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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: 2/,G�rG zdL City Clerk -2-.