HomeMy WebLinkAbout10052006 BSC Agenda Item 6 • •
Amendment to clarify
regulation of containers
used as buildings
10-4-06
Amend Section 18-59 as follows:
Sec. 18-59. Portable buildings.
(a) Permits-limed It shall be unlawful for any person to provide, deliver, move, install,erect, use,
occupy or rent(as owner or as renter)any portable building within the City, except as authorized
by this section.
(1) Small portable buildings are authorized, without a permit, in the following circumstances: (i)
if located completely upon private property and surrounded by opaque fences or walls at
least six feet in height, and(ii) if located completely on private property(and outside any
front yard area) for the purpose of loading or unloading, for a time period not exceeding
either consecutive days or a total days out of any period of 365 days.
(2) Small portable buildings may be authorized by a temporary use permit, in the following
circumstances: (i) if 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), (ii) if used for disaster relief or similar
purposes on non-residential premises, for a time period not exceeding total of
days out of any period of 365 days.
3 Lar_e sortable buildin7s ma only be authorized b a temfora use sermit in the followin
circumstances: .. . . .. . - -- • -- • . . :(i) (1)
_
Thethe-building is located in. a portable building district; or (ii)(2) The
the building is used temporarily in connection with construction activities for which
another permit is in effect (including use lbr temporary storage, but not sleeping
quarters or food preparation), but is neither used for sleeping quarters nor used for
€eed 'pafatio*.
(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 to the zoniag 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
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than it cannot be quickly moved by a single person of ordinary strength, unaided by winches,power tools,
mechanical equipment, vehicles or similar aids.
Until June 1, 2002, and-notwithstanding subsection (a), permits may be issued for the erection,
eminent domain, if all of the following circumstances arc present:
cer of the district has certified to the city that such building is
and the district, based on present plans and projections, will make every effort to remove
•
(2) The building is located on a preexisting school site; and
. .. - • - - ' . ' ° - - . . - . . .. . . . .
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)
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• •
Amend Section 18-59 as follows:
Sec. 18-59. Portable buildings.
(a) Permits. A permit is required for a large portable building but may only be issued
if (i)
(1) Thethe building is located in a portable building district; or(ii)
(2) The the building is used temporarily in connection with construction activities for which
another permit is in effect, but is neither used for sleeping quarters nor used for food
preparation. A permit is required for any other portable building unless it is located
inside a [fenced yard] or farther than _ _ feet from a street area. Exception: A permit is
not required for loading time (not to exceed+days) or unloading time (not to exceed
_days), if prior notice of uses are given to the building official, and no more than one
such period occurs during any period of days or more. Such a permit may only be
issued temporary use in connection with construction activities for which another permit
is in effect or for emergency relief activities (not to exceed 30 days per permit).
(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.
(b)(c) Public schools Other regulations. -A portable building is considered a building and a
structure, subject to the zoning ordinance and other applicable regulations, if it is either: W left in one
place for 30 days or longer and is not authorized by a temporary use permit; or (ii) affixed in such a
manner than it cannot be immediately moved by a single person of ordinary strength, unaided by
winches,power tools, mechanical equipment, vehicles or similar aids.
(1) The chief administrative officer of the district has ce- --- • • ••
(2) The building is located on a preexisting school site; and
- - . - -
large or small, on that site.
(c) 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)