City of Tulia, TX GENERAL PROVISIONS

When buildings in a C-1, C-2 or M zoning district have been substantially damaged or destroyed as a result of a natural disaster to the extent that the governor of the state declares the city or affected areas a natural disaster, business and property owners in the affected area may place temporary structures on the property to recommence business activity under the following conditions:

(1)

The business owner must make application to the city for a permit to place a temporary structure or structures on the property. Such application must be joined by the property owner if different from the business owner. The application must be accompanied by a plan to reconstruct a permanent building on the site or plans for relocation to another site.

(2)

The application must be accompanied by site plans for the type of temporary structure and the location of the structure on the property. The structure must be structurally sound as determined in the discretion of the city. No structures older than 10 years may be moved onto the property as a temporary building.

(3)

The permit for the temporary structure shall be for a period not to exceed 18 months from the date of the event necessitating the erection of a temporary structure.

(4)

The business owner and/or property owner must at least every three month(s) after the granting of the temporary structure permit provide an update to the city building official of the progress on the plan for reconstruction of a permanent building on the site or for relocation of the business to another site. Failure to make satisfactory continued progress toward the reconstruction of a permanent building on site or for relocation to another site may result, in the sole discretion of the city, in the termination of the temporary permit hereby authorized upon 30 days’ written notice to the property owner and the business owner if different from the property owner. Should the business and/or property owner receive notice of the termination of the temporary permit granted pursuant to this article, said business and/or property owner may appeal the decision to terminate the temporary permit to the city council within 10 days after receipt of said notice. Such notice of appeal must be in writing and received at the offices of the City of Tulia, P.O. Box 847, 127 SW Second, Suite 300, Tulia, TX.

(5)

Should the property owner fail to remove the building from the property by the termination of the temporary permit granted pursuant to this article, the city may declare the structure a dangerous building and proceed with the remedies provided therefor in article 3.04 of this code, seek relief from the district courts of the county, including but not limited to affirmative injunctive relief for removal of the temporary structure from the property, or any other remedy provided by law.

(Ordinance 2007-05, sec. 1, adopted 5/22/07)