HomeMy WebLinkAbout11022006 BSC Agenda Item 5 • •
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Amendment to clarify 1
regulation of containers I
used as buildings 1
10-30-06 1
Amend the definitions in Section 18-1 as follows:
Portable building means a trailer home, a mobile home, a HUD-code manufactured
home, a manufactured home, any industrialized housing, an industrialized building or other
building or enclosures—other than a motor vehicle in operating condition,which is
purposefully designed or constructed so that either: (1) It can be moved as one unit enclosing
600 cubic feet or more; or (2) It can be moved in parts, any one of which encloses 1,200 400
cubic feet or more. The term includes containers,garden sheds,pre-fabricated shelters, storage
units and similar buildings and enclosures, whether affixed to the ground, or not.
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/Small portable building means a portable building with a gross floor area less than Xt
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square feet. ( II
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Amend Section 18-59 as follows: 1
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Sec. 18-59. Portable buildings.
(a) Permits limited. It shall be unlawful for any person to provide, deliver,move, install, erect, use,
occupy or rent has owner or as rente_d an portable building within the City, except as authorized
qb this section.
. (1) Small portable buildings are authorized, without a permit,in the following
t circumstances: (i) if located completely u p on private property Y and surrounded by
opaque fences or walls at least six feet in height, and(ii)if located completely on
N pc':, 'lrivate ro er and outside an front and area fo the yu 'lose of loadin_ or
unloading, for a time period not exceeding either E. consecutive days or a total 20
days out of any period_of 365 days,
\ ` { Small portable buildi.n.gs ma be authorized by a temporary use permit, in the
;� following circumstances: (i) if used temporarily in connection with construction •
1, • ,i activities for which another permit is in effect (including use for temporary
f \ forage,but not sleeping quarters or food preparation), (ii) if used for disaster
/ 1 relief or similar purposes on non-residential premises, for a time period not
exceeding a total of q0 days out of any period of 365 days.
V
3 Large.portable buildings m�only be authorized by a temporary use ermit.
in the following circumstances: A permit for a large portable building may only be
issued if:(i) (1) The if the-building is located ina portable building
district; or (ii) (2) The if the building is used temporarily in connection with
i •
construction activities for which another permit is in effect (including use for
temporary storage, but not sleeping quarters or food preparation),but is neither
used for sleeping quarters nor used for food preparation.
(b) Application of section. This regulation-section shall be uniformly applied and enforced
without distinction as to whether the building is manufactured on-site or off-site. All federal,
state and local requirements for construction, inspection, transportation, erection and installation
must be complied with in connection with any portable building. The building official may
impose conditions on any temporary use permit to reduce or avoid adverse impact on nearby
properties (including visual impact and any potential impact on property values) and to reduce
adverse effects upon utilities, the traveling public or other users of public spaces.
(b)(c)--• Public schools Other regulations..__-A portable building is considered a building and a
structure subject the zoning ordinance and other applicable regulations, if it is either: (i) left in one
place longer than 30 days and is not authorized by a temporary use permit: or(ii)affixed in such a manner
than it cannot be quickly moved by a single person of ordinary strength,unaided by winches,power tools,
mechanical ecluipment,vehicles or similar aids,
placement, use or occupancy of a large portable building by a school district having the power of
eminent-domain, if - : - . - ances are present:
(1) The chief administrative offcer of the district has certified to the city that such building is
necessary for the district to comply with state mandated teacher pupil ratio requirements,
and the district, based o- : •- - - : : .nd - . - , • - -- - - - : '---love
the additional temporary buildings;
(2) The building is located on a preexisting school site; and
(3) No more ti - ,e.. :: ., _ • .. - .. . . - . .• .•- • ,
large or small., on that site.
(de)Effect of section. Chapter 70 of this Code shall apply to large portable buildings, and it
shall be unlawful to use the city streets to move any such building except pursuant to a license
and permit issued under chapter 70. If a permit for a large portable building is authorized by this
section, the building is exempt from the requirement in chapter 70 that moving permits be
restricted to routes ending outside the city limits. _This section does not prohibit the continued
use or occupancy of large portable buildings by a school district having the power of eminent
domain, if the buildings were in existence on the effective date of Ordinance No. 1337 of the
City of West University Place, Texas (relating to buildings, structures and related regulations,
etc.) and have not been substantially altered or moved.
(Code 2003, § 6.408)