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Ordinance 1963-06 ORDINANCE NO. (' ,,, j , , ~) ,).--- c.," AN ORDINANCE PROVIDING FIRE LIMITS FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR PERMITS AND INSPECTION; SPECIFYING TYPES OF CON- STRUCTION WITHIN THE FIRE LIMITS; PROVIDING FOR REPAIRS TO EXISTING BUILDINGS; PROVIDING FOR ARBITRATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INSPECTION FEES; PROVIDING FOR PENALTIES FOR VIOLATION AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AS FOLLOWS: SECTION 1. FIRE LIMITS: A. The following shall be and are hereby declared to be the primary fire limits: BEGINNING at the centerline of the alley between Ballard Street and Jackson Street on the Gulf, Colorado and Santa Fe Railway Right of way; THENCE North to the centerline of Jefferson Street; THENCE East to the centerline of the alley between Ballard Street and First Street; THENCE South to the North right of way of the Gulf, Colorado and Santa Fe Railway Co.; THENCE in a South, SoUhwest direction to the point of beginning. SECTION 2. PERMITS AND INSPECTIONS: No walls, structure, building, or part thereof, shall hereafter be built, enlarged, or altered, until a plan of the proposed work, together with a statement of materials to be used, shall have been submitted to the building inspector who shall, if in accordance with the provisions herein contained issue a written permit in triplicate for the proposed work. Permits to be kept on file with the City Secretary. Structures hereafter erected without a permit, or those not in confor- mity with this ordinance, shall be removed. No building shall be moved from without to within the fire limits, nor from one location to another within the fire limits until a permit shall have been issued therefor. No permit shall be issued unless such construc- tion is in accordance with this ordinance. The designated Building Inspector shall inspect, as often as practical construction in progress to see that all provisions of this ordinance are being complied with. NOTE: All plans and specifications submitted to the building inspector shall comply with all city ordinances of the City of Wylie, Texas, and with Article 3271A of the Revised Civil Statutes of the State of Texas. SECTION 3. CONSTRUCTION REQUIRED WITHIN THE FIRE LIMITS: A~ In the primary fire limits no building or structure of wooden, ironclad (whether on wood or metal supports), stucco, or veneer type construction, or any building whose walls contain wood support, shall be permitted except as indicated in Section 4. No building shall be built, enlarged, or altered hereafter except in accordance with this ordinance. The thickness of walls shall be not less than as given below: Brick or other solid masonry walls shall be not less than 12 inches thick for the uppermost 35 feet of their height and shall be increased 4 inches for each successive 35 feet or fraction thereof measured downward from the top of the wall with the following exceptions: 1. Small one story buildings not exceeding 750 square feet in floor area may be 8 inches in thickness. 2. Buildings 9,000 square feet or less in area not exceeding 12 feet in height and with roof construction imparting no lateral (outward) thrust may be 8 inches in thickness. Reinforced concrete walls may be 3/4 the thickness of brick walls but in no case less than 8 inches. Hollow masonry walls shall be not less than the thickness required for solid masonry walls. Filler walls of brick or hollow masonry may be a minimum of 8 inches provided such walls are supported on reinforced concrete beams and footings and by adequate reinforced concrete or brick columns spaced not more than 16 feet apart. Solid stone walls shall be 4 inches thicker than brick walls for like construction. All exterior walls (except street side), party walls, and division fire walls shall have parapets extending at least eighteen inches above the roof, and said parapets shall be at least twelve inches thick, except where 8 inch walls are permitted as above, in which case parapets may be 8 inches thick. B. (OPTIONAL) In the secondary fire limits all buildings must be constructed of at least 8 inch masonry walls or of all metal construction not exceeding 9,000 square feet in area. All metal buildings may exceed 9,000 square feet provided they are protected by an automatic sprinkler system approved by the State Board of Insurance. SECTION 4. FRAME BUILDING IN FIRE LIMITS: The following frame structures are permissible in the fire limits: A. Temporary one-story frame buildings for the use of builders. B. Wooden fences not over 8 feet high without roof or cover. SECTION 5. ROOFS: All buildings or structures hereafter constructed in the fire limits shall have incumbustible roof coverings~ No roofing on an existing roof shall be renewed or repaired to a greater extent than 10% of the roof surface, except in conformity with this ordinance, and in no instance shall more than one permit be issued each existing building in anyone year. SECTION 6. REPAIRS AND ADDITIONS: Any existing building within the fire limits which hereafter may be damaged by fire, decay, or otherwise, to an amount greater than 50% of its present value, exclusive of the foundation, shall not be repaired or rebuilt, but shall be removed. Extensions, remodeling, or additions to existing buildings shall not be considered as repairs, and shall not be permitted except when conforming with Section 3 of this ordinance. SECTION 7. ARBITRATION: Whenever an application for permit to repair any existing building already located within the fire limits is made by any person or firm, and the City Council and the applicant disagree on the extent of repairs to be made, and a permit is denied by the designated Building Inspector, then the City Council shall appoint a competent and disinterested person, and the applicant shall appoint a competent and disinterested person, which said two persons so appointed shall select a third member, and these said three persons shall appraise the building, examine the plans of the proposed work, and the statement of materials and labor to be used in the repairing or rebuilding of said building, and make a signed written report of their findings to the City Council. If such report reflects clearly that said rebuilding or repairing would be a violation of this ordinance, then such application for permit shall be denied by the City Council, and if such report reflects that the person seeking said permit has complied with said ordinance, and the requested rebuilding or repairing is not in violation of said ordinance, then said City Council shall issue a permit for the proposed rebuilding or repairing. SECTION 8. VALIDITY OF ORDINANCE: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 9. FEES: The fees shall be such as are prescribed from time to time by ordinance of the City Council. SECTION 10. PENALTIES: Anyone violating the provisions of any section of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding $200~00. The fact that there is no ordinance providing for fire limits in the City of Wylie creates an emergency for the immediate preservation of the property, health and safety and requires that this ordinance take effect immediately after its passage and it is accordingly so ordained. PASSED AND APPROVED this j/ /.( day of I I ({ r \//'-\.) 1963. /"'- Ii I \ ATTE ST : rC ~ \ \v/ ; /L{ .~tk, { (t(?Lj~: Clty Secreta~l