04-A Brown Personal Appearance REQUEST FOR APPEARANCE AT CITY COUNCIL MEETING
NME :
TELEPHONE :
REASON FOR APPEA~NCE AT CITY COUNCIL MEETING:
APPROVED: DISAPPROVED:
Signature
Michael E. Malone~ City Manager
Received
NOV ~ ~ ~003
C~l. of .Pa.ris
Billy C. Brown
To appeal the Historic Preservation Commission's ruling for my certificate of appropriateness
which was denied by them regarding the fence at 221 Bonham Street.
Application No. 20~3 - Oo Z
Application for Certificate of Appropriateness
Owners' Name: Billy C, Brow~
Address; 221 Bonham Street Phone:
Address of Affected Proper~y, if different: 221 Bonham Street
Please provide a detailed description of the proposed work (attach additional sheets, if necessary:
See Attached Letter
Attach:
~3 Current photographs of property
C] If available, historic-photographs of property
C] Drawings of proposed changes or new construction .,
E] Samples of materials to be used -'
~ ,~. ~ /o-~- o2
SignJatu(~of (5~ner Date
For Commission Use Only:
Approved
Approved with the following conditions:
Denied for the following reasons: See attached document
Commission Chairman Date
1. The building site has been altered resulting in the diminished character
of the property.
2. The feature (fence) is based on insufficient historical, pictorial and
physical documentation and has introduced a feature that is out of scale
and an inappropriate design.
3. Introducing new construction onto the building site which is visually
incompatible in terms of size, scale, design, materials, color and texture
which destroys historic relationships on the site.
4. Fails to retain the historic relationship between buildings and landscape
features of the setting.
November 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Billy Brown
221 Bonham Street
Paris, TX 75460
RE: Application forCertificate of Appropriateness
221 Bonham Street
Dear Mr. Brown:
The Historic Preservation Commission of the City of Paris has met and reviewed your
request for your application for Certificate of Appropriateness.
Your application has been den/ed by the Historic Preservation Commission (see attached
documents).
You may appeal the Historic Preservation Commission's decision by appealing to the
City of Paris' City Council within thirty (30) days of receipt of this letter. If you wish to appeal
to the City Council, please file a written application with the City Council through the office of
the City Clerk for review of the decision.
Sincerely,
Thomas E. Haynes
Historic Preservation Officer
TH:jw
Attachment
P.O. BOX 9037 " PARIS, TEXAS 75461-9037 · (903) 785-7511 · FAX (903) 785-8519
~ · Complete items 1, 2. and 3. Also complete A. Signature
ill item 4 if Restricted Delivery is.desired.
Print your name and address on the reverse i ~, ~ [] Agent
[] Addressee
i so that we can return the card to you.
, ' Attach th,s card to the back of the mailp,ece. B. Rece,vedby(Print,dNarne)
or on the front if space permits·
1. Article .~ddressed to: D. Is delh/ery address different from ~tern 1 ? [] Yes
if YES. enter delivery address below: [] NO
MR. BILLY BROWN
221 BONHAM STREET
PARIS, TX 75460 3. Se~,iceType
[] Certified M~Jl
[] Registered [] I ~! for Merchandise
· I [] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) ~ Yes
7003 1010 0001 2369 1024
PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-O3-ZA3985~
OFFiCiAL USE
B LLY BRO I
December 4, 2003
Mr. Billy C. Brown
221 Bonham
Paris, TX 75460
Dear Mr. Brown:
As per your request your name has been placed on the Monday, December 8, 2003,
City Council Meeting Agenda to conduct a public hearing pursuant to Section 7-163
of the Historic Preservation Ordinance and consider your appeal from the ruling of
the Historic Preservation Commission denying your application for a certificate of
appropriateness for a fence at 221 Bonham Street.
The City Council meeting will begin promptly at 6:00 o'clock p.m. It will be held in
Room 1206 of the Bobby R. Walters Applied Technology Building at Paris Junior
College, 2400 Clarksviile Street. This building is located directly across the street
from the Louis B. Williams Administration Building. You should use the west
entrance.
When your item is introduced, you will be asked to come forward to the podium and
state your name(s) and address(es) for the record and then proceed with
deliberation of your appeal.
If I may be of further assistance in this matter, please do not hesitate to contact me
in the future.
Sincerely,
Michael E. Malone
City Manager
MEM/as
P.O. BOX 9037 · PARIS, TEXAS 75461-9037 · (903) 785-7511 · FAX (903) 785-8519
REQUEST FOR APPEARANCE AT CITY COUNCIL MEETING
ADDRESS
TELEPHONE
REASON FOR APPEARANCE AT CITY COUNCIL MEETING:
Signature %
Michael E. Malone, City Manager
Received
RECEIVED ~0v 2 5 zoo3 .-
NO V 2 5 2003 c~'~. of.,..Pa.ris' .~
CITY MANAGER
PARIS, TEXAS
ORDINANCE NO. 2002-033 ~
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,
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,
Page 1 of 14
WHEREAS, the City Council of the City of Paris, Paris, Texas, in conjunction wiah 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 of the 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 of the 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,
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
Page 2 of 14
"Moving of Buildings,' and to renumber said Sections 7-71 through 7-100 as Sections 7-101
through 7-130 ~espectively. t
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 fxlrther 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 VII. HISTORIC PRESERVATION
Sec. 7-151. 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:
(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
Page 3 of 14
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) Commission created. 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.
(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) Officers. The chair and vice-chair of tl3e commission shall be elected by
and from members of the commission.
(d) Ex-officio. The director of community development shall serve as
ex-officio member of the commission.
(e) Powers. The powers of the commission shall include the authority to
Page 4 of 14
do the followin~: __
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 meetings;
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.
(f) Meetings. 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
of the commission. All meetings shall be held in conformance with the Texas Open
Meetings Act, Chapter 551, Texas Government Code.
(g) Quorum. 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.
Page 5 of 14
Scc. %154. Support staff and historic preservation officer. --
(a) Administration. 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) Coordination. The historic preservation officer will coordinate the
commission's and city's preservation activities with the county and appropriate
state and federal agencies, and will advise the commission on relevant issues.
Sec. 7-155. Designation of landmarks and historic districts.
(a) Designation. The city council may designate sites, buildings, structures,
landscapes and objects as landmarks, and areas as historic districts, 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) Criteria. A historic district may be established to preserve landmarks
and areas of exemplary architectural, archaeological, cultural, or historic value
provided such landmarks or areas have one or more of the following
characteristics:
1. 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;
3. Association with the lives of significant persons in our past;
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 because it has produced or can be expected
to produce data affecting theories of historic or prehistoric interest.
Page 6 of 14
(c) Regulations. Design guidelines and other appropriate regulations-
concerning the exterior and site development or redevelopment ora historic district
may be recommended by the commission and adopted by the City Council as part
of a district ordinance.
(d) Notice to affected property owners, hearings. 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) Recommendations. Upon receipt of written recommendation of the
commission, 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 pti>petty 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.'
Sec. 7-157. Certificates of appropriateness.
(a) Standards for certificates of appropriateness. 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.
Page 7 of 14
(b) Criteria for Approval. In considering an application for a certificate of-
appropriateness, the commission shall be guided by any adopted design guideline,
and where applicable, 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 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.
Page 8 of 14
'- 8. Every reasonable effort Shall be ~nade 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) Certificate of appropriateness required. 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 shall be obtained prior to the issuance of any building
permit, although the certificate of appropriateness review and building permit and
other required permit review processes may be conducted simultaneously. A
certificate of appropriateness may also be required for work not otherwise requiring
a building permit. The certificate of appropriateness shall be required in addition
to, and not in lieu of, any required building permit.
(d) Application for certificate. 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:
1. Name, address, and telephone number of applicant, and address of
affected property if different
2. Detailed description of proposed work
3. Current photographs of property including where available historic
photos.
4. Drawings of proposed changes or new construction, and samples of
materials.
Page 9 of 14
5. Other information deemed necessary by the commission for
clarification of the project t t t
(e) Approval of certificate. The commission shall deny, approve, or
approve with conditions any certificate of appropriateness 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) Decisions of the commission. 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
certified mail and a copy filed with the director of community development.
Sec. 7-158. Minor exterior alterations.
(a) Application review. If the director of community development
determines that the applicant is seeking a certificate of appropriateness to authorize
only minor exterior alterations, as defined in this section, the director shall review
the application to determine whether the proposed work complies with the
regulations contained in this section and all applicable historic district designation
ordinances and approve or deny the application within five wo~:king days of its
receipt.
(b) Appeal. Any interested person may appeal the director's decision by
submitting to the director a written request for appeal within 30 calendar days of
the director's decision. The written request for appeal starts the standard certificate
of appropriateness review procedure by the historic preservation commission. :
(c) Minor exterior alteration defined. 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.
Page 10 of 14
Sec. 7-159. Demolition permits.
t t
(a) Review of application for demolition permit. 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 ora 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:
1. Information describing the condition 'of the structure;
2. Estimated cost of restoration or repair;
3. 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 laridmark structure;
7. Any other information the director of community development finds
appropriate for the commission to render a decision on the
application.
(b) Public hearing on application. The commission shall hold a public
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 of application. 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
Page 11 of 14
preservation, demolition or removal of the structure will not create an adverse_
effect, it shall issue the certificate of appropriateness for demolition.
(d) Decision of 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 city clerk. All
decisions shall be in writing.
(e) Time limitation. 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.
(f) Demolition permits issued pursuant to orders of the building standards
commission exempt. This section shall not apply to applications for demolition
permits filed pursuant to orders of the building standards commission issued
pursuant to Article III of Chapter 7 of the Code of Ordinances.
Sec. 7-160. Initiation of process for designation of historic landmark or
district.
(a) Procedures. As set out herein, the procedure for adopting an ordinance
to establish or amend a historic landmark or district designation 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:
I. 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.
3. 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.
Page 12 of 14
(c) Orders of the buildings standards commisSion exempt. This section shalL
not apply to buildings or structures subject to orders of the building and standards
commission pursuant to Article III of Chapter 7 of the Code of Ordinances.
Sec. 7-161. Application for hardship relief.
(a) Criteria for hardship 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:
1. The property is incapable of earning a reasonable return on the
owner's investment.
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 hearing on the
hardship application 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 certificate of appropriateness 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 off'Ice of the city 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.
Page 13 of 14
Sec. 7-164. Penalties.
I t
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 as a separate offense.
Sections 7-165 - 7-180. Reserved."
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.
M~ch~el J. Pfieste~Ia~r
ATTEST:
APPROVED AS TO FORM:
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