ORD 1983-37 - Commercial Building RestrictionsORDINANCE NO. 83 -37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDINGS AND
BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE
CITY OF HUNTSVILLE, TEXAS, BY CREATING A NEW ARTICLE
VII, RESTRICTIONS, AFFECTING COMMERCIAL BUILDINGS;
PROVIDING A PENALTY OF UP TO $1,000.00 A DAY FOR
CERTAIN VIOLATIONS; PROVIDING REPEALING AND SAVINGS
PROVISIONS AND PROVIDING FOR A PUBLICATION AND
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 6, Buildings and Building Regulations, of the Code
of Ordinances of the City of Huntsville, Texas, is hereby amended by
the adoption of a new Article VII, Restrictions, which shall read:
Section 6 -70. Definitions.
(a) "Subdivider" means a person who subdivides land as provided in
Section 30 -11 of the Code.
(b) "Commercial building" means any building other than a single
family residence.
Section 6 -71. Commercial building permit required.
(a) Any person electing to substantially repair or to remodel a
commercial building within a subdivision or proposing to convert
a single family residence into a commercial building shall obtain
a commercial building permit from the City.
(b) A person commits an offense if he repairs or remodels a
commercial building or converts a single family residence into a
commercial building without a commercial building permit.
Section 6 -72. Filing restrictions.
(a) A person who desires a commercial building permit 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.
(b) When an applicant has complied with local ordinances relating to
commercial building permits, the City building official shall
issue a permit for construction or repair which conforms with all
restrictions relating to the use of the property described in the
application.
i' &- L idl
Section 6 -73. Plat and restrictions; filing by subdivider.
(a) A subdivider shall, at the time he files the subdivision for
recordation, file with the City's building official two copies of
the plat and any restrictions pertaining to the property included
in the plat.
(b) The building official shall keep one copy in a safe place as a
permanent file.
(c) A person who desires a commercial building permit for property
which is included in any plat or restrictions on file with the
City is not required to file a copy of the plat and restrictions
with his application; however, said person shall notify City of
the plat or restrictions.
Section 6 -74. Permit void.
Any commercial permit obtained without full compliance with this
article is void.
Section 6 -75. Certain Home Occupations Not Affected.
(a) Home occupation means an accessory occupational use conducted
entirely within a dwelling unit by the inhabitants thereof,
which is clearly incidental to the use of the structure for
residential purposes and does not change the residential
character of the site; and provided that no article is sold or
offered for sale except such as may be produced on the premises
by members of the immediate family.
Clinics, doctors' offices, hospitals, insurance offices, barber
shops, beauty parlors, dress shops, millinery shops, real estate
offices, tearooms, tourist homes, animal hospitals, kennels,
among others and as examples only, shall not be deemed to be home
occupations.
(b) Nothing in this article shall be construed to affect or prohibit
any home occupation.
Section 2: Any person, firm, or corporation violating any provisions
of this Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of up
to One Thousand Dollars ($1,000.00) upon conviction. Each day during
or upon which said person shall violate or continue violation of any
provision of this Ordinance or non - compliance with any requirement of
this Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance or the failure to comply
with any requirement of this Ordinance shall each constitute a
distinct and separate offense.
Section 3: If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this Ordinance.
Section 4: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided,
however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be
cumulative of other Ordinances regulating and governing the subject
matter covered by this Ordinance.
Section 5: The City Secretary is hereby directed to cause the caption of
this Ordinance to be published at least twice within ten (10) days.
This ordinance shall take effect ten (10) days after the date of final
passage.
PASSED UNANIMOUSLY FIRST READING this 20th day of September , 1983.
PASSED SECOND READING this day of
APPROVED this 20th day of September , 1983.
DeShaw, City Secretary
APPROVED AS TO FORM:
s
Scott Bounds, City Attorney
, 1983.
THE CITY OF HUNTSVILLE
By
William V. Nash, Mayor