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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: Page 14 of 14