[HISTORY: Adopted by the Township Committee of the Township
of Mantua 8-16-2021 by Ord. No. O-15-2021. Amendments noted where applicable.[1]]
A.
The governing body of the Township of Mantua deems the use of portable
storage in need of clear regulation; the governing body expressly
requires that all the provisions of this chapter be complied with
by the tenant and/or owner of the property upon which storage containers
are used.
B.
The governing body intends that this chapter is to cover all storage
containers that are adaptable or suitable to be used for storage.
The placement of same upon property requires obtaining a permit at
the time of placement.
As used in this chapter, the following terms shall have the
meanings indicated:
A trailer, portable temporary container, or portable structure,
with or without axles and wheels, intended to support construction
activity at a site with an active building permit.
A self-storage container that is delivered to and retrieved
from a home or business for long-term off-site or on-site storage.
Portable Storage On Demand or PODS® is a familiar trade name for such containers. These containers are
not on a chassis and do not have axles or wheels. Portable storage
containers are containers loaded with materials and placed on a property
authorized for residential use for the purpose of temporarily storing
materials, including any container, storage unit, shed-like container
or other portable structure that can be or is used for the storage
of personal property of any kind and which is located for such purposes
outside an enclosed building other than an accessory building or shed
complying with all building codes and land use requirements.
A portable storage container or trailer that does not have
a permanent foundation or footing and which includes portable storage
containers, construction trailers, and bulk solid waste containers.
Such structures shall not be considered a building or accessory structure.
Portable storage containers may be utilized as a temporary structure
within the Township when in compliance with the standards of this
section. It shall be the obligation of the owner and/or user of such
temporary structure to secure it in a manner that does not endanger
the safety of persons or property in the vicinity of the temporary
container. No human or animal shall occupy any portable storage container
except for the express purpose of loading or unloading the container.
No heat source of any kind shall be placed in any portable storage
container. No toxic or hazardous materials shall be placed in any
portable storage container. Any use of such containers within the
Township not in compliance with this section shall be unlawful. No
person shall place or utilize a portable storage structure or permit
a portable storage structure to be placed on or along a public area
in the Township of Mantua without first having obtained a permit from
the Code Enforcement Officer upon approval from the Police Department.
A.
Use of a portable on-demand storage structure shall only be permitted
where a permit has been issued by the Enforcement Officer. An application
for the permitted use of a portable storage structure may be obtained
from the Code Enforcement Department, and the application shall be
submitted when completed by the party requesting use of a portable
on-demand storage structure on that form provided by the Enforcement
Officer to the Enforcement Officer with a sketch showing the location
of the structure on the site and detailing the distance of the structure
from other buildings, fire hydrants and/or utilities. If the permit
application is made by a tenant or contractor, written permission
of the owner of the subject property for the placement of such portable
storage container on the subject property must be provided to the
Code Enforcement Department before a permit is issued. Application
for a storage structure shall be made by submission of the following
information:
(1)
Name and address of the applicant and the owner of the property,
if different;
(2)
Street address where the portable storage container will be located;
(3)
Size of the portable storage structure to be placed at the site and
the proposed location of the portable on-demand storage structure;
and
(4)
Anticipated length of time the portable on-demand storage structure
will be located at the site.
B.
Permits shall be issued for a time period of 30 days. There shall
be a permit application fee charged in the amount of $25 for every
request for initial portable storage container permit and/or extensions
for residential usage and $50 for initial portable storage container
permit and/or extensions for nonresidential properties.
B.
Nonresidential.
(1)
Portable storage structures may be allowed in nonresidential zoning
districts. The units shall be placed only in the rear or side portion
of a site. Under no circumstances shall a portable storage unit be
placed in an area fronting a street or road, or in a grass/landscaped
area, or in the front parking lot of a commercial establishment. The
placement of portable storage units in fire lanes, passenger loading
zones, commercial loading zones or public rights-of-way shall be strictly
prohibited.
(2)
The allowable number of units shall be determined by the Zoning Officer
pending site characteristics, lot area and location of unit/units.
(3)
Portable storage units in nonresidential zoning districts must also
demonstrate, to the satisfaction of the Enforcement Officer, that
the specific location/complex has sufficient space to place a portable
storage unit and continue to provide adequate parking, public safety
access and comply with all health, safety and welfare concerns.
(4)
A portable storage container in nonresidential-used land may not
exceed 10 feet in height, 10 feet in width, or 20 feet in length.
(5)
Portable storage units in nonresidential-used land may not be stacked
on top of each other and the storage of material on top of any portable
storage unit is prohibited.
A.
Portable storage containers may be located as a temporary storage
container on property within the Township for a period not exceeding
30 days in duration from time of delivery to time of removal. One
extension of 30 days may be applied for, but must be previously approved
by the Code Enforcement Department prior to the expiration of their
initial thirty-day period. Such temporary container may not be located
on the same specific property more than once in any given one-year
period.
B.
In the event of high winds or other weather conditions in which such
container may become a physical danger to persons or property, the
Zoning Officer or a Code Enforcement Officer may require the immediate
removal of such temporary container.
C.
In the event of fire, hurricane or natural disaster causing substantial
damage to a structure, the property owner may apply to the Township
for permission to extend the time that a portable storage container
may be located as a temporary structure on the property. Application
for such extended duration shall be made in writing and filed with
the Code Enforcement Department and shall give sufficient information
to determine whether such extended duration should be granted. The
Code Enforcement Department shall determine whether or not to grant
such extended duration and the length of such extension. In the event
of an adverse decision by the Code Enforcement Department, the applicant
may appeal such decision to the Township Committee. In the event of
such appeal, the decision of the Township Committee shall be final.
A.
Portable storage containers for use on residential properties are
prohibited from being placed in streets, public rights-of-way, or
on unimproved surfaces in the front yard of a property and may only
be placed upon driveways and side or rear yards if such locations
meet the requirements of this section. All such locations must be
paved, off-street surfaces at the farthest accessible point from the
street, and all must comply with the side yard accessory structure
setback requirements for any accessory structures in the zone in which
such portable storage container is located. If the property does not
have a driveway, or cannot meet the standards described herein, the
Code Enforcement Department may, as part of the permit approval process,
approve the placement of a container in the front yard. If such portable
storage container is to be permitted to be located in the front yard,
it must be kept at the farthest accessible point from the street and
the surrounding area must be maintained in a weed-free condition.
B.
In the case of nonresidential zones, such as commercial or industrial
sites, portable storage units shall be placed only in allotted parking
spaces on the site unless otherwise approved by the Code Enforcement
Officer.
C.
Wherever portable storage containers may be placed, they shall be
subject to all property maintenance standards applicable to accessory
structures. No portable storage container shall be allowed to remain
outside in a state of disassembly or disrepair.
A.
Any portable storage container placed in violation of this article
or which is not removed at the end of the time for which it may lawfully
remain in place, or immediately upon the direction of the Director
of Land Use, Code Enforcement Officer, Zoning Officer or a law enforcement
officer for removal of such temporary structure for safety reasons,
shall be punishable, upon conviction thereof, by a fine not to exceed
$2,000 for each violation committed hereunder.
B.
The owner of the subject property shall be afforded a ten-day period
to cure or abate such violation. Every day that a violation continues
after service of written notice by certified and/or regular mail on
the owner of the subject property as shown in the latest tax duplicate
shall be deemed a separate offense. The court may also order the removal
of the violation by the Township, and the cost of such removal, together
with the cost of administration of its removal, may be assessed against
the property on which the temporary storage structure was located
and may be filed as a lien against such property by the Township Clerk.
Such lien shall be superior in dignity to all other liens or encumbrances
upon the property, including the lien of a mortgage, and shall be
equal in dignity to the lien of ad valorem taxes.
