[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 12-18-2017 by Ord. No. 2017-7. Amendments noted where applicable.]
The purpose of this chapter is to create a procedure whereby individuals may apply for a permit to allow for the use of temporary storage containers on residential property and to provide for rules, regulations, and restrictions with regard to the use and placement of such temporary storage containers.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein:
- TEMPORARY STORAGE CONTAINER
- Outdoor containers commonly referred to as "pods" and/or similar containers used to store personal home furnishings and/or personal items only on a temporary basis during a time of home repair, construction, renovation or relocation.
Temporary storage containers, and other portable structures, including temporary bathroom structures, 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, side and rear yards, provided such locations meet the requirements of § 290-45. All such locations must be paved, off-street surfaces at the furthest accessible point from the street, and all must comply with the side yard, front yard, rear yard and accessory structure setback requirements for any accessory structures in the zone in which such portable storage container and/or structure is located. If the property does not have a driveway, or cannot meet the standards described herein, the Zoning Officer may, as part of the permit approval process, approve the placement of said container and/or portable structure in a location that complies with the Borough's ordinance to the greatest extent practicable.
Temporary storage containers and other portable structures, including temporary bathroom structures, shall not obstruct the public right-of-way.
Temporary storage containers shall be permitted in all residential zoning districts of the Borough of Leonia.
Temporary storage containers shall not exceed 20 feet in length and shall have a maximum of 1,800 cubic feet.
No storage container within the Borough shall contain toxic or hazardous materials.
Only one temporary or portable container may be placed at any residential property at one time. Such temporary container may not be located on the same specific property more than two times in any given one-year period.
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 Construction Code Official may require the immediate removal of such temporary container.
Wherever portable storage containers may be placed, they shall be subject to all property maintenance standards applicable to accessory structures. No portable storage container or structure shall be allowed to remain outside in a state of disassembly or disrepair.
Prior to the delivery or use of any temporary storage container on residential property, an application must be made to the Zoning Officer for a permit allowing for the delivery and use of such temporary storage container. Such application must include a survey reflecting the proposed location of the temporary storage container on the applicant's property. Permits issued shall allow for the use of such temporary storage container for a period of 60 days provided, however, that if it shall become necessary to extend said time period beyond the initial 60 days, a property owner may make an application to the Zoning Officer for an extension of time not to exceed an additional 60 days and shall not exceed a total of 120 days. The circumstances which gave rise to the issuance of a permit, as identified in § 244-2, shall exist at the time an extension request is made to the Zoning Officer. The Zoning Officer is authorized to prepare an application form for use with this section.
There shall be a fee charged for the initial permit of $125. The fee for an extension permit shall be $75, payable to the Borough of Leonia.
This chapter shall be enforced by the Zoning Officer, Construction Code Official or such other employee or department of the Borough as designated by resolution of the Mayor and Council. In the event adherence to the restrictions set forth in this Chapter 244 shall, in the opinion of the Zoning Officer, Construction Code Official, or such other employee or department as designated in writing by the Mayor and Council to enforce this chapter, result in undue or substantial hardship to an applicant hereunder, such officer, official, employee or department may relax such restrictions as may be necessary.
Any person, firm, corporation and/or entity violating or neglecting to comply with any provision in this chapter shall be subject to a fine up to $500 for the first offense and $750 for each and every subsequent offense. Each and every day such violation or noncompliance exists shall constitute a separate offense, and an additional fine shall be imposed as set forth herein.
If any portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this chapter, but shall be confined in its effect to the provision directly involved in the controversy in which said judgment shall have been rendered.
All other ordinances of the Borough, or parts thereof, which are in conflict with this chapter are hereby repealed to the extent of such conflict.
This chapter shall take effect upon passage and publication as required by law.