Ord 419 8/30/1922 _ _1rdiiaance regulating algid controlling tr_e grw_ tiny cif -'ermits for the
erection of Certain usL ess -)uildinRs or t:_-e _o_Auact of Certain A us-
finesses -. ithin the residence -Districts of the city of '1'47iclaita L,. 11s ,
Defining a i.oside .ce District , o
providing for a -board of aplpeals
or .eview, _'resc_ibinb r,l Penalty and Declaring an 'Emergency.
;Ilk under a,nd by virtue of the terms and provisions
of the City Charter expreUs power and authority is co_Lferred upon
the _L�o `.rd of .'ldernien to prescribe certain districts within the City
of +'ichita .Falls for the purpose of regulating and controlling the
size , height , bulk and use of buildin-'s ::ithin such districts as well
.s to regulate and prohihit the erection of certain business houses
and the conduct of certain businesses within certain districts as
well as to regulate ; and,
i'1r r:rAS , it :Ls deemed advisable by the .hoard of 'Idermen
for the purpose of )romoting the public health, safety, order, con-
venience, prosperity and general welfare of the people of the City
of 7Jichita Falls to regulate the construction of business buildings
proposed to be built or :erected within the residence portions of the
City as well as to i egulate and control and prohibit the co-nAuct of
certain business therein which are deemed hazardous as well as hurt-
ful to the safety, health, good order and welfare of the people of
such desti/rcts ; and,
now,therefore,
n r i u 1 ( ' L� -'P; r ' u i
�L 11 UiDAli'd�D ��Y '1'.L�,� .,�JAt.� Jr LJ��:t:i_uI U�' �ti�. Vl`lY U
Section 1. That the term "B*,esidence District" as used
herein shall mean a district lying outside the fire limits of the
city of ':richita r'alls , in which a majority of the buildings are
residences or dwelling houses, occupied by families as residences
or places of abode , within a radius of three hundred feet from the
center of any proposed business hoase or proposed place of business.
Section u. That the term "business tuilding" as used
herein shall .Wean any building or other structure proposed to be used
for the sale of goods , :'cares or merchandise or that may be used as the
chief pl-.ce for trading or ba).tering or that may be used for any
manufacturing purpose or that may be used for advertising purposes
such as bill boards,
Section 3. -When any person shall be desirous of erecting
any business building in a residence district in the City of X+ichita
Zalls as the same is herein above defined, or shall be desirous of
operating or conducting any kind of a business for the sale, purchase
or .carter of goods , Glares , or merchandise other than the businesses
hereinafter s-pecially set forth in section - !- of this
Ordinance , such person or authorized agent shall made application
therefor to the Board of rildermen of the City of -Y+`ichita Falls upon
the application blank to be furnished by the City Clerk containing
a ritten statement showing the exact location of the said proposed
building or business to be operated or engaged in, and the general
character of buildings surrounding the same ; the exact plans and
specifications of the building proposed to be erected and the kind
of b-dsiness -propose:'. to be operated and conducted at said location
or in said proposed building, and said application shall give full
information as to all of the surrounding circumstances and location
of the proposed building or business to be engaged in.
That it shall be the dirty of the
or th oerson making such application, after the same has been rroperly
filled out, to file such application - it'll the City Clerk and it shall
be the duty of the City Clerk zxt to forti'Mith tra.asmit the same to
the -3oard of Aldermen for consideration. That should it appear to
the board of =Lldermen,after making the necessary examination of any
application so filed, that the ordinances of the City of Wichita
Falls are contemplated to be complied with as shown from the terms
i
of said application, the said Board of Lldermen shall grant such
permit to the said applicant, provided; however, if it should appear
to the Layor and board of Aldermen that the said building, when
constructed, in view of the purpose for which the proposed building
is to be used, or the proposed business to be operated or engaged
in, the same is likely to and will become hazardous in light of its
nearness or proximity to existing dwelling houses, and is likely
to readily communicate sire or render more hazardous the fire risks
of any such district , or should it appear, in view of the purposes
for which the proposed building is to be used, that the health of
the adjacent inhabitants or occupants of the said buildings will
I Greatly menaced end endangered, or should it appear to the
Board of Aldermen that the said building, in view of the purposes
for which it is proposed to be used, would seriously offend the
morals , good order, convenience , comfort, prosperity and general
welfare of the inhabitants adjacent to and residing in the said
district or persons owning property therein, it shall be the duty
•-i
of the board of Aldermen undir such circumstances or any or all of
the same, to order a public hearing to be had for the purpose of
inquiring into any and all such conditions and circumstances.
That it shall be the duty of the City Clerk to notify all persons
living within the said residence district as iiell �s other persons
affected, to appear at said hearing before the said :3oard of Alder-
men for the -eur-oose of giving testimony touching the matter of
granting such application; that inlieu of the said notice to be given
by the said City Clerk the Board may order that a public notice there-
of shall be published in the official newspa-per of the Cityof
ichita _o'alls , being a newspaper of general circulation, notifying
all -persons affected to appear and be heard in person or by attorney
or went ; that all such persons , including the �pplicaYit, shall be
given a full and fair hearing before the board on all matters touch-
ing the granting of said permit. That the City Clerk small issue
�orocess to all persons to appear and give testi--:ony at said hearing,
upon the request of the applicant, his agent or attorney, as well as
upon the request of any person whose property may be affected by
the of the said -)ermit. That the said. Board of rildermen
ray continue the said hearin; from day to day until all the facts
-(rave been, to their satisfaction, fully developed.
Section 4. That it shall be the duty of the board of
_1idermen grit-in a reasonable time after the conclusion of said
',.earing, to n.a:.e ail order upon any such application so heard. `ghat
the .__-oaxd of = lderrnen .ay, `�f ter heaxi.n�_, the evide,�ce , deny any
a-oDlication so mane for' a :permit there they deem that the -ranting
of tl're same 4r.`_11 injure the property or be hurtful to the --esidents
of said district as hereinabove stated, orovided, tha'-- all orders
made upon any application shall be made irl xit-ng arid the cause
fully stated by the Board of Aldermen for the de ryin`; of the same ,
and -provided further, however, t4iat the i3oard of Aldermen shall
never deny any permit There it is shown by the said a-oplicant that
by making certain changes or alterations in his proposed building
or plans and s�)ecificatio,ls , the said a0plicant may thereby
avoid injuring any adjacent property or persons residing in said dis-
trict in their rights as =_erein contempleated, provided, further,
o never, ghat the -ranting of any permit to erect a building as
orov ,ded by this section shall lever be construed to authorize the
dtict or establishment of any business described in Section
I eon ; that as to any such business_ as cescribed in said Sec ion
k `y hereof a soDarate application shall be made therefor, as provided
by said section. " hat should the said a-pplicant be a�7gri.evea or
:�,_issa tisfied by any order made by the uoa-.rd of cler:..en or, any
' application filed under this section, said applicant may appeal
from any sach final order to the Board of _ip_)eals or v.eviow as
hereinafter provided i'or.
Section -0. That no person shall establish, maintain
or conduct in a residence district of the Git,.:7 of ','Iichita Zalls
: -
as herein--above defined any of the hereiilafter described businesses
without first making a_}_,plication to the ..board of i1ldermen and
v_g
A
obtaining permit therefor, which application shall state the location
of the said business and the particular nature of the same and a gen-
eral description of the d,,rrellings or residences surrounding the same ;
that all such applications shall be made to the Uity Ulerk and address-
ed to the flayor and =oard of Aldermen, and upon the filing of any such
annlication the board of illderimen shall order a public hearing to be
had on the said application and it shall be the duty of the Uity
Clerk to notify all persons owning property or residing within said
district to amcear before the said Board at said hearing; tt_at in
lieu of •iving personal notice of the said nearing to the property
owners or persons residing in said district , the city Ulerk may,
upon the order of the Board of Alderi.len cause to be published in the
official news-
pa-per of the city of Wichita Falls , a iletirsoape-r of
general circulation, a notice of the said hearing, at which all per.-
sons affected by the said application shall have a full and fair
opi)ortunity to appear and give testimony colicernini7 all matters
touching the said application. That after the conclusion of the
said hearing the said board, ziithin a reasonable time , small make
a final order concerning such application, as may be warranted by
the facts ; that any person aggrieved by any final order of the
said Board shall have th right to appeal to the board of Appeals
or !-eview, as provided by 6ection k hereof; that the businesses
herein referred to are as follows , to-grit:
E_ospitals , insane asylums , livery stables , steam
laundries , brick yards, lumber yards , public garages , repair shops
for motor vehicles , gasoline or oil filling stations , funk _,-ards,
wood yards , coal yards , stables or wagon yards for mope than four
mules or horses , ice manufacturing plants , cotton gins , blacksmith
shops, horse shoeing shops , wagon shops , steam sawmill or planning
mill, cersent products plant, cleaning and dyeing establishments ,
furniture factory, dance hall, ±±=x3EWkxxgK oil yards for the
storage of oils or gasoline, glue factory, slaughter houses, soap
factory, picture show, marble yard, boiler works , storage places
for hay, feed or other combustible substances , places for the
manufacture of gas , dairy, or any factory or aanufactaring establish-
k�.
meat , the conduct of which business , in the opinion of the board of
aldermen, _nay prove injurious to the health, safety, morals , comfort
or welfare of the inhabitants of the particular residence district ,
in the enjoyment of their homes and the use of their --roperty.
Section 6. �That there be and is hereby created a board
to be ,1Lnown as the ijoard of Appeals or tievieiv which shall be composed
of reputable citizens and taxpayers of the City of iVichita Falls
r' o shall mold their off' ce�f,Ard the period of one year, and Fa'iio shall
be appointed appointed by the ria r�n the manner provided by the Gity Charter
A
for the appointment of officers and before taking their office shall
take the oath prescribed by the constitution and, execute a. bond -in
the sum- of at least vne 'I.'housand Dollars, payable to, -the_City -af
richi_ta :Falls., conditioned for the faithful performance of their
dui-e- and they shall receive such compensation as may be fixed
at the date of their aproointment by the iiayor and board of Aldermen,
and shall be subject to the same qualifications and disqualifications
as -orovided by the City Charter governing other o-i-ficers. . that the
said board or any member thereof may be re!.,oved from office by the
order of the - board of Alder-
men, provided, that in any such case a full statement of the reason
for removal shall be given either by the iayor or the board of
aldermen. That the said board shall perform the duties herein
prescribed and such other duties as may from time to time be ordered
or directed by the board of Aldermen, of the uit,-i of 'ichita 1'alls .
Section 7. That it shall be the duty of the said -3oard
upon application to it by any person aggrieved or dissatisfied with
any order, requirement, decision or determination of the board of
Aldermen concerning any application to erect any building in the
residence district of the Git'jof siichita 'cells or to conduct any
business in a residence district of the Gity of �iichita i:'alls as
hereinabove defined, to Give a full and fair hearing to any such
person and the said board aiid each member thereof shall have the
power to administer oath�and to hear testimony touching upon any
order, requirement, decision or determination made by the said
have
board of Aldermen arid_ for such -curpose the said board shallAthe
power to require the attendance of witnesses and to issue process
for same as such poorer is now conferred upon the said .hoard to
require process to be issued whenever applied for by any applicant
or his attorney. .'hat the ,.iayor shall appoint the 2resident of the
said Board and the said _ oard shall -)rovide such rules for the
governing of their meetings and the order of -their business.; as may
be deemed advisable and shall fix and determine the time of hearings
to be given to all persons aggrieved, provided, that it shall be the
duty of the person aggrieved to maize application to the said board
of Appeals or i-:eview within five daQ?s from the date of the final
order or decision complained against , unless the time is extended
by the said Board of Appeals or heview.
Section 8. 'ghat the said .board of Ap-:peals or L eview
shall, after said hearin^,, if it deems any action taken by the said
-oard. of Aldermen to be inequitable or unjust, modify any such order
or decision and in all such cases they shall certify their action
to the said Board of Llder Ien, and it shall be the duty of the said
.board of -ildermen to thereafter c1lange their former order so as to
donform to the said ruling grade by the said -�.oard of Appeals or
i_evie`rr.
Section 9. 12hat ahenever any applicant for a permit
rnr�,y feel agF,,-rieved or dissatisfied by any order, re(juirement or
decision made by the .board of ldermen he r.aay give notice to the
Board of Alder en of ' is intention to appeal to the said -board of
<Ipeals or !review, which notice shall be ereserved in the records
of the City Clerk or other officer keeping the records , and it shall
be the duty of the City Clerk to notify the 2xesident of the -board
of A-oteals or -.eview of the action taken by said ap_licant and to
thereafter present before the said i?oard of Appeals or L.'eview the
application of the said applicant made before the -board of Aldermen
including all other papers filed touching; the matter, and, together
• with a substantial record of the testimony taken before the said
Board and the same shall be delivered to the said board of Ap_)eals
or evievi. What the said .�Joard of Ap Deals or i=:eview shall notify
the said applicant of the date of the hearing as .-rell as give Lp:tice
m
tc all persons affected, as provided by the Charter, provided, that
a notice nay be published in the official neWspaper of the City of
lichita Falls in lieu of -oorsonal notice as hareiiiaf ter provided for.
uection 10. That in all hearings had before the i3oa.rd of
lderimen or the Board of I -peals or .eview, both of said bodies shall
have the full poorer and authority to summon �ritnesses and require
their attendance and punish y`or contempt any disobedience of their
pi,ocesr3 as such )o*.rer is other-�-rise col.ferred upon the Board of
aldermen by the Charter. That all procesl:3 shall be served by the
Chief of Lolice or any police officer of the City of ;i`ichita Falls ;
that ,henover it may be impracticable, upon any hearing before the
--�oard of aldermen or the Board of Appeals or revieyr, in any matter
wherein a hearing; is re yitired by the terms of this ordinance , to
rewire the personal presence of ^11 persons a-"L'ected or that in
case of xx non-resident pro. ert,y o-,.rners, a notice shall be published
in the official newspa.oer of the Uity of ,ichita zalls , oeing a
ne7�%soaper of -moral circulation, notifying .11 persons affected,
including rlon-residents or ab;Dent paroperty owners , of the date of
such hearing an y. -iv':-rig c._ gener:`al description of the IIlatter pe_ldirtg
before the said board; such notice shall be published three times
in tha official lie-rrspa-f)er of said city, tI,_e First of which ,)ublica-
tion shall be at least t-�renty days ->rior to the _late of hearing
Section 11. hat in all matters c)ertai.ning to ail a-opeal
to the -board of Ap-,eals or .:review the rporson ag •riev,D-1 or dissatis-
fied lay have the right to r:1a--_o such appeal, rovided the same is
made in the ma,iner herein above state.-I, and in addition thereto
-,There any order is made by the -:-Doard of Alder-lea tirhich may affect
the -ri s of pro perty o',.Tners `'21 a r)-pea1 may be to�ei1 by at least
uwo Property owners so aggrieved by any final order made. h.`_;t
appeals , shall be alloWed from action of the Board oflderr:yen only
on final orders .Wade by said board.
Section 12. That wherever the t ;rra "parson" is used in
this ordinance the same shall mean nn� ars ons , association
of ,persons or corporation o_° t leir al7e_ is or any servant or employe
of any such person or corporation.
L
�Dection 13. rhat any porson violati:�lg any of the provi-
sions of this ordinance , shall upon conviction, be fined in any sum
not e---�:eeeding w200.00 and each and every day that the provisions of
tilis ordinance are violated small constitute a separate and distinct
offense. That in addition to the said penalty herein -provided for
the ri,Tht is hereby co iferred and extend3i unto any property owner
o ruing �ro_7e-rty in any district, T'nere such property ow.-Lers ' right
ma be affected or i..vaded, b , aviolation of the terms of the
ordinc.nce to brim; suit in such court or co,irts having jurisdiction
thereof and obtain such re:jedies as may be available at law or
equity in the protection of the rights of such -pro-perty owners.
Section 14. That wherever any applicant may be refused
any permit under the terms of this ordinance nothing herein contained
shall prevent any such a-�)plicant from resorting to the courts and
obtaining by proper remedy in a court of competent jurisdiction
such orders by way of zidamus of or otherwise , and bringin in
review the action of the said 13oard of lldermen or the action of
the said -board of Appeals or review complained agai ist by the said
a;r�licant.
Section 15. That for the purpose of preserving a record
of earings ;_riven on all applica,tions filed with the board of
Aldermen or the board of AT,)-,eals or iieview a substantial statement
of the evidence heard upon any such hearing shall be red,.iced to
-„riting and a record kept of the s-)me ; th_?t the City Clerk s�_Lall
safely veep all papers filed and other records made upon the i_earings
concer-iiilg the transactions of tine said -oard of Alderrlen and the
Board of A?)Fleals or L.eview and the same shall be made a �oart of the
archives of his office .
Section 16. ghat t -is ordinance shall be deemed to be
cumulative of arid. in addition to all otiler ordinances on the same or
similar ;subjects and shall supersede protanto only such ordinances
directly in conflict z. rerith ; that if fo- any reason should any
section, . e.itelice or classification or any _E7art of this ordinalice be
declared invalid the same shall not affect any other valid sentel.ce ,
classification or portion thereof, an should there arise at any
0
,time a controversy concerning the denial of any application and resort
is taken by the applicant to the courts and for reason should the court
hold that the said applicant is entitled to said permit apI)lied for,
the same shall not affect the terms and {provisions of this ordinance
relating to any other application not involved in said suit, provided,
nothing herein shall be construed to preclude the City of 7,ichita i'alls
from appealing from the judgment or decision rendered by any court,
in accordance with the law regulating ap_)eals to higher courts.
Section 17. This ordinance shall expressly repeal that
certain ordinance pasted by the board of Yldermnen on the lst day of
Idarch 1917 and beinm Ordinance ldo. 239 , and recorded in Vol. 2, ,age
175 of the ordinance liecords of the Uity of d`,'ichita .Falls and entitled
"An Ordinance providing regulations for the location, erection and
construction of business buildings and business structures in the
residence portions of the City of 'iichita balls , defining residence
portions , providing a penalty.
erection 18. 'Whereas , on account of the fact that there
does not exist any adequate law overning and controlling the issuing
of -oermits and regulating business buildings of the conduct of certain
businesses in the City of k icnita Falls in residence portions of the
City of '.uichita ' lls , and because of the great and widespread harm
that is done to citizens residing in residence sections of the City,
due to the abse.:ce of any adequate law protecting such citizens in
their property rights and enjoyment of their residence , creates an
,,rgency and an emergency in behalf of the immediate preservation
Of the -public health, morals and youblic safety that this ordinance
become effective upon its passage and it is accordingly so ordained
that this ordinance shall be come a—Id tame effect from and after its
passage as in the uliarter in such cases made aid ,-rovided.
amassed on this the th day of AuTast 1922'. A. proved
the 30th day of Lagust 1922.
Attest : Q
iia:o r
City Clerk
Approved as to form
U. , kttornev
\.,railiance regulating, aiid controlling ti-ie c-rp,-Ainp: of �armits for the
.,jection of Certain -7usilless Duildi),gs O:e t.ie � o,id.act of ertain ;3us-
inesses ',rttlhtin the asidorica AstriCtG Of tA0 Of U
Dnfi,"Anp,, ,s --asida,,ice District,
._I.c)vidinp Yor a ._-jo.-Ird o-l" -pp-_,.1s
Or _ eviewf _:-:v,iqc-ribing _. tinalty and Dociaring, all ;�-_Iarrency.
A -�)rovisions
1.3, under and by virtue of the terms all-
_j- , t ty 4'- r,;� loll
,_ I � ,)_tjjoa� is eo _
of ti�e City Charter ex-0re,--s pow- Up
the o- rd. of AlderTAien to Pxoscribe cnrt�iin district:,- within ;he City
of . ichita illails for the 'cjuxijoan of
sizc , ho1p�11t. bullt-_ ::. if'-_, i-zs oT b Lildiris iiinuch well
0 I'egulatq jarproaihit tho arection of cort tUin bdsineas hOUSE'S
-.nd the conduct of cortain businesses witrilin cort',st-in distaActs
y7011 S to regu
late;
it 'Ls deoi-,iod advisaiblo by the board of !,.ldermen
for t'r.ta i-l�L; oose of ;romotini�- the p-ab"! is haaltf-�, safet-,;, oxd-r, con-
t - _. - - t I
voTIie.nee. pros"P ority and ge.neral tijpjj'L 1:0 of tlio poopl,e of the pity
of i7ichitn Falls to a al to, tlqr, col-stittet-Lon of busines.,; 1),11�ildincgs
0 " L r!�--ctod witlir th
, -, p0l-tionls of the
r 0 oo s r"d ce "' o.ilt o- -.
Gity as I'Voll 'to _. afnutlate :7,yij control 1.�)rohibit re col-Auct of
c_jytairi business t.',-eroin which P..re deemed as viell = s hurt-
ful to t-he safety, good ordox ai-.d �Ojfare of the people of
such destirets; t,.nd,
bul
It nov,there fore,
i-IDAiii D ;Y _M; z 0 i_ D
1 T
Section 1, That Uo terpt, Distriet" -s ILSod
herein shall mean a district lying outside the fire limits of the
city of i�lc'aita Valk, in whicI,.-, a majority of the buildings are
x1sidencos ox dwellin[-.r, houses, occupied by families as residences
or places of abode, wit liili a radius of three hundred fast from the
center of any proposed buaines., ho"iso or proposed plvca of business.
Soction 'Chat the t-irm "Bus-Iness 11c in I U3 d
a
hirn-In shall mean nny building," or str,ze-ture f)r000aed to bo used
for trio sale of goods, or merelia-IOAse or th,,,A c:,,,ay be usod as the
chief -pJl, cc for trading or baWterin-, or that may be used for "Id'y
mt-�,nufacturin� or that may be uc;od Tor ta,"vertising purpooes
such ao bill boards,
�oction 3. any -oerson sk."Pll 06 desirous of or- oting
any business building in a r.c.'sidinci district in t-Ina uity of _.'a!C'I-Ata
all. _ic t ho s amo is o in in v b ov-- doff ,,i d z:'--all be dpoi of
o -Yatllir or coliductin- a.-,.y Jaind of u busiilos , for tha sale. p-ircenase
or 11,arter of goods, ..,ara3 , or merch.andise, oth,Ir thn fJ'Ie b4sLao'c".300
horninaft-3r specially s�3t forth in saction of this
Ordinance, such poison or authorized agent ahall nia_j;�e aof3lie''tion
ther-ofor to the . oard of _,Idarimen of tj'1.0 uLty' of '. ic,Atu IL'alla -',koon
the hlcak to be farnisae,. ;jy the U14-ty Uler'411- coiitaiali-ig
u-:r-,.t-IUon stata,,,iant showinp,, the axact location of tho said proposed
building or busiiieo,", to bo operated or ofigaoed ili, and ti.q c'01-A Yal
e'-, 51-racter of bdiLlc,ings u2:rounc11 ng tl-io safia ; th . oxact ri,3 'I nd
s-)ecifications of the building pro!? )so�' to be orect."id grA tlia itci.(Id
of blisiness propose " to bo operated ,7, .(1- c,,jiduetod at So ILd locat ion
or in said proposed building, and said af)-olication shall rive full
i.-kforivation as to 11 o' the s-cizrozudint- eircimctances and locat Lon
of Vic-) proposed build.*Lni7-L or businc- 3,',:, to
at it shall bo tjle laty of the
or 'k;h .3:3on 0 ac.:i ap-i-,'Li-cation, nftar tivl" sviae I I"_-t s boeja --�'operly
fill!�d out, to ±ilo ouch a)-olicatioit .'fith tha GILtY G 1 a rk, and. it shall
be 151-io duty of the City Llor 15o for tIrIIILth troa isf,iit tli's sama to
the %oard of Aldermen for coi:isideratiou. '2hat shloald it aooear to
the tj'oard of Aldermen.after making the necessary examination of any
a--,)plication so filed, that 11-jho ordinances of the City of 'dichita
Falls are contemplated to be complied with as shown from the terms
of said application, the said -board of Aldermen shall grant such
permit to the said applicant, provided, however, if it should yap )ear
to the mayor and .-Joard of Aldermen that the said building, when
constructed. in view of the purpose for which the proposed building
is to be used, or the proposed business to be operated or engaged
in, the same is likely to and will become hazardous in light of its
nearness or proximity to existing, dwelling houses, and is likely
to readily communicate fire, or rur;0_or more hazardous the fire risks
of any ouch district, or ;should it an-ear in view of the purposes
for r,�Ach tlie -.proposed building is to be ulod, tat tho I-lealth of
the ad-*S-Ic, nt LIIIPOA-Iu-,,}nts oi- occuoaiits of tho said 1..)uildings Will
t-ly me,e,�d i-A � ni,:7,o ed, ox° ohoulcl JLt a ! oar to the
of ...Ideniieln the Vh,) _I-aid buildin,7,, in view of tsio
for w.:Ach it is _,ropo,30:,fI. to 'ho usei.,i, wouLld s-'rio"usly offend the
morels, good order, conve.irtience, comfort, p.-AoF-,,-,,.)GritY and geaoraj
welfare of the inha;'Ataiits adjaceiit to and roo ',Ainp. .111 the S�Ad
district or oerso-as ow,-A.-I,,- tnerailn, it ohill be "Aifle duty
of the of "I.Idermen tvid,-.r saclh, e'_jXC7 o" fj_IV 01C. all of
the same, to order a, -�ubllc hwarinh to )).i lud ;'or the puxposa of
iaz -ti-rin", LAO any nll such co.Ziddltions �,Iad c ire amai-aace s.
f t' e sty t.c) �.otify all pot--sons
.�Ilat it shall b:) the .Jut-,,
llvinf.., �Tlthiii the �,,,aid zosi�.Pr"I'Ico �(,.t as -17-oi other parsons;
affect3d, to appear at said hoaring befora tili said ,;,o,�):rd of Alder-
men ;for the _)ur..)ose if 7ivIag testimony touching the matter of
granting such application; that inlieu of tho, eald notice to be liven
by the said City clerk the ;joa:cd way oicdo:o thcat a dublic notice there-
of shall be published in the official l ro,,,vspaIoex of tile city of
74 ichita bairn; a i.,owspaper of ge�:iarjnl ciXe-alatioll, �,otifying
all persons affectod to ao-pear a,-id �e heard in pardon or by attorney
or agent; that all lsui2h ?ersons, Licluding tha applicant, shall be
given a full and fair hoariar 'before the 3oard on all imatters touch-
ing the granting of said )ermit. That the City Clerk shall issue
process to all persons to a) )ear q-.,Id 'give testimony at said bearing,
upon the request of the applicant, his agent or attorney, as well as
upon the request of any person whose property may be affected by
the -ranting of the said T?ermit4 That the said Board of tjldermen
-nay continue the said hearin- from day to day until all -,he facts
nava 3oon, to Vrialr Kati y fact Ion, 1-ully 1-�v,31opod.
Section 4. 'That it shall W tho duty of the Board of
Aldermen. within a time aft or ti-lo cona usion of said
'Laearli-q- to V-U IWIY 3,1011, 'A.`oIleat5.on so 'Llhat
j.,
,t-ie -oard of aft or hoa�cin�-.� the _,;videLcG, "Liaw any
r-n-Olica."Uion so 7If-.,Ao I-or 4 ,ermit 5hlnr:, tAoy doam that the 7ranting
of t oar-'I'l W'_11 injuxo t.,,,e pro-,?exty os oo airbfj -,.zl to i,,he _, esidents
of said district as Karel above stvtted, provided, t1lal., .-,,11 ordirs
made upon -Liy s. all be i-lado La -arit :n,`- ,_,d the cause
fully stated by tlt7i 3oard of _111en--ion for tho do,,yin,,,_" of the same,
and 4n'-ovidod furt`lax iowevor, at tkie '-.5oaxd of :iICLaripaii siiall
never 6.ariy any permit -aha-L'a Lt is alowi by U_'Io sa id -a:.j:plicant that
by maki-ap,• certain chaji:,,as or ait-ol-ations in Lis building
or L)L.dis and xxg s:aocificatio-ra, tile suld cl,)plicant may thexaby
avoid injuring -a,,q adjacent pro-perty or _,00rsons xosiding in said dis-
trict in their rifrIits as --rein eotItanipin,tod, f):Covidf3d, :C'112-th0r,
&-, )0 .O"U1 0-171 e V 0 1, tho _,xa.-,tIng of o9ruit to or, d i 11?, ,-1 S
Provided by '.-his sactLon ell all 0-10 1"O_nJtruf,-O. -do authorize the
conduct or establishment of any business described in 3ection
h-,r?of; that as to -,;:Lch businas,_,, tus `csci-ibed in sal.d
haroof a sooarate a.-oi)licntion ohall be made therefor, as provided
by said section. <hat should the s%id &,pplicant be a, ;grieved or
,lissctisfied by any order made by the jjoaxd of Ald)r-..en op, any
application filed under t1lis section, saia applicant may appeal
from any such final order to the Board of ;Ipj)ealv, or !,eview as
hereinafter provided for.
6ection b. That no person shall establish, maintain
or conduct in a residence district of the City of Ii'ichita Falls
as hereinabove defined any of the hereinafter described businesses
without first making application to the board of Alderimn and
obtaining pormit therefor. wfAch application shall state the location
of till,e said business and the particular aature of the same and a gen-
eral of tho daellll: rs o-a- surrwanding t-lin same;
that all such applications s1hall be ciada to the uil
vy lark and address-
ad to the Rayor a.,A1. d of 'Idoxiie-AL, -_tid upon the filing of any such
a-1polication the _,,,soard o.J7 Alder-men shall order a r.ublic hearixig to be
had on the saia ao-jilcation and it of,.all be the datz"- of the 'AADY
Clark -I;o 11otify p;.,roo..,-.,, 0`.1111'1.1�° ;iroperty or residing within said
district to a-ooaar Oeforo IU ie said 3;o,rd at Coaxing; treat in
lieu of ---iv1x_-LF L 11 V U
persoi-iil - otleB of th-9 sal(l 'i,)axing to 'he property
0r1"I'le.us or Oer,30113 L-, SOLI 461110 UILty .,lork
upon tke order of L'-_e of ...-T-13xiiOn CaUSO to 00 ,)ublishad in the
official of th') Uit,y of ., Ici-iita x0ails, a 1.,�)aa,..).:.!_,-3: of
g.enera-1 elrc-alat;ion, a, notice oi' tlio ,:,�'Lid iiaa.Li_ag, at per-
sons tv'Lfected oy said t )r)lication Shall _avo full and fair
o-.,-),?oSt1-w_1t,v to a,-vapar a ,d give a.Li matters
touchliisg the said �,.-,)pllcation. That aft-ix lu-tao coilclusio.a of IQ-Ila
said hearing ti,�e said i3oaxcl, a -_! oa- sojic-0)ln time, sriall make
a fLlal order eoneerri:L-,r- lueln, �ao-olicatLot:I, Mt-t `0 -ited by
the -11"acts ; that any -p- r-so.a at!,-- -riov,:)d 'jy order of the
said aboard_ ahiall 'l-iave t'-� xl�,!*Ilt to to of appm3als
or 1,.oview, 9s providn- d by ,ectlon car �flf; that ��Ihe tjusi-1,,-,s.,.,.as
;no 1,
herein waferrad to :,f)a"n. follows, t 0-,.A t
oc oltals, iaA aj-10 acylumsc. livery stables steam
launaries, brick yards, lumber yards, public garagos, rap,:it ol"ri;cps
for motor vehicles, asol iQ or oil stations . j=_k ,ards,
wood yards, coal yards, stan.las or lv,-iagon yards for mo.L°e than four
mules o�• horses, ica plv.nts, cotton g.Lns, 6- neksmith
shops, horse shoeing shops, wagon shops, steam sawmill or planning
mill, cement products plant, clea-ning,• and dyeing establishments,
furniture factory, dance hall, x oil yards for the
storage of oils or gasoline, glue factory, slaughter houses, soap
factory, picture show, marble yard, boiler works, storage places
for hay, feed or other combustible substances, places for the
;-zianufacture of gas, dairy, oz any factory or manufacturing establish-
vent, Lh,-3 conduct of which business, -;n the opinion of the Board of
tildermen, may prove injurious to the health, safety, morals. comfort
or welfare of the L-Aiabitants of the )articular rasi(,I
ence district,
in the enjoyajoilt Of 16-11,3-ir homes and tlie use of triair property.
6ection 6. That there b,3 and Is h-:3reby created a ",Board
to be known as tn3 Joaxd of or .1-1oviaw w,,,-,Ich shall jo composed
of ice`" reputable citizons tax7g.,_,-tyers of tAo city of Wichita Falls
p d ii,
w shallio sall riolll off ja�-_ for the 7)criod of one year, an, v 0 shall
'2
-be a,_)poLated by the Awaq� Lji the by the Cil Gy r t 0 r
for the appointL�31 t Of Of 'icc-s Uuwtj-ioir Office Shall
0: Y L.13 COAStit-UtiOn
take t"na J66"u-11
41
:�i ou, -a, z?a:yable- tar th,4 Uit,Y-7
faithful. 3aafoxmaice of t1lalr
dV*+*o r; C04V S -iry be fixed
such compensatiol a
at the date of their a ; )O1j1tT'fi0Z1t 'ry the, yor and :Joard of Aldermen,
"LL"'"t ions u-n1d CU-squalifiCations
and shf-11 be s-1�01)Joct to t77LA,'
'ity ut'l-= 0 fic�0TES. .:hat the
"s ;)I�OvLdod ILY t1'L e
ovo-, from 0-�Ificc the
said of VRY L'
of Y der-
or cl r o-J' the
-Tie son
men, Drovided', that-. in j� liy �3-L 0 t xea
LCPL
for ze: ioval shc-_11 A b,; Os.` IV-11P koazd of
That the Sp .,Ira
"ldermen. d i.0 C
.3 .I�jvr -,,j:Ojj til:1,o, to t be ordered
h
or dirocted -by the, -board of 1,.lC*terjjen% of the Git;;. oi.' ',.ichita
-the dut-y o " tho said -, oard
oac-tion 7. .ghat it shall be
-upon a-Pplicati on to It by any person agf7rieved or dis;_atisfie& with
any order, j_-0qaij0rjj_Lnt, decisi.on or ueterainati011 of zhe �oasd of
U any baijaiiig In the
Aldermon concorri:Uri,�- arlY ' 0 ":Oct
raBijoneo district Of t�,e 'it-L L _,LjlS or to C-Oj.'dUC'W any
business ill a ,"osidence district Of t'qO Uity of ichita falls as
to 7iv(. g LL
horeinabove defined, , r. full fair hearing to any such
person aad the said Board aLid each member thar,,,)of a-'-iall hays the
power to administer oath and to hear testimony touchinF, upon any
order, requirement, decision or determination riade by the said
have
Board of Alderman an(I for such purpose the said Board shallAt-he
U -o e -process
power to - eq-tjire uitnosses and t 88-M
for same as such power is now conferred upon the zaid Board to
require process to be issued whenever for b,77, any sp-.)Jicant
4 U �rasldint of the
I J
or his attorney. at the -a or s",R11 )-,:-�Oint -4--)
said 13oard and the said oard shiall ..�rovldo each i-ulos fo:f, th-e
0 s a,,their (�,Icotjnf- id the or(jor of their busines as my
,,,All U Ij
_ fix a,1C, det(,,, :gji!,,�, -he of hoaa:i.ngs
be decnad adviaabi,3 ax.,Ld. :zI
to bi -Aven. to all p3rs that it sh,911 )o the
,oils ap7c.rieved, )rovided., t,
d,at�'-, of the parson argi7iovod to to the said ijoard
of is or .:7-eview --.VitI-,Lj -,,,iv(3 dcas from the elate of -'u-h,3 final,
order or tj-cj t:je -i e I-s
-sion eomolaii-,.ed a- List, unless
by th-? said Bo and --)f r 3v1, v,-
Section 3. w
-1 t of �p ,:oals, or 'ieV e
jJ.' it ;Jeomc- a,-,y act-L- n t-I'l-L-01-1 by the said
s'aall. , a-JI.,ter Sc-i-a lo ',Li
njo�)ify aln,, �-ch ord,.r
tUoard of derir,-.en to ar,
or Jocision and in all :Y-uch cE, ; Nall
c,lxtifj their action
to -151,lo said b3ard of —,c 1,,Lty of th-3 said
.3oard of -ilderman to tlriorlaf;-er 1,1--olr foa:mer ordea: so as to
donform to the s--1,id -1ado b,-Yr bulk n 16. Zofl?'d Of -PPOEI-13 Or
0, i!-�rmit
C t 1 on 9.
m,qy f,111 ag7rieved or or
docis-Lon by of ho -ia Ive A-Of ' Q(3 lo the
P,oard. of Alder-men of hiS int8lltiOn to -'-ppeal to the said Board of
I s
.;.ppeals or j-.aview, which notice 3--Lall bO .,,,reserved in. the record
of the City Clerk or other officer the records, vul.-d it shall
ba the daty of the City Clark to notify the f2rosldent of t1le joard
of Ap teals or 1:.eview of the action tkkoll ty Said ap-,licant and to
thereafter .resent before the said I.,loard of Appeals or Eeview the
application of the said applicant ,lade before the ]3oard of Aldermen
including all other papers filed touching the matter, al.-Id, together
with a substantial record of the testimony taken before the said
3oard and the same shall be delivered to t-ho said Board of Lp-peals
or Review. That the said Board of Appeals or review shall notify
the said applicant of the date of the hearing as well as give notice
to all persons affected, as orovided by -'U-he Chartor, provided, that
a notice may be pubitshod in tho official news-3aper of the City of
"Ichita Falls In lion of ),-�rsonnl aot ce c-Ls h,ixoiaaftor provided 2or.
f �
6 ',--i notion 10. That in all ra i s 00OV J, -3 tf'LO of
Aldermen or the lljoard of or -review, both of said bodies shall
nave the full ?! o-aar aid a.-athority to sum-ion V.ritdlesses, and �:oq!lire
their attendance t nd -punish J'or coirlu�)uipt any (TiSobediei-ice of ;.!'Ie:lr
)iocns-s cas sae-'.i ;o,-,,)r is ot'(I-,--"wIso irpon the 3oard of
,,% erTften i-jy the Chart,-)2. ft J, J-, -'t -;_.L 6I
-cc)c e s ; I be ioyved )y the
CIA'Of of "Olico -)'r tiiV -)O11co of t.'(Io City of .','ichit&. halls;
thst ,-I-tE,!nivqr it 1,0 ,,tooii ,-t-xr re- the
J. �;J-Q
-
.!3oard of 11(linrion oi: 451f),- :L"t 0-` or or
wher011"1 r 1:11 1111 13, 11" rnn'-' tilis to
of or t)-vat in
case 0? Mg .-t notice b-i 11,a7blished
in tie official nets on-,)r of thn o-f ':ichlta a
4- 1 -1 A.4 1.-)orso �,is dfoeted,
]'IeWS'19'10�3x 01
o--,- rt',; .-int ,--, oI)nrt;v oJ7 tho euntl- of
Such
V tiiT'
the Said 10 "Ief)
U I
ica-
i n 45 0 C r G- a Q
o f
tiorl shall ]ja tit 1,nf;,st -V-,Lre,-ty )xio:," 1-0 ti-io a 'l, bra
,30ction *_l. -'riat in 7 ,11. ;,,Ic r t a to F- j. ai)-oaal
S
1
to the, -.vard of 3 ol'
find -Iay 'a--vr,- t-',io ri,-ht to suc.h '-.O--;a'al' rovido"I smile is
-4 ha ma;in or Ih, r o t:4bove made in U -11
whare aay oraer iz-t -,ado by tho ij,o-rd of ,-10LerT�7,on tdiich !Lzy ti i"Afct c t
the rir-hts of pro-)ertr, bc! taken by Alt least
two ?)rooerty ov"I'lor1r; so lry; zl,--g oidor iiiade. I'I i t
appeals, shall be alloaed frora actiori of the -'�i-xd of oiay
oai J'Lial ordors marl e by ocaid -,3oaxd.
3action 12. i!h,,�t wKirevar tho tuirr,�i .'Porson" is used in
this ordinance the same shall mean any -�-,orson oa: persons, association
of persons or corporation or their a,77o2lts or any servant or employe
of any such person or corporation.
_1y _9:3r,,Oaq violating any of the prOvi-
flint -
&Ina fined in any SuM
�,IC3' 3n&jI upon (.�On,,ric,jon, bn
Slone of this or
U
,lot n-,ccoedlng '��A.00.00 and each a.'ad 3v2r,� daY thR'� U., of
t,t is j1dir _ co-astItuto a sa;)a'.'ate al"A di, 1jncq a:co violPlt
ioet
n Laddition 111-10 the said pe,.,alty h,. rein -Drovided for
Offense. 1"hat I
Is h-,rf,,,jv co?iferrod and (,,xtfjeiide"A _Lulto ly qropert;;. oviner
0 viiI lx� -ro )ert" anj dists:ictlo I suel I)IOI)orty
wilors, right
I U
:'A"Y v 01 j_ acl.od, b-.: VLO1,1-,i0l' 0 '-"a'* t r�' s of the
or co.,.rts c l ic n 4io
ordi.-v)i1co to )r
0:7 pij_ obtain ,�_-.uch ramodit.,S a,,4 may be avf,ilabja at law or
le I'S
equity in tho -orollicti011 0-I!, th.1 rli .--hta 0-F�
I.t .A77�y refused
;act.L01:1 14. ?
`� "Y!7 1111"i-rl co.Aained
orl!.i -ineo iiot �
ayly �nd
oytin -
Shall -)rovin'"
C' ion
obt�-:,Aj-jinFr, by -Pro,�)-')r ir. c0a"t,
x ot,Irv,! so
such b 7 0f lu!
ard Of Aj.1dermen or tne action of
roviiv! th,3 P,ct-i.011 Of to
the said jjoard of -AP90alS Or 1--ev 'd
:10.Cord
t i 0 of
l '
- he f
of , IiVCt Oi Ij �L filed wit,. t
.0
L
0
Alda-rien or the 0
-,,ced to
Q loar jlj;, 't1a I)e ro�,.
of trij ovidence houid "'Y s
!of tht -m se t tf- all
and a iocOX(I I-0 d oth3r x(-,,cords made upon the
safely keep all P, 1.-100r'G
coJac.%1r-.Aag- tho tralleactions of tue said joard of kldor Tien and the
'3oard of Ap-osals or ,:(view and the S,,jmo shall be in-ade a -part of the
archivos of his Office.
Section 16. '. hat this ordinance shall be deemod to be
C.umulative of and in addition to all other ordinances on the Same Or
similar sabjec -a
t and shall supersede nrotanto only such ordinances
a
directly in conflict herewith; that if for any reason should any
art ()f this ordina-l'Ice be
lassification 0" any tart section, ISOIA8' c8 Or c
declared invalid the same shall ;lot affect any other valid oeiitOlicO ,
classification or portion thereof, any'_ should there arise at any
time a controversy ooaceriiing the deriial of any application and resort
is taken by the applicant to the courts and for reason should the COUrt
itled to said permit ,-tp,)l-Jed for,
aol& that the said applicant is ojit
the ;3arje shall not affect IV-he terns a�,d rovisions of this ordinance
cS
relat-inn to any other application not J-jlvolveCt in said suit, provided,
)reclade the City of Falls
.,otaiiig h. r,:Aii shall U � construed to I
from a-.,)pealing fi:ora t.he judgment Ole decision rendered any c0---LTt.
in accordance vri th the !&-vi !AT1z=: ap -,aals to higher -Ma its.
ean. Ila
:section 17, that
coyt-in C)1.di%1';,C!0 of 0- the Ist day of
titled
c -Ck U
0 ic,
175
Li #U i j
r'A C
the
CO 1 C)",l U
J� 'S_ do,nC a
JL�i.
U ,
rem,:, o c,:�' '
of the 'act t'iaat
18.
doo--? no v oxist e is3uing.11",
t,ja cc)�Lqd�,jet of certain
of ald :Lo��ula , ,.tq rr iO 8 U,
C 0 0-17 the
o T C]1'L I�J, ]j.I s ✓i do
Uile
:-paoad h.,,rm
Of
t
In
U I
d 31 o tl f �1.-,ay 1i E) I
crnat;ns an
ell O'7mont
"ind
f!`Litijjv; 0:ii-�,,i-0 ta,-j o rva+t i.on
c- l,,,; s ordinance
CL )If Lie �3a fty h. t t
01 .10 1 z2l 3 a�'
L)
e.2-f"ecti'vo -L o.o it's .., ioeordia gly so d i d
L U j ,
11.
nc 0 e, 'feet from and after its
tszat ti,,Is ordina 0.�Ial me
Passage ps in the ill sack caso E3 a�.d -pl�ovid0d*
a-7 of )i:oved
assol-I on t�iif:� they 4�Ptl
t I', t 1
57
-A.ttost:
,,iayor
Clerk
'Ile", City
i
Approva,d as to form
ode