an HISTORIC
OVERLAY DISTRICT (HD) be, and the same is hereby, established on THE PARIS SANTA-FE
FRISCO DEPOT PROPERTY, AS RECOMMENDED BY THE PARIS HISTORIC
PRESERVATION COMMISSION AND THE PLANNING AND ZONING COMMISSION, so as
to include in such HISTORIC OVERLAY DISTRICT (HD) the hereinafter described property, while
preserving the respective existing use and zoning regulations of the property previously designated
thereon, and that the boundaries of said HISTORIC OVERLAY DISTRICT (HD) 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 property known as the Paris Santa-Fe Frisco Depot
property as shown on Exhibit A, attached hereto.
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 historic preservation standards shall be and are hereby adopted
to apply to the Paris Santa-Fe Frisco Depot property included in the Historic 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 Historic 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 designated Historic Overlay District, 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 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
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 consideration
economic and technical feasibility:
(1) Any rehabilitation of the exterior of any structure located in the designated
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 November 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 13th day of October, 2003.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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ENG~NEE~NG DE~.I D~WN BY: B~EN ~ DA~: 07/~4/03 ~ S~LE: ~"=~' D~W~NG:
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
STATE OF TEXAS
COUNTY .OF LAMAR
" BEFORE ME, the undersigned authority, on this day personally appeared
PARIS HISTORICAL PRSERVATION CO~MITTEE , who upon oath deposes and says:
"I am SAME , and my address ts
PHONE NUMBSR
CITY OF PARI~ and I have a proprietary interest
in property located within the corporate limits of tim City o[ Paris being
described as follows:il25 BON~ STRHET '
SANTE FE~ FRISCO DEPOT
"My tn~erest tn ~he above described property ts AGEN~ ,
and I do reques~ a change tn zontng From LIGHT I~DUSTRIAL
OtS~rlCt ~0 HISTORICIAL OVERLAY District.
"In suppor~ of said request I eiake Um following answers ~o questions 1-4:
1. Wlll the re-zoning be in accordance wlth Um'orlgtna.l comprehensive
zoning scheme, as represenk~ by Um pre-establl'shed zontng ordinance and
long range master plan .and ~nap tha~ has been adopted by the zoning ordinance?
YES
2. Will tim re-zoned designation be compatible with the classification and
use of adjoining lands sq as to avotd adverse impact on neighbors?
YES
3. Is tile tract unsuitable for uses pemltted under tile present zoning class-
i[Icatton; therefore Justifying a change ln'zontn~l? NO
4. Does the re-zoning bear a substantial rela'ttonshlp to Um public health,
safety, morals or general welfare or protect and preserv~ historical and cultural
places and areas or meet a substantial publtc need? YEs
· 5, BAS A C0P~ 9E TBE [AND DEED BEEN'SUBMITTED?
Signature of Appltqant
SWORN TO AND SUBSCRIBED BEFORE ME, by the said /~ X
this day of , ~0
No~ar~l'ublic, State of Texas
FILED:
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