§ 52-6. Newly annexed territory.

(a)

All territory annexed to the City of Irving after the date of passage of this ordinance shall be automatically classified for R-40 single-family district purposes until permanently zoned by the governing body of the City of Irving. The city planning and zoning commission shall, as soon as practicable, after annexation of any territory to the City of Irving, institute proceedings on its own motion to give the newly annexed territory a permanent zoning and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

(b)

In an area classified for R-40 single-family district purposes, no permit for construction of a building other than a single-family dwelling or accessory building permitted in an R-40 single-family district, shall be issued by the building inspector until such permit has been specifically authorized by the city council. Permits for the construction of buildings for uses not permitted in an R-40 single-family district in newly annexed territory prior to permanent zoning may be authorized by the city council under the following conditions:

(1)

An application for any use not permitted in an R-40 single-family district shall be made to the building inspector showing the use contemplated together with a plat showing the size of lot or tract of land being used and the location of, and the size of and type of buildings to be constructed. The application shall be referred by the building inspector to the city planning and zoning commission for consideration and its recommendations to the city council, after giving due consideration to the type of permanent zoning to be applied to the area in which the property is located. The recommendation of the planning and zoning commission filed with the city council shall be advisory only, and the city council may grant or deny the application as the facts may justify.