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HomeMy WebLinkAbout12072006 BSC Agenda Item 3 • • Amendment to-clarify use re_gardin_q "portable enclosures" 48-30-8612-05-06 Amend the definitions in Section 18-1 as follows: Portable building district means a zoning district that explicitly allows portable buildings, if such a district is established by proper amendment of the zoning ordinance. Such amendments may be proposed from time to time; see, e.g., Article 14 of the zoning ordinance. Portable building enclosure means a trailer home, a mobile home, a HUD-code manufactured home, a manufactured home, any industrialized housing, an industrialized building, a shipping container, a garden shed, a play house, a pre-fabricated shelter, a storage unit and any similar building or enclosure : - ..' .. - .. -S—other than a motor vehicle in operating condition),which purposefully designed or constructed to: (i)provide protection from rain and(ii)be moveable, either as a unit or as panels or modules. . . - - . . .. . , - _... - .. Large portable enclosure means a portable enclosure with an enclosed volume of 900 cubic feet or more. Small portable enclosure means a portable enclosure with an enclosed volume smaller than 900 cubic feet. [Delete large portable building"definition.! Amend Section 18-59 as follows: Sec. 18-59. Portable buildingsenclosures. (a) Permits. It shall be unlawful for any person to provide, deliver,move, install, erect, use occupy or rent(as owner or as renter) any portable enclosure within the City, unless authorized by a permit issued by the building official under this section. Exceptions: No permit is required by this section for either of the following two categories: (1) Very small, easily moved. An enclosure meeting all the following criteria: (i)the enclosed volume does not exceed 200 cubic feet; (ii)no part has a height greater than eight feet; (iii) it is located completely on private propery at least three feet from the nearest property line; (iv)no part is located in a front yard; (v) there is no electrical, plumbing or other utility connection, andLvil it can be quickly moved by a single person of ordinary strength, without using winches,power tools,mechanical equipment, vehicles or similar aids. f2) Small, loading and unloading only. A small portable enclosure located completely on private property(and outside any front yard area), for the purpose of loading or • • unloading only, on not more than ten consecutive days and on not more than 20 days out of any period of 365 days. A permit issued under this section may only authorize the following: (1)A small portable enclosure while it is: (i) used temporarily in connection with construction activities for which another permit is in effectlincluding use for temporary storage,but not sleeping quarters or food preparation), or(ii)used on non-residential premises in an organized program providing relief from human suffering(resulting from a disaster or similar cause) on not more than 90 days out of any period of 365 days. (2)A large portable enclosure while it is: - , • . • _ .• • • - • •• •• • issued if: (1) The building is (i) located in. a portable building district; or(ii)(2) The building is used temporarily in connection with construction activities for which another permit is in effect(including use for temporary storage,but not sleeping quarters or food preparation), . . • - - • •. - - . • ••• - • -- prepafan. (b) Application of section;conditions. This regulation-section shall be uniformly applied and enforced . .. - • . :regardless of whether the buig-enclosure 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 buildingenclosure. The building official may impose conditions on any 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) Public schools Other regulations. —A portable enclosure must comply with the zoning ordinance and other applicable building regulations (in addition to this section), if it: (ii is authorized by a permit, but left in place longer than allowed by that permit, (ii) has a permanent foundation or is permanently affixed to the ground, or(iii)has an electrical,plumbing or other utility connection.•.!! - -- - - - . - . .• ... • - mal1 .,that site (dc) Effect of section. Chapter 70 of this Code shall apply to large portable buildingsenclosures, and it shall be unlawful to use the city streets to move any such building-enclosure except pursuant to a license and permit issued under Cehapter 70. If a permit for a large portable building-enclosure is authorized by this section, the building-enclosure 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 • r occupancy of large portable buildings enclosures 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.