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0096 ORDINANCE NO. 96 AN ORDINANCE GOVERNING AND REGULATING THE CONSTRUCTION, ERECTION, SITUATING, ESTABLISHING, LOCATING, RE-LOCATING, REMODELING, ALTERA- TION, REPAIRING AND REBUILDING OF BUILDINGS AND STRUCTURES IN THE TOWN OF SOUTHLAKE, TEXAS; DEFINING CERTAIN TERMS AS USED IN THIS ORDINANCE; CREATING THE OFFICE OF BUILDING COMIIVISSIONER AND DEFINING THE DUTIES OF SAID OFFICE; PROVIDING FOR THE AFFIXING OF NOTICE TO ALL UNSAFE BUILDINGS, STRUCTURES OR PARTS THEREOF, THE CONDITION BEING SUCH AS TO ENDANGER THE PUBLIC OR OCCUPANTS THEREOF, WITH FURTHER PROVISIONS THAT ANY PERSON REMOVING'OR:DEFACING SUCH NOTICE SO APPLIED SHALL BE DEEMED GUILTY OF A MISDEMEANOR, Ai11D UPON CONVICTION THEREOF SHALL BE FINED NOT LESS THAN $5.00 NOR MORE THAN $100.00; PROVIDING FOR AUTHORITY OF BUILDING COMMISSIONER; REQUIRING A BUILDING PERMIT EXCEPT IN CERTAIN SPECIFIED CASES, PROVIDING FOR APPLICATION FOR PERMIT WITH DRAWINGS AND PLANS AND ISSUANCE AND REFUSAL TO ISSUE PERMIT; PROVIDING FOR SPECI- FICATIONS OF DWELLING HOUSES TO BE ERECTED, ALTERED OR REPAIRED; PRO- VIDING FOR CERTAIN SPECIFIED REASONS FOR REFUSING TO ISSUE SUCH PERMIT; PROVIDING FOR PERMIT FEE AND FURTHER PROVIDING FOR APPLICATIONS FOR AND ISSUANCE OF CERTIFICATE OF OCCUPANCY; PROVIDING FOR REVOCATION OF PERMITS BY BUILDING COMMISSIONER AND AFFIXING SUCH NOTICE OF SUCH RE-- VOCATION AND FURTHER PROVIDING THAT ANY PERSON REMOVING OR DEFACING SUCH NOTICE SO APPLIED OR ANY OTHER NOTICE GIVEN UNDER TLIS ORDINANCE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF SHALL BE FINED NOT LESS THAN $5.00 NOR MORE THAN $100.00; CONTAINING A SAVINGS CLAUSE; FURTHER PROVIDING UNLESS A PENALTY IS OTHERWISE SPECIFIED HERE- IN FOR VIOLATIONS OF CERTAIN SPECIFIC PROVISIONS OF THIS ORDINANCE, ANY K:RSOIv, FIRM, COMPANY OR CORPORATION, THEIR AGENTS, SERVANTS OR EM- PLOYEES VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL BE LIABLE TO A FINE AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT EXCEEDING $100.00; AND EACH DAY ANY SUCH VIOLATION EXISTS SHALL CONSTITUTE A SEPARATE AND',DISTINCT OFFENSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA- TIVE WITH ALL EXISTING ORDINANCES OR PARTS OF ORDINANCES NOT IN CON- FLICT HEREWITH AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS ADOPTION AND PUB- LICATION AS BY LAW PROVIDED. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHLAKE, TEXAS: WHEREAS, existing ordinances of the Town of Southlake, 'texas, are not adequate to regulate the construction, erection and alteration of buildings and structures within the said town; and, WHEREAS, for the immediate preservation of the public health, safety and property that further provisions be immediately enacted relating to the construction, erection and alteration of buildings and structures in order that all buildings and structures hereafter erected, constructed or altered shall conform to all reasonable require- ments. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHLAKE, TEXAS: FOR the purpose of this Ordinance, certain words and terms are herewith defined as follows: A. The word "PERSON" as used in this ordinance shall be con- structed to impart the singular and plural as the case demands, and shall include corporations, companies, societies and associationss and any agent or representative thereof, B. The word "STRUCTURE" as used in this Ordinance shall mean any building constructed or installed by man (including, but without limita- tion, any transmissions lines, posts or pole constructed or installed by others than suppliers of public utility service operating within the Town of Southlake, Texas, pursuant to a Franchise granted by said Town, fence, house, bridge, driveway or passageway, barn, shed, tree, tank, adver- tising sign, advertising billboard, space or equipment or facilities.) C. The word "ALTERATION" as used in this ordinance shall mean any change, addition or modification in construction or character of any structure or grade of occupancy. 2, ORGANIZATION A. OFFICE CREATED. There is hereby created in the Town of Southlake, Texas, the office of Building Commissioner and such officer is being charged with the duty of enforcing the provisions of this code. B. QUALIFICATIONS. The Building Commissioner must be a person competent to carry out the intent and purpose of this code and shall be appointed by the Mayor with the advice and consent of the Town Council and shall be paid such salary or fees for services rendered as determined by the Town Council of the Town of Southlake, and shall furnish a bond in such amount as the Town Council may require. 3. DUTIES OF BUILDING COMMISSIONER A. CODE EINFORCEMENT. It shall be the duty of the Building Commissioner to enforce all the conditions of the building code; provided that until such time as the Town Council can secure the services of a Building Commissioner duly qualified to enforce the provisions of this code, the enforcement hereof shall be placed with such other person or persons as the Town Council may designate, who shall be vested with all of the powers and duties as is provided herein for the said Building Commissioner. .42" 1 J B. RECORDS. It shall be the duty of the Building Commissioner to keep a record of all applications for permits, which shall be regularly numbered in order &f their issuing and filing. Also a record shall be kept showing the number, description and size of each building erected in the Town of Southlake, during the term of his office, of what material constructed, the aggregate of the number, kind and cost of all buildings, the inspection, removal and condemnation of buildings and all other matters to be recorded. C. PERSONAL INSPECTION. It shall be the duty of said Building Commissioner, upon being served with a notice requiring him to visit and inspect any building upon whic?z any work is being done, under any of the provisions of this code, to do so. D. CERTIFICATES AND NOTICES. It shall be the duty of the Building Commissioner to sign all certificates and notices required to be issued under this code, and to keep proper book records of same; also he shall keep a register of all transactions of his office, and submit to the Mayor a monthly statement of all such transactions, E. EXAMINATION OF BUILDINGS. The Building Commissioner shall examine all buildings, or cause the same to be examined, upon or in which work is being done under the provisions of this code, as often as practicable, and make a record of all violations of same, together with the street and number where such violations are found, the name of owner, lessee, occupant, archi- tect and building, and all other matters relating thereto. It shall be the duty of the Building Commissioner to examine or cause to be examined, all buildings reported to be dangerous or damaged by fire or accident, and to make a record of such examination, including the nature of the damage, with the name of the street and the number of the buildings, as well as the name of the owner. He shall also examine or cause to be examined, all buildings under application to be moved, raised, enlarged, altered or built upon, if considered nec- essary, and to make a record of the condition of same. Such records shall always be open to the inspection of tie public. F. NOTICE OF DANGER. Whenever the Building Commissioner has knowledge of any unsafe buildings, structures or part thereof, the condition being such as to endanger the public or the occupants of such building or structure, it shall be his duty to affix a notice of the dangerous character of the building or structure in a conspicious place on the exterior there" of and any person removing or defacing, such notice so applied shall 3 be subject, upon conviction thereof, to a fine of not less than Five Dollars ($5.00) and not more than One Hundred Dollars ($100.00). 4-. AUTHORITY OF BUILDING COMMISSIONER A. BOARD OF APPEALS. The Building Commissioner shall pass on all questions arising under this ordinance; in case of dissatisfaction with his decisions, except in regard to insecure and unsafe buildings requiring immediate action„ the question in dispute may be referred to the Tocm Council and a decision of the said Town Council shall determine tine issue. Appeals from the decision of the Building Commissioner shall be taken within ten (10) days after such decision is made by filing with the Building Commissioner a notice of appeal in writing, stating specifically the question or questions which the appellant desires to have passed on. The Town Council shall have power to pass upon the true intent and meaning of the several provid.ions of this ordinance, and also when it is claimed that an equally good or more desirable form of construction or materials can be employed in any specific case, to permit the same if concurred in by a majority of said Town Council, but the said Town Council shall not otherwise have power to modify any other provisions of this code while sitting in the capacity of a Board of Appeals. Any person appealing from a decision of the Building Commissioner shall in every case be required to pay to the Town Secretary a fee of $20x,00 at the time of giving notice of such appeal, said fee to be returned to said applicant in case the decision of the Board of Appeals sustains his contention. In case such appeal is not sustained, such money shall be retained by the Town. All rulings and decisions of the Town Council sitting as Board of Appeals shall be binding upon all parties and it shall be the duty of the Building Commissioner to carry them into effect. B. IMMEDIATE DECISIONS. Where a situation requires an immediate decision, that of the Building Commissioner shall be final and conclusive. C. TRANSFER OF AUTHORITY. In the absence of the Building Commissioner, the Town Council shall designate some person or persons, to act in his place and when so designated such person sliall exercise all powers and duties of the Building Commissioner. D. TESTS AND INSPECTION. The Building Commissioner and his regularly authorized assistants are hereby given authority to make such tests as may be necessary to 4 - determine the safety or condition of any building or machinery which it becomes their duty under the provisions of this code to inspect. E. POLICE POWER. For the purpose of enforcing the provisions of this code or detecting violations thereof, the Building Commissioner or any assistant Building Commissioners are hereby vested with full police power and authority in the execution of their duties. F. SPECIAL CASES. The Buildi ng Commissioner shall have full power to exercise his own judgment in a, reasonable and proper manner and rule accordingly on all special cases in regard to any of the matters and things in this code and specifically covered thereby. G. PENALTY FOR VIOLATION. (a.) Unless a penalty is otherwise provided herein, for aviolation of certain provisions of the code, then any person, firm, company or corporation, theiregents, servents or employees violating any of the provisions of same, where a. penalty is not otherwise provided, shall upon conviction in the Corporation Court be fined in any sum not ex- ceeding One Hundred ($100.00) Dollars for each and every day that any person shall fail, omit, neglect or refuse to do any act required by the terms of this code, or if they shall do any act in violation of the terms of this code, they shall be subject to the penalty herein provided for, not exceeding One Hundred ($100.00) Dollars. Any person failing to comply with any of the provisions of this ordinance shall upon conviction thereof be fined as aforesaid and each day a violation or failure to comply with this ordinance continues, it constitutes a separate offense. (b) But in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any build- ing, structure or land is used in violation of the general law or of the terms of this ordinance, the Town of Southlake, in addition to im- posing the penalties above provided, may institute any appropriate action or proceedings in court to prevent such unlawful erection, con- struction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, or to prevent the occupancy of such building, structure, or land, to prevent any illegal act, conduct, business or use, in or about such land; and the definition of any violation of the terms of this ordinance as a misdemeanor, shall not preclude the Town of Southlake from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. PLANS, SPECIFICATIONS, PERMITS AND FEES A. PERMIT NECESSARY. Nowork or repairs shall be done upon any structure, building or shed, nor shall any mechanical installation, such as plumbing, heating, - 5 - or electric wiring be installed in same, within the Town of Southlake (excepting as herein mentioned) without a Building Permit from the Building Commissioner. Repairs of buildings or structures, or mechanical installations, the cost of which will not exceed Fifty ($50.00) Dollars, may be made without securing a building permit, but such repairs small not be con- strued to include the cutting away of any masonry wall or structural member, or any portion thereof, nor the removal, change or closing of any stairway, nor the construction of any chimney. Permits must always be secured for electrical or plumbing work regardless of extent. B. OCCUPANCY PERMIT. No building.or part thereof, except in private dwellings, shall be occupied before its completion without an occupancy permit from the Building Commissioner. Also, no structure, building or part thereof shall be used or occupied for any purpose other than that named in its Building Permit or its latest occupancy permit or from the purpose of which it is used when this ordinance is adopted, until the necessary occupancy permit therefor has been issued by the Building Commissioner. If such change of use or occupancy increases the load, the danger to life or health, or the fire risk,, the Commissioner may require such alterations and changes in the building as he may deem necessary before issuing occupancy permit for such new use or occupancy. If the condition of any structure, building or part thereof becomes unsafe or dangerous to life or limb, the Commissioner may, with the written approval of a majority of the Town Council, revoke the Occupancy Permit thereof, and it shall thereupon be unlawful for any person to use or occupy such building until a new Occupancy Permit has been issued therefor. C. APPLICATION FOR BUILDING PERMITS. When any person or persons shall be desirous of erecting, re- pairing, changing, altering or removing any building or structure, or making any mechanical installation such as plumbing, heating or electrical wiring in same, within the limits of said Town, he or they, or their authorized agents shall make application at the office of the Building Commissioner for a Building Permit (except in cases cited^in Pardgr•aph "A" above), and shall furnish said Building Commissioner with a written statement, giving such information as desired by him, upon a blank form furnished by the said Building Commissioner for the purpose,, together with plans and specifications of same, when required, which shall be delivered to the Building Commissioner and shall remain in his custody a sufficient length of time to allow the necessary examina, tion to be made of the same. Before a Building Permit is issued, the plans and specifications shall be submitted to the plumbing and electrical inspectors who shall pass on same in regard to-,the plumbing and-- electrical work. ^ - 6 - D. DRAWINGS. When the cost of erecting, repairing, changing or altering any structure, or making any mechanical installation as aforementioned, in the Town of Southlake, exceeds the sum of Three Thousand ($3,000.00) Dollars, there shall be complete scale drawings and specifications showing and describing all parts of the construction and installation showing and describinig all parts of the construction and installation filed with the Building Commissioner, along with the application for permit. All plans and drawings shall be drawn to a scale of not less than 1/8 of an inch to the foot, on paper or cloth, in ink or by some process that will not fade or obliterate. All distances shall be se- curely figured and drawings made explicit and complete. Any plans or drawings that do not show all necessary details to enable the Building Commissioner to intelligently inspect same shall be rejected and such necessary details shall be shown on said drawings before same will be accepted. Lot lines, as well as building lines, must be mown on plans. E. APPROVAL OR REJECTION. If such plans and specifications are in compliance with the pro- visions of this ordinance and the zoning and other ordinances of the Town, and indicate that the erection, reconstruction, removal or in- stallation is to be in accordance with this code, the Building Commission- er shall stamp them "approved" and issue "Certificates of Approval", retaining one:set of plans and specifications to be kept until the proposed work is completed, when they shall be returned to the party who filed them. Such plans and specifications so filed shall not be open to the inspection of other than those interested in the building or structure, and if not claimed by the proper party within six months after completion of construction, shall be destrtyed. All plans and specifications of buildings of a public character, and buildings for public gatherings shall remain on file permanently in the Building Commissionerts office. If such plans andspecifications proposed do not cour3ly with the provisions of this code, the Building Commissioner shall reject same and refuse a certificate, indicating in a written report his objections thereto. Such changes as may be required shall be made before any permit is issued. F. ALTERATIONS OR ADDITIONS TO DRAWINGS AND SPECIFICATIONS. Any alteration of plans and specifications or addition thereto shall be submitted in the same manner and subjected to the same re- quirements as the original plans and specifications, and accompanied by a similar application. The Building Commissioner may stop any work of alterations or additions to such original plans and specifications where such changes materially affect cost or purpose of the structure until the foregoing provisions have been complied with and a permit therefor issued. Nothing in this section shall be construed to prevent khe Building Commissioner from granting permit for the erection of any part of a - 7 building or any part of a. structure, where the partial plans or detailed statements of such building or structure have been presented before the entire plans and detailed statements of said building or structure have been submitted. G. REVOCATION OF PERMITS. Should the Building Commissioner become convinced that the work under any permit is not proceeding according to the detailed statement, plans and specifications upon which such permit was issued! but is proceeding in violation of the law or provisions of this code, it shall be his duty to notify the owner or owners, or his or their agents, in writing, that the work is being constructed or installed in viola- tion of the permit and this code, and that the same must be immediately rectified to conform with same. If the owner or owners, or his or their agents, neglect to comply with the said code or fail to make corrections, it shall be the further duty of the Building Commissioner to revoke said permit, and notice thereof shall be immediately served uponthe owner or owners, agents, superintendent or contractor in charge of this work; said notice shall be in writing, signed by the Building Commissioner, and after such re- vocation of -permit, any contractor or workman performing any work in or about such structure, building or premises shall be guilty of a misdemeanor, and shall be dealt with accordingly. H. PLACARDS. With each and every Building Permit issued, the Building Commiss- ioner shall issue to the applicant a weatherproof card, properly filled out. It shall be the duty of the person or persons to whom the permit was issued, to place and maintain the weatherproof card in a conspicu- ous place on the outside of the premises where the building is being erected or the work being done, the card to be unobstructed from public view and not more than fifteen (15) feet nor less than five (5) feet above the grade level. In case of revocation of a permit the Building Commissioner shall immediately place a proper notice of the revocation in a conspicuous place and any person removing or defacing such notice as applied shall be subject, upon conviction thereof, to a fine of not less than Five ($5.00) Dollars, nor more than One Hundred ($100.00) Dollars. I. CO-OPERATION OF POLICE AND FIRE DEPARTMENTS. The Police and Fire Departments shall cooperate with the Building Commissioner, and any construction or installation that comes under the Building Code not displaying such signs shall be reported to the Building Commissioner. J. TIME LIMIT OF PERMIT. Every permit shall be considered cancelled if active work is not commenced within six months of the date of issuance. In case of - 8 cancellation of permit from the above cause, all permit fees already paid shall be retained by the Town as compensation for work done in checking plans and issuance of permits. K. ESTIMATE OF COST. Applications for building permits shall be accompanied by an estimate of the cost of the proposed structure. The Building Commission- er may at his discretion, prepare his own estimate and issue the permit on basis of same. On completion of the structure, the party to whom the permit was issued may submit„ or the Building Commissioner may require to be submitted, vouchers and affidavits showing the actual cost of the structure. Where the actual cost thus ascertained is found to vary by more than ten percent from the estimate on which the permit was issued, then the permit fee shall be recomputed and charge made on the basis of the actual cost of the structure. L. FEES ON PERMITS AND INSPECTION. a For every Building Permit issued for the erection or construction of any new building or structure, or for the alteration or repair of any existing building or structure, or for any mechanical installation, such as plumbing, heating, electric wiring, the Building Commissioner shall collect a fee from the owner or contractor performing such work. Such fee shall cover the cost of-permit and cost of inspection by the Building Commissioners, or his assistants, at regular intervals until the work is completed, and shall be based on the total cost, including mechanical works, as follows: COST FEE $1'00 or less . . . . . . . . . . . . . . . . . . . . . . . $ 1.00 Over $100 not exceeding $ 500 . . . . . . . . . . . 2.00 Over $ 500 and not exceeding $ 1000 . . . . . . . . . . . 3.00 Over $ 1000 and not exceeding $ 2000 . . . . . . . . . . . 5.00 Over $ 2000 and not exceeding $ 3000 . . . . . . . . . 7.00 Over $ 300.0 and not exceeding $ 5000 . . . . . . . . . . . . 10.00 Over $ 5000 and not exceeding $ 6000 . . . . . . . . . . . . 11.50 Over $ 6000 and not exceeding $ 7000 . . . . . . . . . . . . 13.00 Over $ 7000 and not exceeding $ 8000 . . . . . . . . . . 14.50 Over $ 8000 and not exceeding $ 9000 . . . . . . . . . . . 16.00 Over $ 9000 and not exceeding $10,000. . . . . . . . . . . . 17.50 Over $10,000and not exceeding $11,000. 19.00 Over $11,000and not exceeding $12,000. . . . . . . . . . . . 20.50 Over $12,000and not exceeding $13,000. . . . . . . . . . . 22.00 Over $13,000and not exceeding $14-,000. . . . . . . . . . . 23.50 Over $14,000and not exceeding $15,000. . . . . . . . . 25.00 Over $15,000and not exceeding $16,000. . . . . . . . . . . . 26.50 Over $16,000and not exceeding $17,000. . . . . . . . . . . . 28.00 Over $17,000and not exceeding $18,000. 29.50 Over $18,000and not exceeding $19,000. . . . . . . . . . . 31.00 Over $19,000and not exceeding $20,000. . . . . . . . . . . . 32.50 For each additional $1000 or fraction thereof, an additional fee of $1.25 is added. For moving a house or building from one location to another on the same lot . . . . . . . . . . . $ 5.00 9 All fees collected hereunder shall be paid direct to the Town Secretary. On additional cost due to changes in plans and specifications, an additional fee must be paid by the owner or his authorized agent in accordance with the above schedule. 1 However, inspection fees for special items such as plumbing, heating, electrical work, sprinkler systems, fire escapes, signs, and billboards, wrecking of houses, moving picture shows, film exchanges, moving houses through public streets or alleys, gasoline tanks and pumps, fuel oil tanks and equipment, dry cleaning establishments, etc., a.s called for in various sections of this code, and in the plumbing and electrical ordinances shall be paid in addition to the general fee for Building Permits mentioned herein. In addition to the above fees, the owner or his agent shall pay the actual cost of any tests required by the Building Commissioner, unless the owner or his agent can furnish certificates covering such tests made by some recognized authority satisfactory to the Building Commissioner. Any act of erecting, repairing, changing, altering or removing any building or structure or making any mechanical installations, such as heating, plumbing or electrical wiring in same, (except in cases cited in Paragraph "A" of Section 5) carried on without a permit having been issued by the Building Commissioner, or any willful misstatements of facts concerning the proposed type of construction, proposed use of estimated or actual cost made in securing a permit shall render the owner of such building or structure or his agents liable to a penalty for violation of this code in accordance with Paragraph "G" of Section 4. Where penalties are invoked, in addition to such penalties the owner or his agent shall further be held liable for the actual cost of such building or structure. 6. TYPE OF CONSTRUCTION OF DWELLING HOUSES. A. The main building to be used for dwelling purposes, and all accessory buildings thereto, hereafter erected in the Town of Southlake, Texas, shall be constructed of wood, brick, brick veneer or stucco, or other suitable building materials; provided that such buildings shall be of double wall construction and that all exterior woodwork shall be covered with two coats of paint. B. The main building used for family dwelling purposes, where same abuts upon any alley or street in or through which a public sewer extends, or is within a reasonable distance of such public sewer, shall be connected with such public sewer. When there is not a public sewer within reasonable distance of such structure, an approved septic tank of not less than 500 gallons capacity, with 200 feet of draining lateral attached thereto and running therefrom, shall -be installed, provided 10 that if any dwelling is erected, altered, located, relocated or enlarged to the extent that same will contain more than one bathroom, an addi- tional 50 feet of draining lateral shall be installed for each additional bathroom. No dry or outside toilet of any kind shall be permitted within the Town Limits; provided that if more than one building used for family dwelling purposes is situated upon any particular lot, each of said dwelling structures shall be attached to an approved septic tank of the saute Capacity and same footage of draining lateral running therefrom, as is provided for the main building aforementioned. Further providing that any septic tank installation;made under the provisions of this ordinance shall be approved by the Building Commissioner and health authorities of Tarrant County. Application for the use of such septic tank must be made with the Building Commissioner. C. The main building hereafter erected for family dwelling pur- poses shall be constructed fronting on the street upon which tine lot as originally dedicated` fronts and in accordance with the front lot lines.as is shown in said dedication, provided however, that where more than fifty (50) percent of the dwellings in any one block have an already established front lot line, then all other dwellings erected in said block shall be constructed on lot lines in conformity to the dwellings theretofore erected. D. No main building erected for dwelling purposes shall be con- structed or erected nearer than five feet from any side lot or street line. No accessory buildings shall be constructed or erected nearer than five feet from any side, rear, or street l&t lines, provided that in areas, if by reason of construction of a subdivision, prior to the effective date of this ordinance,~the regulations herein provided for the location of accessory buildings would prove to be a hardship upon the owners of said property, the Town Council shall have the authority to waive the side, rear or street lot line regulations herein provided. E. Nothing herein contained shall require any change in the plans, construction or designated use of a building lawfully and actually under construction at the time of the passage of this ordinance and which entire building shall be completed within six months of the passage of this ordinance. o tent, shed, shack or t ailer shall at any place within the Towne u ed for dwelling purposes; provided under emergency circum- stances, the Building Commissioner may issue a permit for the construc- tion of a dwelling not fully complying with the specifications herein provided, for temporary occupancy for a period of not exceeding six months, when such temporary dwelling is being constructed in contemplation of the construction of the main family dwelling which shall be completed prior to the expiration of such temporary permit, provided that such temporary dwelling place shall be attached to sanitary sewage disposal facilities as is provided herein and in the sanitation code of the Town. 11 ti 7• TYPE OF BUILDINGS TO BE USED FOR OTI-IER THAN DWELLINGS A. All buildings and structures hereafter erected within the Town of Southlake to be used for other than family dwelling purposes shall be enclosed on all sides with walls constructed wholly of stone, burned brick or reinforced concrete, and all roof.structures covered with, and cornices to be of, incombustible materials. B. Every building hereafter erected, altered, located, relocated, or enlarged which shall be used for other than family dwellings purposes, where same abuts upon any alley or street in or through which a public sewer extends or is within a reasonable distance of such public sewer, shall be connected with such public sewer. Where there is not a public sewer within a reasonable distance of said structure, there shall be installed an approved septic tank which shall be of the kind and size as approved by the Building Commissioner and health authorities of Tarrant County. C. In cases of new construction of Buildings within the Town, it shall be unlawful for any person, firm or corporation to serve or connect said Buildings or any part thereof for either temporary or per- manent use, of the owner, builder or purchaser of same with any Public Utility Service such as Water, Sewer, Light, Power, Gas and other like service, which may be owned, controlled or distributed by the Town or other Public Utility Suppliers, unless authorized in writing by the Building Commissioner to do so. 8. INTENT AND PURPOSE The intent and purpose of this ordinance is to regulate the con- struction, erection, enlargement, raising, alteration,- repair, removal maintenance, use and height of buildings and structures; and to regulate the character and use of materials in and for buildings and structures. 9. REMEDIAL ORDINANCE This ordinance is hereby declared to be remedial and intended to secure the beneficial interests and purposes thereof. 10. CUMULATIVE This ordinance shall be and is hereby declared to be cumulative of all other ordinances and parts thereof effecting the subject herein provided, and shall not operate to repeal or affect any such ordinance or ordinances or parts thereof except in so far as the provisions of such ordinance or ordinances or parts thereof are inconsistent or in conflict with those provisions of this ordinance, in which instance or instances those -Qrovi.sions shall be and they are repealed. F 12 ., CT ►» • • ANY NH S NAO L • -3-7 /7..411F-, xoA a cnxddy '45.6T 'Q 'v ` _.` 77-- 0► 3o Asp " 0144 sTu4 aaIdoav •rvs T Aq pepTAo.xd ss uoT1.soTTgnd pus uoTvdops s.T 3o eq.sp eq4 aegje pus wo.zj 4oeJje pus eo•zoj TTn3 uT eq pus 4oejjo eyi'eq TTsi1s eousuTp.zo $Tus. XX.IQ 3AIZOaaUU 'TT • • 1 • t