Ord 3699 7/22/1980 ORDINANCE NO. /6f/
ORDINANCE AMENDING ORDINANCE NO. 3457, TO
CONTROL THE ISSUANCE OF BUILDING MOVING
PERMITS AND CURB CUT PERMITS TO CONFORM WITH
DEED RESTRICTIONS.
WHEREAS, Ordinance No. 3457, as amended, was adopted
to control the issuance of building permits for other than
single family residences, in order to simplify and make
deed restriction enforcement by the City as efficient and
practicable as possible; and,
WHEREAS, it is deemed advisable to extend such control
to the issuance of building moving permits and curb cut
permits.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 2 of Ordinance No. 3457 , as amended,
is hereby amended to read as follows:
"A person who desires a building permit to construct
a commercial building, or to construct a building whose
contemplated use is a commercial use, or who desires a
building moving permit or a curb cut permit to prepare a lot
for a commercial use, shall file with his application a
certified copy of any instrument which contains a restriction
on the use of or construction on the property described in
the application, together with a certified copy of any
amendment, judgment or other document affecting the use of
the property. "
SECTION 2. Section 3 of Ordinance No. 3457, as amended,
is hereby amended to read as follows:
"A person who desires a building permit to convert a
single family residence into a commercial building or into
a building to be used for a commercial use, or who desires
a curb cut permit to be used in the conversion of a single
family residence into a commercial building or into a
building to be used for a commercial use, shall file with
his application a certified copy of any instrument which
contains a restriction on the use of or construction of the
property described in the application, together with a
certified copy of any amendment, judgment, or other document
affecting the use of the property. "
SECTION 3 . Section 4 of Ordinance No. 3457, as amended,
is hereby amended to read as follows:
"If the restrictions, as modified by any amendment or
judgment, on the use of or construction on the property
described in the application filed under Section 2 or
Section 3 above prohibit a commercial building or a
commercial use, then such permit shall be denied by the
City. If the restrictions, as modified by amendment or
judgment, allow such a commercial building or commercial
use, and the applicant has complied with all ordinances
relating to such permit, then the City shall issue the permit. "
SECTION 4 . The fact that persons are presently applying
for building moving permits and curb cut permits, some of
which may be for the purpose of converting residential
property to commercial property, this ordinance is an
emergency measure on the ground of urgent public need for
the preservation of the safety of property of the City, and
it shall become effective upon its passage.
PASSED AND APPROVED this the 4,sA/ day of July, 1980.
MAYR
ATTEST:
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City Clerk
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