[HISTORY: Adopted by the Board of Health
of the Township of Cinnaminson 5-17-2006 by Ord. No. 2006-14. Amendments noted where applicable.]
The preamble of this chapter is incorporated
by reference as if the same was written herein.[1]
[1]
Editor's Note: The preamble to Ord. No. 2006-14
is on file in the Clerk's office.
As used in this chapter, the following terms
shall have the meanings indicated:
A container greater in dimension than three feet in length
by three feet in width by three feet in height rented or owned by
or for use by the property owner for storage of personal, business
or commercial items or used for the packing or storage of items for
permanently moving to or from the residence or for temporarily storing
items during a renovation to the main residences. Temporary storage
containers include, but are not limited to, sea boxes, bulk storage
containers, portable on-demand storage containers, store-to-door mobile
transportation storage containers, roll-off containers or other such
similar containers.
[Amended 12-16-2009 by Ord. No. 2009-17]
Temporary storage containers shall only be permitted
in residential, business development and industrial zones according
to the requirements established herein. Although permitted in the
Business Development (BD) Zone, temporary storage containers are expressly
prohibited in the Business Development District within the redevelopment
area, are also expressly prohibited in all other zoning districts.
[Amended 12-16-2009 by Ord. No. 2009-17]
A.
In residential zones, no temporary storage container shall be placed
or maintained on any private property unless it complies with one
or more of the followings provisions:
(1)
One temporary storage container may be placed or maintained on a
paved driveway for not more than 30 calendar days for the purpose
of packing or unpacking goods and materials of the owner or occupant
of the property in preparation for or subsequent to moving into or
out of the property.
(2)
One temporary storage container may be placed or maintained on a
paved driveway for the purpose of storing goods and materials of the
owner or occupant of the property when necessary during renovation
or rehabilitation of the structure located on the premises in which
the goods and materials would otherwise be located during the period
of renovation or rehabilitation and up to 14 calendar days prior to
commencement and 14 calendar days subsequent to completion of the
work but in no event more than a total of 120 calendar days. Said
renovation or rehabilitation must be accompanied by the issuance of
building permits from the Township Construction Office.
B.
Deviations from these requirements may be granted by the Township
Administrator in accordance with the provisions established herein.
[Amended 12-16-2009 by Ord. No. 2009-17]
Prior to the placement of a temporary storage container in a
residential zone, not covered by a duly approved site plan, the owner
of the property where such a container is to be placed, or a tenant
with written permission of the property owner, shall apply for and
receive a permit from the Township pursuant to the provisions and
standards set forth herein.
A.
Application for the permit shall be made to the office of the Township Zoning Officer, or such other office as the Township Administrator may from time to time designate, on a form provided by the Township. The application shall require, among other things, the full name, address, and other contact information for both the owner of the container and the owner of the property with which the use of the container is associated. The application shall be accompanied by a permit fee as set forth in Chapter 265, Fees.
B.
Any container located on a driveway shall be so placed in a manner
to ensure stability. If, in the opinion of the Township Police Department,
the location is sufficiently near a public vehicular or pedestrian
path, the Police Department, in its sole discretion, may require suitable
safety markings. In no case shall a container be placed in any location
or sight triangle to impede the flow or safety of vehicular and pedestrian
traffic.
C.
Any permit issued for placement of a container shall include a sticker
which is to be prominently displayed on the inside of the residential
dwelling's first floor window closest to the front door and visible
for inspection by the Township. The permit shall indicate the commencement
and expiration date of the permit.
D.
Upon a written showing of continued need for the container (such as during the course of major construction projects), permits may be extended at the discretion of the Township Administrator. In making a determination on an extension request, the Administrator shall consider: 1) the length of time the container has been in place; 2) the reason for the container; 3) the visual impact, nature of the neighborhood and similar issues; 4) whether noise, litter or similar quality of life problems have been associated with the use of the container; 5) whether there has been a delay in completing the work; 6) the additional time reasonably necessary to complete the project; and 7) such other factors as may be deemed reasonable and appropriate under the circumstances. The request for such extension shall be made no later than five days prior to the scheduled expiration date and shall be accompanied by a supplemental fee as set forth in Chapter 265, Fees. The Township Administrator shall make his determination with five days of receipt of the written request. An extension denial is a final decision by the Township
[Amended 12-16-2009 by Ord. No. 2009-17]
A.
In residential zones, a temporary storage container may only be placed
in the driveway. No person shall cause or have caused to be placed
a temporary storage container on the side or rear yards of any residential
property unless said location is part of the regular driveway leading
from the street to the garage.
B.
A temporary storage container may not be placed in the right-of-way
or upon any easement for drainage, access or utilities.
[Added 12-16-2009 by Ord. No. 2009-17[1]]
In the Business District and industrial zones, no temporary
storage container shall be placed or maintained on any private property
unless it complies with the followings provisions:
A.
The storage container must be located within an existing fenced outdoor
storage area.
B.
The fencing must be screened with a plain translucent material to
prevent direct visibility. The screening shall be colored so as to
allow the screening to blend into the existing fencing and/or surrounding
landscape. The screening may not contain any wording, logos or advertising.
C.
Although the temporary storage container is not a building under
the Uniform Construction Code or for Municipal Land Use Law[2] purposes, the storage container shall be considered a
structure for setback limitations and building coverage ratio calculations.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
No site plan approval shall be required. It is recognized that unauthorized
use of temporary storage containers may have previously existed in
the Township and, when identified, such uses were charged with being
in violation of the Township Zoning Ordinance.[3] As the use of temporary storage containers was previously
a prohibited use, there are no uses which qualify as preexisting,
nonconforming uses. No current use shall be grandfathered to avoid
conformity with the requirements established herein.
E.
The maximum size of a temporary storage unit shall be 10 feet wide
by 10 feet high by 30 feet long.
F.
A maximum of six storage units for a total of 1,800 square feet of
temporary storage containers may be permitted.
G.
The containers shall be used for storage only. No customers shall
have access to or be permitted to enter the containers. No direct
sales shall occur from the temporary storage units. Materials and
product in the storage containers shall be used to restock the product
display areas inside the existing store.
H.
The containers must be placed on impervious surface and placed to
ensure stability.
I.
Units must be placed in locations to avoid creating obstacles to
fire exits. If the size and location of said units prevents clear
and obvious passage to a fire exit, additional directional signs will
be installed, at the applicant's expense, at the direction of
Township fire inspectors or construction officials.
[Added 12-16-2009 by Ord. No. 2009-17]
Prior to the placement of a temporary storage container in a
business development or industrial zone which is not covered by a
duly approved site plan, the owner of the property where such a container
is to be placed, or a tenant with written permission of the property
owner, shall apply for and receive a permit from the Township pursuant
to the provisions and standards set forth herein.
A.
Each temporary storage container shall require an individual permit
from the Township.
B.
A permit may be issued for up to 90 days.
C.
Application for the permit shall be made to the office of the Township Zoning Officer, or such other office as the Township Administrator may from time to time designate, on a form provided by the Township. The application shall require, among other things, the full name, address, and other contact information for both the owner of the container and the owner of the property with which the use of the container is associated. The application shall be accompanied by a permit fee as set forth in Chapter 265, Fees.
D.
The proposed location and screening shall be fully detailed on a
plan to accompany the permit application.
E.
Any permit issued for placement of a container shall include a sticker
which is to be affixed to the door of the storage container and visible
for inspection by the Township indicating the commencement and expiration
date of the permit.
No human or animal shall occupy a temporary storage container
except for the express purpose of loading or unloading the container.
No heat source of any kind shall be placed in the container.
[Amended 12-16-2009 by Ord. No. 2009-17]
Each and every day that a temporary storage container remains
on the property from said notice shall be considered as a new and
separate violation. Each and every temporary storage container more
than the quantity authorized on the property shall be considered a
new and separate violation.
Any person who shall violate any provision of this chapter shall,
upon conviction, be punishable by fine not exceeding $200 or by imprisonment
for not more than 90 days, or by an order to perform community service,
or a combination thereof, in the discretion of the Municipal Judge.
