05&06 Historic Overlay DistDRAFT
F:kAttorneykALICE\ORDWORK\CURRENTkDowntown Historic Overlay District #20rd 2004.wpd
January 30, 2004
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
AN HISTORIC OVERLAY DISTRICT #2 (HD-2) FOR A PORTION OF THE
CITY GENERALLY BOUNDED BY E. KAUFMAN STREET ON THE
NORTH, 3RD STREET S.E. ON THE EAST, A DISTANCE NORTH OF
HEARNE AVENUE ON THE SOUTH, AND 1ST STREET S.W. EXTENDING
TO A DISTANCE EAST OF 3RD STREET S.W. ON THE WEST, IN
ACCORDANCE WITH THE RECOMMENDATIONS OF THE PLANNING
AND ZONING COMMISSION AND THE HISTORIC PRESERVATION
COMMISSION, WHILE PRESERVING THE RESPECTIVE EXISTING USE
AND ZONING DESIGNATIONS OF THE PROPERTY INCLUDED
THEREIN; DESIGNATING THE BOUNDARIES OF THE HISTORIC
OVERLAY DISTRICT #2 (HD-2) 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 Paris Historic Preservation Commission, in accordance with the historic
preservation ordinance, identified a preliminary historic district and subsequently conducted a public
hearing on January 15, 2004, at 6:00 p.m., on said designation of an historic district for a portion of
the city generally bounded by E. Kaufman Street on the north, 3rd Street S.E. on the east, a distance
north of Hearne Avenue on the south, and 1 st Street S. W. extending to a distance east of 3rd Street
S.W. on the west; and,
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a
request from the Paris Historic Preservation Commission for an amendment to the zoning ordinance
of the City of Paris to designate a portion of the city generally bounded by E. Kaufman Street on the
north, 3rd Street S.E. on the east, a distance north of Hearne Avenue on the south, and 1st Street
S. W. extending to a distance east of 3rd Street S.W. on the west as an Historic 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,
-1-
WHEREAS, the Planning and Zoning Commission did, on February 2, 2004, at 5:30 p.m.,
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, on February 5, 2004, at 6:00 p.m.,
subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning
ordinance, and having considered the recommendations of the Paris Historic Preservation
Commission and the Planning and Zoning Commission and the testimony and evidence introduced
at said public hearings, 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 an HISTORIC
OVERLAY DISTRICT #2 (HD-2) be, and the same is hereby, established on a portion of the City
generally bounded by E. Kaufman Street on the north, 3rd Street S.E. on the east, a distance north
of Hearne Avenue on the south, and 1st Street S. W. extending to a distance east of 3rd Street S.W.
on the west, as recommended by the HISTORIC PRESERVATION COMMISSION and the
PLANNING AND ZONING COMMISSION, so as to include in such HISTORIC OVERLAY
DISTRICT #2 (HD-2) the hereinafter described property, while preserving the respective existing
use and zoning designations of the property included therein; and that the boundaries of said
HISTORIC OVERLAY DISTRICT #2 (HD-2) 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 Historic Overlay District #2 (HD-2) tying into the existing Historic District
established in Ordinance No. 2003-023 as shown on Exhibit A, attached hereto, and
being more particularly described as follows:
Starting at the intersection of W. Sherman Street and 1 st Street S.W., then
south along 1 st Street S.W. to Hearne Avenue, then east along Hearne Avenue to S.
Church Street, then north along S. Church Street to Kaufman Street. This is the
general description of the area with the following additions and exclusions:
-2-
The following lots are west of 1 st Street S.W. and shall be included in the
area: City Block 137, Lots 6, 6A, 7, 8, 9, 10, 11 and 12; City Block 149, Lots 6, 7,
8, 9, 10, 11, and 12; City Block 156, Lots 7, 8, 9, 10, 11, 12, and 13.
The following lots are east of S. Church Street and shall be included in the
area: City Block 181, Lots 1, 2, 3, 5, 6, and 9; City Block 140, Lots 1, 2, 3, 4, 4A,
5, 7, 8, 9, 10, 11, 12, 13, 14, and 15; City Block 159, Lots 1, 2, 3, 4, 7, 8, 9, 10, 11,
12, 15, 15B, 16, 17, and 18A.
The following lots are north of Hearne Avenue and shall be excluded from the
area: City Block 157, Lots 18, 19, 20, and 21; City Block 158-A, Lot 3.
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 all properties within the Historic Overlay District #2 (HD-2) 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, Paris, Texas:
The following Standards for Rehabilitation shall apply to rehabilitation of the exterior
only of all structures located in the Historic Overlay District #2 (HD-2), commonly
referred to as the Church Street 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, Sections 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 Historic Overlay
District #2 (HD-2) 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-
(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 March 1, 2004.
-4-
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 5th day of February, 2004.
ATTEST:
Curtis Fendley, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
-5-
ORDINANCE NO. 2003-023
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 DOWNIOWN AREA, IN
ACCORDANCE WITH THE RECOMMENDATIONS OF THE
PLANNING AND ZONING COMMISSION AND THE HISTORICAL
FRESERVATION COMblI$8ION~ WHILE I'REbERVIiSG TIlE
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 thc 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,
cvuiol-r J'~
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 Sonthwest corner of Bonham Street and 4th Street S.W.;
THENCE continuing Sonth 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 1st Street S.E.;
THENCE North along I st Street S.E. to Kaufman Street;
THENCE East along Kaufinan 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
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 tlxrough 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 preserYed. 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.
f7t 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.
(g) Significant Itrehe010 ieal 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
$2,000.00, and each and every day's continuance of any violation of the above-enumerated
sections shall constitute and be deemed a separate offense.
Section 6. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 7. That this ordinance shall become effective July 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 5th day of June, 2003.
ATTEST:
APPROVED AS TO FORM:
Curtis Fendley,',',','~ayor - ~
W E
HISTORICAL DISTRICTS 1 & 2
1-26-2004
AFFIDAVIT REQUEST FOR AMEHDMEHT TO ZONING ORDINANCE NO, 1710
STATE OF TEXAS
COUnTY.OF LANAR j
IIEFORE ME, the undersigned authority, on this day personally appeared
HISTORIC PRESERVATION CO~ITTEE ~ who upon oatl~ deposes and says:
Iii am STEVE METHVEN , and my address is
PHONE NUMBER
cI~ or ~ART~ and I have ~ proprietary
in property located within the corporate limits of the City of Paris being
described os follow~:
H~STORZC OWR~ DZSTRZCT ~ 2
"My interest in the above described property is CITY~" ,.
DisLr{ct to {tTF:TORT(~ OV~RI.AY nT~TRTC, T DlIJbrtct.
"in suppor~ of said request I make Um following answers to questions 1-4:
I, Will tim re-zoning be In accordance wt[h the'orJ.glnal comprehensive
zoning scheme, as represenbed by the pre-establl'shed zoning ordinance and the
long PanDa master plan .and map [l~a[ has been adopted by [J~e zoning ordinance?
2. Will tim re-zoned designation be compatible witl) the classification and
use of adjoining lands sq as to avoid adverse impact on neighbors?
3. Is the tract unsuitable for uses pemltted under the present zonlnq class-
)rlcatton; [heKeFore Justifying a change tn'zontn.q?
YES
~. Does the re.zoning bear a substantial r@la'tlon§hlp to tim public ImalB~
safety, morals or general welfare or protect end preserv~ h statical .and cultural
places and areas or meet a substantial public need?
~E$
. ~, BAS A COPY' OF T~E CAIIO DEED BEEN'SUBMITTED? SEe ~OUNg~E LrSTED
Signature of Applicant
SWONN TO AND SUBSCRIBED BEFORE ME, by the said
~y Df ,~O ..... ·
~otary Public, State of Texas
FILED: