Ord 3457 4/24/1979 ORDINANCE NO. *5I7
A TEMPORARY ORDINANCE CONTROLLING THE ISSUANCE
OF BUILDING PERMITS FOR OTHER THAN SINGLE FAMILY RESIDENCES
TO CONFORM WITH DEED RESTRICTIONS.
WHEREAS , because of the destruction and damage of
thousands of homes in the City by the April 10, 1979, tornado
and the fact that the City has no comprehensive zoning
ordinance, the Board of Aldermen has deemed it advisable and
necessary for the City to enforce deed restrictions throughout
the City; in order to simplify and make such deed restriction
enforcement as efficient and practicable as possible, it is
deemed advisable and necessary to control the issuance of
building permits for other than single family residences .
to require that they conform with deed restrictions.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. When used in this ordinance, the following
terms shall have the meaning shown:
a. "Commercial building" means any building other
than a single family residence.
b. "Commercial use" means any use other than as
a single family residence.
c. "Person" means an individual, partnership, firm
or corporation.
SECTION 2. A person who desires a building permit to
construct a commercial building, or to construct a building
whose contemplated use is a commercial use, shall file with
his application a certified copy of any instrument which con-
tains 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 3. 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, shall
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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 4. If the restrictions 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 building permit shall be denied by
the Building Inspection Department. If the restrictions
allow such a commercial building or commercial use, and the
applicant has complied with all ordinances relating to
commercial building permits, then the Building Inspection
Department shall issue the permit.
SECTION 5. A person who attempts to construct a
commercial building or a building whose contemplated use is
a commercial use, or to convert a single family residence
into a commercial building or one whose use is contemplated as
a commercial use, without having obtained a building permit,
may be enjoined from any further construction activity until
he has complied with this ordinance, and he may be prosecuted
in Municipal Court under any applicable ordinance.
SECTION 6. This ordinance shall not apply to a person
who desires a building permit to reconstruct, substantially
repair or remodel a commercial building which existed prior
to the April 10, 1979, tornado.
SECTION 7 . This ordinance shall be automatically
repealed 360 days after the date of its adoption, unless the
Board of Aldermen extends it beyond that date.
SECTION 8. The damage and destruction to thousands of
homes in the City by the April 10, 1979, tornado creates an
emergency; this ordinance is declared to be an emergency
measure, and it shall become effective upon it passage.
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PASSED AND APPROVED this the oWiday of April, 1979 .
M A Y O 0
ATTEST:
City Clerk
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