Deed restriction affidavit.
Houston Code of Ordinances § 28-537
in effectSec. 28-537. - Deed restriction affidavit.
(a) Every applicant for a tower permit or a waiver shall furnish to the director an affidavit setting forth that the applicant is familiar with the title to the real property to which the requested permit appertains and that the intended use will not violate any applicable deed restrictions. The affidavit shall be accompanied with a certified copy of the instruments containing the deed restrictions, the instrument of revocation or termination, the declaratory judgment or any other recorded document containing restrictions that affect the use of the property.
(b) A tower permit shall not be issued until the requested affidavit and supporting documentation has been produced. Any permit issued on the basis of erroneous documentation known to the applicant or an affidavit which contains false information known to the applicant is void with the same force and effect as if it had never been issued and without the necessity of any action by the city or any other person or agency. A tower permit shall not be issued for the construction or alteration of a tower if the use or the intended use will be in violation of the recorded deed restrictions.
(Ord. No. 91-1734, § 2, 12-11-91; Ord. No. 98-253, § 2, 4-8-98; Ord. No. 2014-364, § 6(Exh. A), 4-30-2014)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXVIRETO_S28-537DEREAFFetched: 10/26/2026