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HomeMy WebLinkAboutOrd 1843 - portable storage units and portable buildings Ordinance No. 1843 AN ORDINANCE RELATING TO PORTABLE STORAGE UNITS AND PORTABLE BUILDINGS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the building official of the City has developed certain amendments to the Code of Ordinances relating to portable storage units and portable buildings; and WHEREAS, the amendments were reviewed and amended by the Building & Standards Commission, which has now recommended them to the City Council; and WHEREAS, the Council has reviewed the amendments and modified them; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Sections 18-1, 18-59 and 18~66 of the Code of Ordinances of the City.of West University Place, Texas are hereby amended as set out in Appendix A, which is attached to and made a part of this ordinance. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any wordf phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby~ Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Actf as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action~ The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance shall take effect on the tenth day following its publication, as provided in the City Charter (UEffective Date"). This Ordinance shall apply to offenses committed on or after the Effective Date. For this purpose, an offense is committed on or after the Effective Date if any element of the offense occurs on or after the Effective Date. Other offenses are covered by the ordinances in effect at the time, and such ordinances are conti~ued in effect for that purpose. A'~ED, APPROVED AND ADOPTED ON FIRST READING on /~ ,2007. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSED, APPROVED AND ADOPTED ON SECOND AND FINAL READING AND SIGNED on ~ .;n;;.. ,2007. Councilmembers Voting Aye: ~ CounciJmembers Voting No: Councilmembers Absent: Att~ Signed: . City Seer ry (Seal) Recommended: ~ ~ City Manager Approved as to legal form~ t? ~ City Attorney ~ Prepared by James L~ Dougherty, Jr. Appendix A (as discussed and amended at first reading, 2-12--07) Amend Sec. 18-1 of the Code of Ordinances bv addina a new definition, as follows: Portable storage unit means a shipping container.. a storage container or similar box-like enclosure designed or constlucted to: (.i) protect floods from the weather and (ii) be moveable as a unit with (or without) goods enclosed. Add a new Sec. 18-66 of the Code of Ordinances as follows: Sec. 18-66. Portable stora2e units. fa) Permits. Except to the extent expressly authorized by an effective permit issued by the building officiaL it shall be unlawful for any person to provide~ deliver'l move~ instalL erect.. use.. occupy or rent (as owner or as renter) any portable storage unit within the City~ or to cause or allow any such activity at a place the person owns or controls. Permit regulations (and exemptions) shall be generally the same as for site-built buildings of similar size. H"owever.. it shall be an affirmative defense in any proceeding to enforce this section and no "permit shall be req uired if: (1) the volume of the unit did not exceed 200 cubic feet and no part of the unit was located in a front yard or side yard: or (2) the volume of the unit did not exceed 1030 cubic feet~ and: (i) the unit was located completely within a building site~ (ii) no part of the unit blocked any "part of a public sidewalk.. public easement or public way't (iii) the unit was only used for loading or unloading goods.. (iv) there was no more than one unit on the building site at any given time~ and (v) during the "preceding 365 days~ portable storage unites) were on the site no more than ten days consecutively.. and no more than 20 days ill the aggregate; or (3) the unit was only stored or used inside an enclosed building. (b) Disaster relief, etc. Permits for Dorta"ble storage units to be used for disaster relief or similar purposes shall be limited as follows: (i) the volume of the units may not exceed 1030 cubic feet each.. (ii) the units may only be located on non-residential premises'l (iii) the units must be part of an organized program providing relief from" human suffering (resulting from a disaster or similar cause).. and (iv) during any period of 365 days.. portable storage unites) may be on the premises no more than 90 days in the aggregate. ( ( c) AV/Jliccltion of section; conditions~ This section s.hall be uniformly applied and enforced regardless of whether the unit is manufactured on-site or off- site~ All federal~ state and local requirements for construction~ inspection~ trallsportation~ erection and installation must be complied with in connection with any portable storage unit. The building official may impose conditions and time limits 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~ Cd) Other ref!lllations~ A portable storage unit must also comply with the zoning ordinance and other applicable building regulations (in addition to this sectionl'l if it: (i) is authorized by a permit but left in place longer than allowed bv that permit'l (ii) has a permanent foundation or is permanently affixed to the ground~ or (iii) .has an electricaL .plumbing or other utility c01U1ection~ [NOTE: THE FOLLOWING IS A CONFORMING AMENDMENT FOR THE EXISTING SECTION ON "PORTABLE BUILDINGS"] Amend subsection (a) of Sec. 18-59 of the Code of Ordinances as folJows: (a)Permits~ Except to the extent expressly authorized by an effective permit issued by the buildil1g officiaL it shall be unlawful for any person to erect irnprove~ construct'l instalL affix~ enlarge~ convert~ demolish or structurall V alter any portable building within the City., or to cause or allow any such activity at a place the person owns or controls~ Permit requirements (and exemptions) shall be generally the same as for site-built buildings of similar size~ However'l a A permit for a large portable building may only be issued can only be effective whil e: if.:. (1) The building is located in a portable building district; or (2) The building is used temporarily in conl1ectioll with construction activities for which another permit is in effect, .but is neither used for sleeping quarters nor used for food preparation~ This regulation 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.